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-   -   If someone registers YOURTRADEMARK.xxx, sue the ICM (https://gfy.com/showthread.php?t=1028281)

u-Bob 06-28-2011 02:49 PM
If someone registers YOURTRADEMARK.xxx, sue the ICM
 
If someone registers YOURTRADEMARK.xxx, sue the ICM Registry.

It is the ICM Registry that creates the domain YOURTRADEMARK.xxx.
It is the ICM Registry that uses part of it's infrastructure to keep the domain YOURTRADEMARK.xxx online.
Without the cooperation of the ICM Registry the act of violating your trademark by registering a YOURTRADEMARK.xxx domain wouldn't be possible.



</not a lawyer :)>

woj 06-28-2011 03:44 PM
try that logic when someone registers YOURTRADEMARK.com and see what happens?

marlboroack 06-28-2011 04:53 PM
I heard we were going to have shit like .kitten and .boobs. So suckmyballs.boobs

u-Bob 06-28-2011 06:46 PM
Quote:
Originally Posted by woj (Post 18246276)
try that logic when someone registers YOURTRADEMARK.com and see what happens?
One could argue that because the ICM itself has put a system in place that trademark owners can use to exclude their trademark from being registered as a .xxx domain (in exchange for $200 or $300) they (the ICM):
- are ware of the possibility that trademarks might be registered as .xxx domains by someone other than the tm owner.
- are aware of the possibility to prevent this from happening.
- have the possibility to prevent this from happening.
- admit that they'll assist people in violating your tm unless you pay them.


</again, not a lawyer>

davecummings 06-28-2011 06:56 PM
Interesting, and yes my name "Dave Cummings" is trademarked; I will not be paying icm -- rather, I'll take appropriate IP/Trademark legal action!

CYF 06-28-2011 08:31 PM
Quote:
Originally Posted by u-Bob (Post 18246692)
One could argue that because the ICM itself has put a system in place that trademark owners can use to exclude their trademark from being registered as a .xxx domain (in exchange for $200 or $300) they (the ICM):
I was under the impression you could exclude your trademarks for free.

u-Bob 06-29-2011 07:26 AM
Quote:
Originally Posted by CYF (Post 18246863)
I was under the impression you could exclude your trademarks for free.
prices range from $200 to over $300.

Kenny B! 06-29-2011 07:40 AM
Aside from a select few you're talking about an industry that does nothing and pretty much takes it in the ass when people rip off their content, stop sending affiliate payments, close down payment services, etc. etc.

You think the .com domain owner is launching a lawsuit for a .xxx domain? Add to that the .com owner probably doesn't have a trademarked on their "brand" in the first place, give me a break.

u-Bob 06-29-2011 07:45 AM
Quote:
Originally Posted by Kenny B! (Post 18247610)
...an industry that does nothing...
we were able to delay the approval of the .xxx for several years!

Freaky_Akula 06-29-2011 08:03 AM
Fuck dotxxx.

u-Bob 07-12-2011 06:07 PM
Looks like both Manwin and Hustler are warning the ICM that this is just what they'll do if the ICM allows anyone to register oneoftheirtrademarks.xxx :thumbsup

Herd 07-12-2011 07:06 PM
Quote:
Originally Posted by Kenny B! (Post 18247610)
Aside from a select few you're talking about an industry that does nothing and pretty much takes it in the ass when people rip off their content, stop sending affiliate payments, close down payment services, etc. etc.

You think the .com domain owner is launching a lawsuit for a .xxx domain? Add to that the .com owner probably doesn't have a trademarked on their "brand" in the first place, give me a break.
Not to many people care about the poor pornographer. But legitimate businesses with no affiliation to smut, suddenly has to pay "street tax" to a pornographic company?? Because this company that popped out of thin air says so?? Uh huh.. Good luck with that hustle. Because that will be ICM's downfall.

JFK 07-12-2011 07:42 PM
Quote:
Originally Posted by CYF (Post 18246863)
I was under the impression you could exclude your trademarks for free.
yeah right:1orglaugh:1orglaugh

glowlite 07-12-2011 08:28 PM
I don't think Manwin and Hustler have a leg to stand on as far as registration of any domain name. Anyone can register any trademark domain they want. The fact Joe Blow registers pepsi.xxx means little if the domain remains dormant.

It's what the owner does with the domain afterward that creates the problem.

Paying $200-300 as a one-time fee would be much less costly than recovering a TM domain. It would be a 'no contest' win for the trademark holder but it would still be quite expensive.

Seems like a form of extortion by ICM. :disgust

Barry-xlovecam 07-12-2011 08:38 PM
Unfortunately, as far as I can find, only the individual registrants seem to be liable for trademark infringement ... Has anyone successfully sued the registries for .info, .mobi, .cc, et. al. for trademark infringement in registrations?

InfoGuy 07-13-2011 01:38 AM
Quote:
Originally Posted by glowlite (Post 18278195)
Paying $200-300 as a one-time fee would be much less costly than recovering a TM domain. It would be a 'no contest' win for the trademark holder but it would still be quite expensive.
Domain disputes (UDRP) can be bulk filed, which significantly reduces the cost to a trademark holder / complainant. However. if trademark holders file lawsuits for domain disputes instead, U.S. law allows for monetary damages of up to $300,000 per domain plus recovery of reasonable legal fees and costs.

WIPO Schedule of Fees under the UDRP
Quote:
Single Panelist
Number of Domain Names Included in the Complaint | Fee (United States Dollars)

1 to 5 | 1500 [Panelist: 1000; Center: 500]

6 to 10 | 2000 [Panelist: 1300; Center: 700]

More than 10 | To be decided in consultation with the WIPO Arbitration and Mediation Center

Three Panelists
Number of Domain Names Included in the Complaint | Fee (United States Dollars)

1 to 5 | 4000 [Presiding Panelist: 1500; Co-Panelist: 750; Center: 1000]

6 to 10 | 5000 [Presiding Panelist: 1750; Co-Panelist: 1000; Center: 1250]

More than 10 | To be decided in consultation with the WIPO Arbitration and Mediation Center
Quote:
Originally Posted by glowlite (Post 18278195)
Seems like a form of extortion by ICM. :disgust
A strong comparison could be drawn between ICM Registry's scheme to squeeze money out of trademark holders and racketeering with protection money charged to businesses by organized crime syndicates.

InfoGuy 07-13-2011 01:50 AM
Quote:
Originally Posted by Barry-xlovecam (Post 18278218)
Unfortunately, as far as I can find, only the individual registrants seem to be liable for trademark infringement ... Has anyone successfully sued the registries for .info, .mobi, .cc, et. al. for trademark infringement in registrations?
I'm not a lawyer, but personally I view the TLDs you mentioned as being materially different from that of .XXX Associating "Brand Name" with neutral TLDs like .info, .biz, .mobi, et al do not portray the brand in a negative context, but using a non-adult related "Brand Name" with .XXX could easily tarnish the reputation of "Brand Name" and devalue its associated goodwill.

Barry-xlovecam 07-13-2011 05:44 AM
Quote:
Originally Posted by InfoGuy (Post 18278569)
I'm not a lawyer, but personally I view the TLDs you mentioned as being materially different from that of .XXX Associating "Brand Name" with neutral TLDs like .info, .biz, .mobi, et al do not portray the brand in a negative context, but using a non-adult related "Brand Name" with .XXX could easily tarnish the reputation of "Brand Name" and devalue its associated goodwill.
Maybe, for a registration of pepsi.xxx or disney.xxx there is some claim of acting in a reasonable and prudent manner toward ICM. Any defamation or "brand damage" claim I think would fall on the Registrant. (Happy if I can be proved wrong on this one).

Neither Manwin nor Hustler has made any threat based on any statute, ICAAN rule or
precedent case law so far ? if they have some angle ? show some cards ... A threat of lawsuit with some teeth is closely listened to ...


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