Archive for the ‘icm registry’ Category
There’s money in brand protection.
9,000 people are expected to attend the International Trademark Association (INTA) annual meeting in Washington, DC May 5-9. Some of the topics on the agenda for next week include domain names and how companies can protected their brands in an expanding top level name space.
There will be a lot of domain name companies in attendance. Here are some that are exhibiting:
101domain.com
DomainTools
GoDaddy
ICM Registry (.xxx registry)
Key-Systems
Marksmen Inc.
Melbourne IT DBS
Safenames LTD
You may be surprised to see ICM Registry on the list, but it makes perfect sense. Many of its customers are trademarks holders who want to protect their brands. I suspect ICM will also start talking up its plans to help trademark holders by applying for several other adult top level domains, such as .sex.
© DomainNameWire.com 2011.
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Letters threaten legal action if trademarks are registered as .xxx domains.
Free Speech Coalition, which has been fairly quiet since organizing a poorly attended protest at an ICANN meeting in San Francisco earlier this year, is making some noise again.
The group that represents some adult webmasters has provided a template “Trademark Protection Letter” for adult web site owners to send to .xxx registry ICM Registry. People can customize the letter with their list of trademarks to put ICM “on notice”.
According to the letter, ICM Registry has a greater responsibility than generic registries to protect specific trademarks because it’s clear that they will be used in direct competition with the owners. The letter states:
In contrast, if the holder of a trademark engages in selling specific products and services, a third party purchasing a domain identical to the trademark in a generic TLD, such as .NET or .BIZ
only improperly competes against the trademark holder if the use of the domain name is directly
in competition with the holder’s area of business.
The letter concludes with a threat:
ICM is now on notice that the registration of any domain name using the .XXX extension that is identical or confusingly similar to one of the trademarks or domains listed on Exhibit A will violate (COMPANY NAME)’s intellectual property rights and constitute an unfair business practice. ICM must take steps to prevent such activity before it can occur. Failure to take affirmative steps to prevent this conduct will establish ICM’s substantial liability.
(COMPANY NAME) welcomes the opportunity to engage in meaningful dialogue with ICM, should ICM choose to resolve these matters other than through litigation.
© DomainNameWire.com 2011.
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How many .xxx domain names will be registered in the first year?
ICM Registry says it has received nearly 900,000 “expressions of interest” for its .xxx top level domain name. It has also extended the sunrise period for trademark holders, apparently due to demand.
Anyone could submit an expression of interest in a .xxx domain name and some of them are for the same domain name, so no one has paid the $70+ per domain for these yet. But that will soon change.
It’s clear there will be a lot of registrations, and not all from willing participants. There are also already over two dozen domain name registrars signed up to accept registrations — most notably GoDaddy.
So, how many domains do you think will be registered by one year after general availability, which would be December 7, 2012?
Note: There is a poll embedded within this post, please visit the site to participate in this post's poll.
© DomainNameWire.com 2011.
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Registry will get a windfall in initial fees to block registrations of trademarks.
.XXX could set a record when it comes to defensive domain name registrations.
A “defensive registration” is when a brand registers a domain name solely to keep it out of the hands of cybersquatters or competitors.
When you look back at previous new TLDs you’ll find a number of large brands defensively registered their domains. But you’ll still find lots of brands that don’t bother to register .info, .biz, and other newer extensions.
When .tel came out, some companies that were aware of it didn’t bother to register. They didn’t think it was the end of the world if someone else nabbed the domain name.
With .Co there was a bit more concern because of its similarity to .com.
But .xxx scares them.
Law firms are emailing their clients (I received one such notice last night). The trademark press is constantly writing about it.
And if there’s one thing most brands don’t want to be associated with, it’s porn.
Thankfully, .xxx registry ICM Registry is providing an innovative way for these companies to defensively register their domains. It’s more of a “non-registration” that will block the domain from being registered by another party.
So let’s say Verizon is worried about someone registering Verizon.xxx. It doesn’t have to register the domain annually for itself; it can pay a one time fee to block it for as long as ICM runs the .xxx registry.
This fee is expected to be about $200-$300 at the retail level.
But brands will have only 30 days to take advantage of this blocking offer, so they should educate themselves quickly.
Given the press’ inclination to write about .xxx, I think ICM Registry is going to get a lot of these defensive registrations.
That said, smaller brands probably don’t need to worry unless they have enemies. At about $75 per year for registration, .xxx cybersquatters will have to limit their activities.
It will also be interesting to see how much certain brands are willing to pay to prevent registrations in other controversial top level domain names possibly on the horizon, including .sex and .porn.
© DomainNameWire.com 2011.
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Companies can get premium domains if they host “meaningful content” on them.
As ICANN gets closer and closer to approving the .xxx top level domain name, ICM Registry is gearing up by launching its Founders Program.
Modeled after similar programs from other registries, the .XXX Founders Program allows qualified companies to get premium domain names if they agree to develop and promote them. The idea is to get actual web sites using the top level domain name to help ensure its success. (Founders must place “meaningful content” on the sites. I wonder what that means in the adult world.)
In addition to getting premium .xxx domain(s), founders will also get domain names that match the founder’s existing adult domain name portfolio without going through Sunrise or Landrush. Presumably this means the .xxx equivalent of .com’s.
This places some of the domain’s opponents in an interesting position. They can continue fighting the inevitable, or try to be a “founder” to secure their brands. Jumping from opponent to proponent might be tough to swallow, but might also be a smart move.
© DomainNameWire.com 2010.
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by Kevin Murphy
Trademark holders are to get new rights if and when the porn-only .xxx domain launches.
ICM Registry, which hopes to get its .xxx application approved by ICANN this week, plans to have not one but three sunrise periods when it opens up next year.
The first period would allow owners of porn-related trademarks to claim their .xxx domain names and use them as normal, ICM representatives said here at ICANN’s public meeting in Cartagena, Colombia.
But the second would enable non-porn companies that don’t want their brands associated with adult material to basically “turn off” their trademarks in .xxx domains, paying a one-time fee.
Disney, for example, would be able to make sure that disney.xxx is permanently blocked from registration. The domain would not resolve, not even to forward to disney.com, and the company wouldn’t have to pay recurring annual registration fees.
It does not appear that ICM’s plans would prevent cybersquatters registering domains such as disneyporn.xxx, but high .xxx registration fees will likely make this less of a problem for trademark holders.
The third proposed sunrise would allow owners of non-trademarked porn domains in other TLDs, such as .com, to get their equivalent .xxx using an automated Whois check.
The process is being handled by Valideus, a British IP consultancy.
© DomainNameWire.com 2010.
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This time both sides of debate make use of “form” comments.
The comment period for “Revised Proposed Registry Agreement for .XXX sTLD and Due Diligence Documentation” at ICANN ends Thursday. Much like last time, there are hundreds of comments submitted through online forms that basically says the same thing.
But this time .xxx backer ICM Registry has decided two can play at that game. The company has added a form to its web site at icmregistry.com/forms.
This has prompted one commentor, who goes by the name Naughty Traffic, to cry afoul:
SCAM BOGUS POSTS: “Please approve the .XXX Registry Agreement”
Any post with ICM’s form mail titled: “Please approve the .XXX Registry
Agreement” should be discounted.
Sure, Mr. Naughty. We can discount those. But then we should also discount the many form letters with the headline “I run adult websites and I do NOT want the .xxx tld!”
Not surprisingly, few of the comments actually address the material for which ICANN is requesting comments.
© DomainNameWire.com 2010.
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ICM responds to Free Speech Coalition.
ICM Registry CEO Stuart Lawley has lashed back at Free Speech Coalition for its latest attempt to delay or kill .xxx.
In a letter to ICANN Chairman of the Board Peter Dengate-Thrush, Lawley refutes many of Free Speech Coalition’s (FSC) claims. Lawley says FSC’s claims have long been addressed. He also points out that FSC does not represent the entire adult entertainment industry and is U.S. centric:
…while the Free Speech Coalition is respected as a tireless supporter of First Amendment rights in the United States, it is not and has never been “the” trade association for the global adult entertainment industry. The Board is well aware of this, as it was a topic of discussion between Dr. Twomey and Ms. Duke in the public forum in Lisbon in 2007.
Lawley also reminds Dengate-Thrush that the definition of the sponsored community for .xxx hasn’t change and does not necessarily include the entire online porn industry:
In that application and in all subsequent materials, the sponsored community for .XXX has been consistently defined as online adult entertainment providers and service providers who have voluntarily determined that a system of self-identification would be beneficial and who have come together to develop and to comply with industry best practices.
He also disclosed that only 6,435 out of a total of 179,630 pre-registrations for .xxx have been labeled as “defensive” by the applicants.
© DomainNameWire.com 2010.
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.XXX gets the yellow light at board meeting.
The ICANN Board adopted a resolution yesterday that will allow ICM Registry’s application for .xxx to move forward. But it may not be a quick process, and a new can of worms will be opened allowing for another comment period on the actual registry contract. Here’s the resolution that was adopted:
Whereas, ICANN’s General Counsel has completed the expedited due diligence regarding ICM Registry, as directed by the Board, and has concluded that ICM has represented that its Application for the .XXX sTLD is still current and that there have been no negative changes in ICM’s qualifications.
Whereas, ICANN Staff is in consultation with ICM on a new proposed registry agreement for the .XXX sTLD and expects to receive a finalized proposal from ICM.
RESOLVED (2010.08.05.21), upon receipt of ICM’s application documentation, ICANN Staff is authorized to post ICM’s supporting documents and proposed registry agreement for the .XXX sTLD for public comment for a period of no less than 30 days.
RESOLVED (2010.08.05.22), upon completion of public comment period, ICANN Staff shall provide the Board with a summary of the public comments and shall make a recommendation to the Board as to whether the proposed registry agreement for the .XXX sTLD is consistent with GAC advice.
RESOLVED (2010.08.05.23), once the Board has received the above public comment summary and recommendation from the ICANN Staff regarding the proposed registry agreement for the .XXX sTLD, the Board shall at its next possible meeting, consider this recommendation, and determine, consistent with the ICANN Bylaws, whether a GAC consultation shall be required.
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Stuart Lawley talks about the future of his TLD.
ICM Registry founder Stuart Lawley just got back from a successful ICANN meeting in Brussels. In this Q&A, Lawley answers some common questions about the .xxx top level domain name. He also reveals that the company has received 30,000 pre-reservations for the domain since the news broke last Friday that .xxx is on path for final approval.
DNW: Given the process you still need to complete before launching .xxx, when do you think we’ll be able to register and start using .xxx domains?
Lawley: Q1 2011
DNW: One issue trademark interests have with all new top level domains is feeling like they have to pay for defensive registrations to protect their brands. This could be especially important for .xxx, since most brands don’t want to be associated with adult content. You have a unique way for trademark holders to effectively “block” the registration of their name in .xxx. How will this work?
Lawley: This is laid out in Appendix S of the draft contract but basically, non members of the Sponsored Community will be given the chance during the Launch period to protect their trademarks for a low fee to apply to have their trademarks permanently removed from being registered. We will administer this in conjunction with one of the trademark validation specialist services that have popped up recently and we spoke with a couple of them at the ICANN meeting in Brussels . There will be an appeals process and, of course, our sponsored community members will have priority of non-community members in registering good faith bona fide trademarks
DNW: You’ve accepted pre-registrations for .xxx for some time. How many pre-registrations do you have now, and how many of those were made over the past 12 months? Is it mandatory for those that pre-registered to follow through? In other words, do you think most of these pre-regs will turn into actual registrations?
Lawley: Pre-reservations are voluntary but, subject to our terms and conditions state, pre-reservants will be given priority, so yes we do expect most to follow through. We have, as of Sunday morning 142,626 such names with over 30,000 received since Friday. As you can appreciate this is a moving target and we will update the rapidly growing numbers via our blog.
DNW: Do you anticipate major registrars such as Go Daddy, Network Solutions, and eNom will offer .xxx as an option for their customers?
Lawley: Absolutely! We have spoken with ALL the leading registrars and many of them are forecasting selling hundreds of thousands each. Most registrars we have spoken to seem to indicate that 10-15% of their registrations are “Adult” , so this is one new TLD they are very keen to carry.
DNW: When new TLDs are finally released, do you think you’ll get competition from other adult domains, such as .sex or .porn?
We have always believed that the string .XXX is by far the best new TLD for the adult business. Any such other TLD’s are a VERY long way off and will be subject to challenges and delays as we were. In the new round (if and when it ever happens) there are hurdles and challenge mechanisms, that simply were not present in our round for such things as Morality and Public Order, which is still an unsettled overarching issue, confusingly similarity (.sex and .se anybody?). Any such competing string would be several years down the line by which time we hope to have established .xxx as the de-facto online location for adult entertainment .
DNW: Anything else you want to discuss?
Lawley: As a sponsored TLD we have plans, that we will announce over the coming months, that will provide, in our opinion, HUGE benefits for our sponsored community in terms of reduced payment processing rates, vastly reduced chargeback issues. In addition we will embark on a worldwide marketing campaign to educate the general population on the benefits .xxx brings. We expect registrants to enjoy greater traffic and more profitable and predictable recurring revenue streams. This will lead to .XXX being the preferred domain of choice for the adult industry once they see these benefits converting into hard dollars.
© DomainNameWire.com 2010.
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