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There has been several posts about why we should not buy into the adult .XXX domain, but no one has yet mentioned what the implications could be if you do NOT buy the .XXX version of your domain.
I understand all the arguments against XXX and agree with them, but I worry about my own brand / Trademark and what might happen if I do not buy the XXX version.
Any thoughts?
I think your current trademark protects you. For instance, if I were to buy MrAdultAffiliate.net or MrAdultAffiliate.org, I think you could probably exert your trademark and copyright and claim the domains.
Also, as I understand it, one can’t just buy MrAdultAffiliate.xxx. You have to go through a vetting process. You can find a lot of that here:
icmregistry.com/online-responsibility/This paragraph is appropriate: “No registrant may register an abusive string in the sTLD including, without limitation, strings that infringe the intellectual property rights of a third party, including common law trademark rights; strings that are obvious variants of well-known trademarks not belonging to the registrant; first and last names of an individual other than the individual or his/her agent or names that suggest the presence of child pornography.”
So if one has to label MrAdultAffiliate.xxx before it can be approved, how could anyone but you register the domain. I could try, but as soon as they asked me to do all of the things in the vetting process, the registration should fail. I thought I read somewhere that in order to register MrAdultAffiliate.xxx you had to prove that you owned MrAdultAffiliate.com
Now I suppose I could register MrAdultAffiliate.xxx and put whatever I want up on the site and do what they ask, but again, in that case, your trademark should hold, no?
Here’s an interesting article on the subject:
lexology.com/library/detail.aspx?g=2ffcf039-c2e8-4e37-888c-0856348d4a7c
Yes, but they all then come down to defending your trademark and then ending up owning the XXX. Ownership would be either signed over to you or you would pay a fee to keep it unregistered. This is what confuse me.
I wonder, if perhaps they are simply trying to avoid being held liable for trademark infringements, by offering that one time fee? I mean, given how they are setting up, requiring all that vetting, wouldn’t they also become liable for trademark infringment, if they approved a site, that was a trademark name, like MrAdultAffiliate is? In which case, couldn’t you then include them in the suit, and as they have deep pockets, maybe actually get more than just a domain name transfer? IF they approved someone other than you, wouldn’t they hold some liability for the trademark infringement, given their so called vetting process?
Then too, wouldn’t some of the cyber squating laws apply as well, further adding them into the mix, by allowing it, after some bullshit vetting process?
Ain’t no lawyer, but maybe this one time fee is just a method for them to grab some money, before people realize that they actually can’t allow registration of trademarked names? Or using this ‘sunshine period’ as an attempt to cover their own asses?
Good point.
Here are two articles that specifically address your question: domainincite.com/4751-dont-rush-to-defensively-register-xxx-domains and newswire.xbiz.com/view.php?id=134172
They advise, “Don’t Rush to Defensively Register.xxx Domains” and “Hold Off on .xxx Defenisve Registrations.” Kevin Murphy, a domain expert, explains that Rapid Takedown is expected to be modeled on the Digital Millennium Copyright Act. It will use UDRP experts, but will only take 48 hours to suspend a domain name.” So, in other words, if someone uses your .com name to register a .xxx domain, you can have that domain suspended within 48 hours, at no cost to you.
Thank you very much, it’s exactly the information I needed.
