Quote:
Originally Posted by DotXXX
I did some research to see if there was some way I could help you out, AdultKing. I've reviewed the files and believe that I know the name that you're referring to. Do you in fact have a registered trademark for that three letter string? If so, please provide the details and I'll see what I can do.
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It's a common law trademark, used on the masthead of a magazine before 1995, used on the Internet since 1995, registered as a domain in 1994. Nobody predates our use of that string in relation to adult entertainment prior to us. Nor was this string used for any adult site on the Internet before us. We were the first organization on the Internet to use that string in a domain related to adult content. We have constantly used that name as a brand for mail order adult goods in Australia since 1985.
Common Law trademarks are protected by Australian law in precisely the same way as registered trademarks, they are also protected by treaty under the Australian - US Fair Trade treaties.
However, the point of this matter is, always will be, that ICM Registry has shown bad faith by reserving so many common terms, even those which do not form dictionary words, some which form the basis of common law trademarks and those which through reservation for premium auction, constitute unfair advantage and unconscionable conduct on the part of ICM Registry.
One of the crucial aspects here is whether there is, or is not, a level playing field. ICM Registry did not reserve every combination of three letters, nor did it reserve every combination of three letters that could form a commonly used abbreviation of another word.
ICM Registry was informed of our interests in this domain prior to the conclusion of sunrise, from which we were locked out due to this reservation, it declined to be of assistance then despite being given the facts of the matter.
Rest assured, this domain will be aggressively pursued by us, win or lose we're going to be a thorn in the side of ICM Registry until it's released to us or permanently blocked from registration.