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ICM (.XXX) Replies To Trademark Issue
http://www.xbiz.com/news/136453
"The seven-page report, disseminated today, made clear that "the planned operations of the registry are lawful, non-discriminatory and in accord with ICANN policies." The paper goes on to say that the ICM Registry can't be held liable for the registration of a domain name incorporating another party?s trademark." |
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Yeah, registrars have already gone through this fight.
Thing is, the lawyers know/knew this already. The press releases making the threats to sue, truly were nothing more than marketing/branding hype... and that is sad. |
the simple fact that they are holding TM's hostage for a fee shows they are operating differently than other registrars and are well aware that the majority of registrations are going to be violating trademarks.
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The fact that they offer the trademark protection service for a fee means they are capable of protecting trademarks once they are aware of them.
I think ICM has real liabilities on this. |
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Such bullshit. This is extortion, plain and simple. |
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So either way ICM is up against a wall. Do you really think anyone in their right mind is going to do anything with hustler.xxx other than hustler? So the end game will be that ICM loses big time on a shit load of trademarked domain names which will never be bought and/or used. |
I read the whole 6 pages and a paragraph. They really could have shortened it down to this
http://www.neezer.com/graphics/nanner.gif Personally, speaking for myself, that is how it came across "nanner nanner, you can't touch me!" |
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:2 cents: |
i'm still saying the problem is not hustler.xxx - no one in his right mind will register that domain. and if so, it will be an easy deal for Hustlers lawyers.
the problem are domains that you put in loads of work to get them to the top - let's say bigboobs.com - and that you cannot trademark. as the owner of bigboobs.com you might feel the pressure to get the .xxx and in the worst case it can cost you a lot of money if you need to go into auction against someone who might own bigboobs.co.uk - even though that one has no relevance outside the UK |
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this is the issue you seem to love to avoid. No one is going to pay ICM money for a useless domain, and so once again ICM is left holding the bag on thousands of trademarked domains. |
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Like I've said in every .xxx thread before: I am against the .xxx tld. |
I did not know GoDaddy or any other registrar offered an out like ICM is.
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2) They put in place a system to a TM holders benefit - which is optional 3) They are not liable in any way shape or form for the actions of the domain registrant, for which domains are actually registered through them and how those domains are used. 4) There are no legal requirements for them to actively police domain registrants and the use of all domains registered through them to verify that such use does not violate any laws, anywhere, worldwide. 5) As far as i know, the only time they can get into trouble is when they are benefiting from TM domains by parking them, redirecting traffic etc where they are then benefiting monetarily from the infringing domain. Not liking ICM Registry is not liking gravity. Its here. .xxx is here. It's a fact of life. In the future .sex, .love, .chat, .porn, .fuck etc etc etc etc etc will be here too. So what? Big fucking deal. Focus on making money. |
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for the last time, the very last time, there is no point in buying a trademarked domain if you are not the trademark holder. Hustler has already said they wouldn't do anything with hustler.xxx, they simply don't want anyone else to use it, so if some idiot buys hustler.xxx and sits on it, what's the point? the point would be that they are complete morons who want to A)buy a domain and spend hundreds, maybe thousands on it to do absolutely nothing with it. and B)face the wrath of Hustler, who, regardless of any trademark/domain precedent set will take Joe Blow to court and make his life miserable even if they do end up losing. And ya know why? They have big pockets with legal ammo to spare. Joe Blow does not. So in the end ICM will lose untold millions on unbought trademarked domain names because only a fool would spend $$$ to buy something he will never be able to use or profit from. and lastly as squealer just squealed, you have .porn, .fuck. .adult coming around the corner, so .xxx will just be another lame ass extension that some idiots invested 25 million in. |
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The ICM is just like Netfirms. They both sell subdomains. Netfirms sells them under their domain, netfirms.com. The ICM Registry sells them under their top level domain, .xxx. Quote:
Until then I'll keep expressing my anti-.xxx point of view in every thread about the ICM Registry because the ICM Registry has already shown that they'll (ab)use anything that isn't totally against them as a sign of support. |
Correct me if I'm wrong...but to protect my trademark, all I really need to do is get in touch with the registrar and have the domain handed over to me. No need to sue anybody. It's the dumbass that buys the domain name in the first place who loses the domain.
We used to do that all the time when idiots would buy one of our trademarked domains on another extension. It was always just an email and it was done. Have things now changed? I don't see how it can be any different. That's what a registered trademark is for. |
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That's all fine and good. That has nothing to do with paying them to block the registration of TM domains. You are really reaching to try to make a point. At the end of the day, its 100% fact that a domain registrar has zero liability for domains that are registered, the intent of the registrant, how those domains are eventually used and so on. They offer a service. If people don't want/need the service, people have no obligation to use it. A TM domain would be handled just as it is anywhere else. Lawyers send a menacing letter demanding the domain be turned over or they will be sued. That is no different than any other domain today. One single extension out of what?... 150? Why does it matter to anyone what ICM policies are? Is anyone getting their panties in a twist when someone registers mysexsite.lv? At the end of the day, Manwin is simply cleaning up their image by pretending to take a popular stance. I didn't read their case, but it can't be based solely on ICM Registry "allowing" the registration of TM Domains because a registrar has no liability. |
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when .adult, .fuck and .whateverthefuck come along it will render .xxx useless as a potential mandatory tld so....sorry jesus but any money you might have invested was pretty much wasted. okay, in reality it could never have been a mandatory tld anyways but i do like the fact that these other extensions coming up will render it irrelevant. and that is 25 million right on down the drain :1orglaugh |
fuck .xxx
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How you do put sex.com, sex.net, sex.org, sex.nu, sex.lv, sex.es etc etc etc etc etc etc on sex.xxx? Answer... you can't. How do you enforce such a thing without stomping all over the IP rights of people all over the planet? Answer... you can't. The whole "making it mandatory" thing was just a smokescreen to satisfy ICAAN requirements to demonstrate a need and support for the creation of a new TLD. it was NEVER a practical or reasonable idea or intended to become mandatory... but it worked. |
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Laws are made by politicians who listens to lobbyists with big checkbooks. In the past 2 senators have already introduced legislation to make .xxx mandatory. |
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I have never opened a case with ICAAN but have been on the receiving end when two very large adult companies came after me for domains, both cases I won and didn't cost me a penny. The companies who held the trademark had to pay ICAAN and their lawyers. With that said I didn't go and buy the exact name, it wasn't far off and did include their name in the url. |
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:2 cents: |
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The threat or an actual civil suit is far more effective to protect a registered trademark where there is the added bonus/threat of statutory damages and legal costs. It depends on the situation of course, how deep everyone's pockets are, how determined each party is to fight to the end and so on. :2 cents: |
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Are they likely to succeed? no. Should we sit back, relax and do nothing? hell no. |
haha.. looks like muscle magazine finally bought musclemagazine.com from him but they did take it to the WIPO and lost.
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It really does't matter. No one has demonstrated how making this mandatory is even remotely possible. ANYONE can see at a glance that you can't put 150 domains on 150 different tlds, owned by citizens of 150 different countries on one domain. Obviously the USA cannot enforce this anywhere (but i'm sure there are no shortage of conspiracy theories). Obviously, it can't be done and protect everyone's IP rights world wide. All the lies and deceit were to get to where they are today. To demonstrate both a need for the new .xxx tld and support. It was always just a smoke screen to get a new tld approved because otherwise, it wouldn't/couldn't have been approved by ICAAN. |
Because ICM wrote the script, and says "we can do anything we want and no one can sue us," then ofcourse thats the end of it, right? Balls! If that was the case, no one would be held liable for anything in this country.
Heres why .XXX's shake down will not hold up in court, regardless of what bullshit they put in the fine print. For the fact they're trying to extort legitimate businesses with no affiliation to pornography. They're saying, "either pay us, or we'll put erect dicks and hairy assholes using your trademark on our .XXX tld". What court in the United States is going to allow a pornographer to do this, to a non pornographic company? .XXX lobby is trying to scare us into buying these worthless domains. Thats why those pro .XXX articles and news videos keep saying, "just pay the fee, its in your best interest". Remember, .XXX's goal is to "organize, monopolize and legitimise", all pornography on the internet, while kicking the majority of us out of the business. Theres going to be more intimidating and scare tactics to get us to buy the garbage their selling. Launch date sales are very important for .XXX. Just wait em out, after a year or 2 after the .XXX release date, you'l have saved countless thousands of dollars and realized how full of shit .XXX was from the beginning. |
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i will support .xxx for big cash :)))))
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ok but after all of that, is it going to be launch somedays or will be delay again and again ? Which I hope ..
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But then again, we never went after "close" names or typos. We went after the EXACT domain name being used with a different extension for the same exact purpose. And that would be what I will do if anyone bothers going after my trademarks in .xxx I could give a shit about typos and being "close". I'm talking about the exact domain name being used for the exact same purpose with a different extension. |
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The only thing I did was post a story from Xbiz and of course you had to come in with your same lame argument which I had to once again trounce which then sent you into a tizzy. I suspect your frustration has something to do with that guy who recently rode his bike on water. But don't worry we know you accomplished that feat first;) |
Good Jesus good...let your butthurt flow like a river :1orglaugh
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Summary:
1. Sure, you can sue ICM because some jerk registered a name with your mark. You can sue anyone for almost any reason! 2. You will lose. |
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50 anti-.xxx posts
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Liability for infringement, no, but making a business model out of trademark "protection"?
Imagine soon, when anyone can register extensions for a big one time fee and smaller yearly fees. Then they can all open up for domain registrations and meanwhile run the same pay-up business model. Trademarks are already protected and it shouldn't be (is it?) legal for others to make further business out of that (except for laywers, lol). It should be blocked across ALL existing and upcoming extensions. For free. |
Thank you for clicking! Your click gave the value of
.6 bowls of food for rescued animals. This can't be true dude. |
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Last thing I remember trademark law and copyright law are the law.. Regardless of anything else. If you send them a DMCA or a C&D for having someone register your trade mark.. Since they ultimately control it.. just like a web hosting company in a DMCA complaint they will be held liable for compyright infringement.
Registrars are not above the law, they operate below it.. And theres no law that excludes them. |
After ICANN opened up the field, is it as big an issue, what happens when .porn comes out?
Probably everyone will keep using .com's |
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