Phil Stott

Like Me? Follow Me.

Ahem! Well, on a serious note, you might have heard about the new adult industry orientated sponsored top-level domains (sTLD).

As part of this, the domain registry managing this sTLD, ICM Registry, are implementing a phased launch to allow those with Intellectual Property trademarks and domain names to either secure their .xxx equivalent domain or to place a block on their IP being used as an .xxx domain.

The people over at ICM Registry have produced a pretty reasonable flow chart to guide you through the process over at their launch page, http://www.icmregistry.com/launch/:

 

.xxx Registry Flowchart
(Click to open this image full screen in new window)

 

What Does This Mean For Your Business?

In essence it comes down to this:

If you are an adult industry wanting a .xxx domain, you can register a matching domain (.com, .net etc) as .xxx already, also manufacturers of adult products can register their trademarks now too.  This is known as Sunrise A.

If you, like most of us, are not involved in the adult industry, then you are probably looking at a Sunrise B block.  Here you can protect your domains and trademarks from becoming .xxx domains.

For example, a fictional Bob’s Widget Co making an aftermarket add-on product, Widget2000 with a site on the domain bobs-widgets.com, could secure bobs-widgets.xxx (their equivalent domain) and widget2000.xxx (a trademark) and this would prevent any other entity registering these as .xxx domains.

Also, the 10-year registration block is non-refundable and non-reversible.

This all sounds well and good, but there are often things to watch out for and this process is no different.

Importantly, it doesn’t count as a domain registration, so you can’t redirect visitors to the .xxx domains to your real sites elsewhere, not the end of the world, I guess.

The cost of the block is also quite high, as with a lot of sponsored domains; the blocks cost £125 for 10 years, about double what you can pick up a 10-year full registration of a .com domain.

Protecting Your Domain Name

I think it needs to be said that protecting domain names shouldn't be a concern for  local businesses.

Is someone really going to register your trademark as a domain name for up to £150 a year? Because this is what a full .xxx registrations appear to cost. Sony.xxx might be targeted but, locallawfirm.xxx? I hardly think so.  Brands such as Which? might want to protect their domain, as which.xxx can have some real-world value.

Also it has to be noted that the .xxx domain might not last...

With the adult entertainment industry’s trade association, the Free Speech Coalition, campaigning for a boycott of the .xxx sponsored TLD, any domain registration or block might be an extremely short lived investment.

I guess the adult entertainment is upset with a third party wanting to profit by charging disproportionately high fees for a domain.  This is magnified when the company has multiple domains, the adult site kink.com reportedly has about 10,000 domains and simple maths would show that it could cost them in the order of £1.5M to secure their .xxx related domains. I don’t think that it’s a profitable move for them, after all, they’re still likely to be kink.com instead of kink.xxx.

I hate to tell of impending doom, but I just can’t see mileage in this sTLD.

Other sTLD’s are about, but has anyone been to britishairways.aero? If you do, you’ll get a helpful redirect to britishairways.com.  So much for that sTLD too!

My suggestion is for businesses to:

  • secure branded domains in each of their territories (.uk, .fr, .de, et al.)
  • possibly think about some generic TLDs (such as .com, .net) as well
  • register both hyphenated and non-hyphenated domains if applicable
  • implement a redirect so people who use the wrong domain find where they want to go
  • just leave all the nonsense TLDs alone

And, whatever you do, please don’t spam register or squat on competitors domains, its just not clever and presents a poor underhand image of your business...

Tags: Domain Names

Discussion

Posted by Phil Hitchen on
From a legal point of view trade mark owners not in the adult industry can assert their word marks and apply to block a third party registering a XXX domain name which includes their own word mark with any “negative” results that may follow on.

Thereafter the second stage is a landrush period from 8th November to 25th November followed by a final stage of general availability from 6th December.

If you are in the adult entertainment industry or another adult industry then clearly it’s in your interests to apply for registration but if not then what’s the issue? Well you don’t need to apply to register a XXX domain yourself as that may have “negative” results for you but the viable alternative of applying to block third party registration means the XXX domain is not available or “reserved for use” for life of the domain.

The commercial advantage of the application to block is that for a relatively small one off fee you do not then have the time and cost of having to bring litigation or invoking the domain dispute resolution procedure post third party registration.

Phil Hitchen
Intellectual Property Solicitor
Ralli
Posted by Phil Stott on
Hi Phil,

Firstly, thanks for stopping by and reading my post!

Sure, you are correct an all accounts.
I was not bringing the legal side into this as I feel I am not qualified to do this. I am glad someone like you, who knows this field, has added this dimension to the page.

My point was to highlight the fact that a number of small legal practices may feel that they need to register blocks for their equivalent domain names.

But... should they need to?

I am not sure of the worth for small firms to register their names for blocking purposes.

For example, I'm not going to register my name as a .xxx block, as I do not think that it will be used as a .xxx domain, and I don't think it’s worth my money to do so.

Here I was questioning whether someone will even bother to register (a fictional) manchester-injury-solicitors.xxx to discredit a manchester-injury-solicitors.co.uk, considering its poor domain worth to any adult site. It’s not really keyword rich for pornographic uses!

People just do not squat on irrelevant domains.

If a competitor registered your corporate domain .xxx equivalent, how discrediting can it really be? People won't be fooled as the TLD is clearly evident.

All my experience of squatted domains revolves around misspellings and taking advantage of other TLDs, like catching .net and .com versions of .co.uk domains trying to steal customers away.



At the end of the day, if you are worried, then pay the blocking fee and relax.

If you want my interpretation, someone is extorting money out of the adult industry and also the less-informed businesses that fear the negative repercussions of a similar domain.


Thanks,

Phil Stott
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