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.feedback regs Fox trademark to itself during sunrise

Kevin Murphy, November 12, 2015, 12:48:12 (UTC), Domain Registries

Top Level Spectrum, the new .feedback registry, has painted a second gigantic target on itself by registering to itself a .feedback domain matching one of the world’s largest media brands.

The company has registered fox.feedback and put up a web site soliciting comment on Fox Broadcasting Company.

This has happened whilst .feedback is still in its sunrise period.

The intellectual property community is, I gather, not particularly happy about the move.

The domain fox.feedback points to a web site that uses TLS’ standard feedback platform, enabling visitors to rate and comment on Fox.

The site has a footnote: “Disclaimer: This site is provided to facilitate free speech regarding fox. No direct endorsement or association should be conferred.”

Fox had no involvement with the registration, which Whois records show is registered to Top Level Spectrum itself.

Registry CEO Jay Westerdal said that the domain is one of the 100 “promotional” domains that new gTLD registries are allowed to set aside for their own use under the terms of their ICANN contracts.

Registries usually register names like “buy.example” or “go.example”, along with the names of early adopter anchor tenant registrants, using this mechanism.

I’m not aware of any case where a registry has consciously registered a famous brand, without permission, as part of its promotional allotment.

“The website is hosted automatically by the Feedback platform,” Westerdal said. “Fox Television Network has raised no concerns and has not applied for the domain during sunrise. We are testing out promotion of the TLD with the domain as per our ICANN contract.”

Fox may still be able to buy the domain during sunrise, he said.

“This is a Registry Operation name. During sunrise, If we receive an application from a sunrise-eligible rights holders during sunrise for a Registry Operations name we may release the name for registration,” he said.

Fox’s usual registrar is MarkMonitor. Matt Serlin, VP there, said in an email that the TLS move could be raised with ICANN Compliance:

I find it curious that this branded domain name would have been registered to the registry prior to the sunrise period which is restricted to the 100 registry promotional names. The fact that the domain is actually resolving to a live site soliciting feedback for The Fox Broadcasting Company is even more troubling. MarkMonitor may look to raise this to ICANN Compliance once the registry is able to confirm how this domain was registered seemingly outside of the required process.

The IP community originally fought the introduction of the 100-domain pre-sunrise exception, saying unscrupulous registries would use it to stop trademark owners registering their brands.

While there have been some grumblings about registries reserving dictionary terms that match trademarks, this may be the first case of a registry unambiguously targeting a brand.

Top Level Spectrum courted controversy with the trademark community last week when it told DI that it plans to sell 5,000-brand match domains to a third party company after .feedback goes into general availability in January.

Westerdal told us this is not “cybersquatting”, as the sites contain disclaimers and are there to facilitate free speech.

What do you think about this use of brands as “promotional” domains?

It’s indisputably pushing the envelope of what is acceptable, but is it fair? Should registries be allowed to do this?

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Comments (1)

  1. PDDRP says:

    Hello, my name is PDDRP and suggest to have a look at the ICANN website for more information: The Trademark PDDRP generally addresses a Registry Operator’s complicity in trademark infringement on the first or second level of a New gTLD. At least 30 days prior to filing a formal complaint, a rights holder must notify the Registry of the alleged infringing conduct and express a willingness to meet to resolve the issue.

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