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How to protect your trademark in .xxx

ICM Registry today revealed the details of its policies for trademark holders that want to defensively register or block their .xxx domain names.

The company plans to kick off its sunrise period in early September. It will last 30 days, and will be followed a few weeks later by a 14-day landrush.

The date for general availability has not been set in stone, but is likely to be in early December.

Two sunrise periods will run concurrently. Sunrise A is for the adult entertainment industry, those who want to actually set up porn sites at .xxx domains. Sunrise B is for everyone else.

ICM is trying something new with .xxx, in response to non-porn brands that are worried about cybersquatting and also don’t want to actually own a .xxx domain name.

Under Sunrise B, non-porn trademark owners can pay a one-time fee to have their brand essentially turned off in .xxx.

These domains will all resolve to a standard placeholder page, informing visitors that the domain has been blocked.

Because the domains resolve, they will usually not be picked up by any ISP system whereby non-existent domains show advertisements instead of an error message.

The fees we’ve seen so far from registrars for this service range from $299 to $648, but ICM seems to think $200 to $300 is more realistic.

The blocks are expected to last forever, but because ICM’s registry agreement with ICANN only lasts for 10 years, it can only guarantee the blocks for that amount of time.

So while it looks like a $30 to $65 annual fee, over the lifetime of the TLD it may well steadily approach a negligible sum, if you’re thinking super-long-term.

To qualify for Sunrise B, you need a nationally registered trademark for the exact string you want to block. To use an example, Lego could block lego.xxx, but not legoporn.xxx.

ICM is currently planning a post-launch block service for brands that emerge in future, but it probably won’t have the flat one-time pricing structure, due to the registry’s own annual per-domain fees.

If you’re in the porn business, Sunrise A allows you to claim your brand if you have a trademark that is registered with a national effect.

It will also enable the “grandfathering” of porn sites in other TLDs that do not have a registered trademark. If you own example.com or example.co.uk, you’d qualify for example.xxx.

Lego could, for example, register legoporn.xxx using Sunrise A, because it already owns legoporn.com, but only if it actually intended to publish Lego-based pornography.

If it were to register legoporn.xxx in this way, and use it for non-porn purposes, it would be at risk of losing the domain under ICM’s planned Charter Eligibility Dispute Resolution Policy (CEDRP).

In the event that a Sunrise A applicant and a Sunrise B applicant both apply for the same string, the Sunrise A (porn) applicant will be given the option to withdraw their application.

If they don’t withdraw, they will be able to register the domain, trumping their non-porn rival.

Two Sunrise A applicants gunning for the same .xxx domain will have to fight it out at auction.

It’s probably worth mentioning, because many cybersquatters seem to think it’s a .com-only deal, that the UDRP does of course also apply to .xxx domain names.

If you own, for example, the string “virgin” in another TLD, and use it for a porn site, you will actually be able to use it in Sunrise A to secure virgin.xxx, but you risk losing it to Virgin in a UDRP.

If you’ve “pre-registered” a domain with ICM already, it doesn’t seem that you’ll have any notable advantages during sunrise or landrush.

The registry plans to email these pre-registrants soon with instructions. More info on the new ICM site: XXXempt.com.

The sunrise policies were devised by IPRota.

Short .tel domains coming June 1

Kevin Murphy, March 31, 2011, Domain Registries

Telnic, the .tel registry, is to start selling short and numeric .tel domain names from June 1.

The company announced today that two-character and numeric-only .tel domains will first be subject to a premium-price landrush, followed by general availability from June 14.

It’s the first time you’ll be able to register domains containing only numerals, but you won’t be able to register anything with more than seven digits, including hyphens.

This would presumably rule out phone numbers including area codes in most if not all places.

All two-letter strings that correspond to existing country-code top-level domains are also reserved, as are all one-letter strings, whether they be numeric or alphabetic.

The release follows Telnic’s moderately controversial request to ICANN to liberalize its registration policies, which I previously covered here and here.

.SO extends sunrise, delays landrush

Kevin Murphy, November 30, 2010, Domain Registries

.SO Registry, the company behind the newly launched Somalian top-level domain, has added an extra month to its sunrise period and delayed its landrush accordingly.

The trademark-holders-only sunrise was due to run for the month of November. Instead, it will now end December 31.

The registry said on Thursday that the changes were made “due to the high demand” for sunrise registrations.

The landrush, which will be open to all, is now scheduled to launch January 11.

.SO Registry copies .co launch policies

Kevin Murphy, September 20, 2010, Domain Registries

Somalia’s .SO Registry, which hopes to mimic a little of the success of .co when it starts accepting registrations in November, has adopted virtually identical launch policies.

The registry’s policy document (pdf), which appeared on its web site last week, does in fact appear to copy large chunks of text wholesale from .CO Internet’s equivalent paper (pdf).

(UPDATE: I’ve reason to believe this is because both documents share an author/editor)

For this reason, you can pretty much expect the same policies regarding the sunrise, landrush and general availability phases of the launch, which kicks off November 1.

It also means that .so domain names will be subject to the UDRP. The registry has evidently partnered with WIPO to administer these proceedings.

There are some differences between .co and .so, however.

Notably, .SO Registry has added a policy of allowing sunrise registrations for trademark typos, provided that the typo under another TLD has been won at UDRP or in court.

This basically appears to open the doors for any company that has won a .com domain in a UDRP case to register the equivalent .so, no matter how lunatic the UDRP decision was.

This is how the document describes the exception to the trademarks-only rule:

the Domain Name must be identical to a domain name which has been recovered by the Applicant or its authorized licensee in the context of a court, UDRP or other alternative dispute resolution procedure relating to that domain name in another top-level domain.

It’s followed by a comment, one of several apparently made by one of the document’s editors, that probably shouldn’t have been published on a public web site:

Comment Bart: we need to look at the allocation model here (rather hypothetical, but you never know): will they also go into auction if there are two applicants for the same domain name: one having the identical mark, and the other having the variant?)

Other differences include the fact that, unlike their Columbian counterparts, Somalians do not appear to get any special privileges, such as grandfathering or a priority sunrise phase.

There also does not to be a provision for a Specially Protected Marks list like the one .CO Internet used.

The registry’s policies will be governed by the laws of Japan, rather than Somalia (which, let’s face it, doesn’t have much in the way of a functional legal infrastructure).

.SO’s back-end is being handled by GMO Registry, the Japanese company that plans to apply for .shop and is working with Canon on its proposed .canon application.

I’ve previously reported on the roll-out time-line and pricing for the .so domain, here.

.CO fastest-growing new TLD in years

Kevin Murphy, September 15, 2010, Domain Registries

.CO Internet today announced that it has taken over 500,000 .co domain name registrations in the less than two months since the names went into general availability.

By my reckoning, that makes .co the fastest-growing new TLD launch since .eu, back in 2006. EurID managed to take 1,691,069 .eu registrations in its first month of availability, a hard act to follow.

But .co easily beats .mobi, which took about eight months to reach the 500,000 registrations landmark after it launched in September 2005.

Fellow 2005-round launch DotAsia never (or has yet to) hit the 500k mark. It peaked at 245,196 in March 2009 and has been on the slide ever since, according to HosterStats.com.

If you go back as far as the 2000 round, you’ll find Afilias’ .info TLD took almost three months to hit 500,000 names. Three months after that, it had added another quarter-million.

But it only took Neustar (then Neulevel) a measly 30 days to pass the same milestone with .biz. Ten years on, it has over two million names on its books.