Your trademark associated with porn?

Until October 28, 2011 you can still block your trademarks to prevent abuse in new .xxx domain names!

On September 7, 2011 the first phase has started to apply for .xxx domain names. The .xxx extension is for websites with an erotic and / or pornographic content. The .xxx extension is intended to provide a certain level of responsibility and safety linked to the content of these domains.

Blockade

If you do not want anything to do and want no association with this industry, you will not like seeing your own trademark come back in a domain with a .xxx extension. As proprietor you can protect your registered trademark by blocking .xxx domain names with your brand or brands. This can be done from 7 September to 28 October 2011.

For a period of 10 years you can prevent your trademarks to be used in a .xxx domain against a lump sum.

The blockade can be obtained on the basis of a registered word mark or under certain conditions also on the basis of a combined word/device mark (logos).

Procedures

This new development will undoubtedly lead to problems, e.g. if in the current "Sunrise Period" a domain name is applied for whilst a blockade is requested in the same period. In that case the applicant shall have the opportunity to withdraw the application. If not, then the proprietor can start a procedure.

Incidentally, you can now - or soon after the award of the domain name - in principle present your case to the ordinary courts or the arbitrators through the arbitration procedure, and not just based on your trademark rights. But then you will have to undo the factual situation. So better take precautions now! This may avoid trouble and expense later.

This is also a good reason to review your trademark portfolio and whenever necessary register additional trademarks.

Your company name in an extension (TLD) is approaching

The coming period will be restless in the area of ​​the TLDs (Top Level Domains). Not just because of the .xxx extension, but also the release of other extensions such as .yourcompanyname. Extensions like .canon and .hitachi seem to have been applied for already. We will inform you about these developments as well.

publicatiedatum: Monday, September 19, 2011