Posts Tagged ‘godaddy’

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In the midst of the “sunrise period” before the .xxx domains open later this year schools have been registering .xxx domains at a steady clip. The schools claim this is a defensive measure, to prevent porn proprietors from libeling their good names. However, pursuant to Rule 34 (I ain’t talking ‘bout requests for production) I do not put it past universities that they may one day (today?) license or flat out use these domains to drum up money. To those who say that academia is above this sort of distasteful capitalism, I say, “college sports”. Universities are not above whoring out their students. Amateurism, anyone?

There has been quite a land run to register .xxx domains, but there are still many available options. A quick search reveals that, while is unavailable, is wide open! (Nyman – isn’t open, but is all yours! – thank you OSU alumni for inspiring me with your annoying emphasis on “The”).

As ably stated by Mark Malek in a previous article, it ain’t cheap to reserve and register a new domain trademark ($300-500), but there’s no question that the litigation it could take to wrestle your mark from an unscrupulous person would be in the thousands, perhaps in the tens of thousands of dollars. So, the universities, to whom $500 matters little, are doing their due diligence, whether as a defensive measure or a capital investment for a future business enterprise, and it’s not really fair to criticize them. The trademark system has seen far more egregious abuse.

So, what can we take with us as this newest, and raunchiest domain opens up? Who wins and who loses? Existing trademark holders, like colleges, have nothing to gain, so they can only stand to lose. Porn developers seem to be winners, but they have come out strongly opposed to the .xxx domain (they view it, perhaps accurately, as the ghetto-ization of the internet). The jury’s still out on them. Lawyers, like me, win in terms of more business opportunity, but only the shills are pleased when the legal system is abused. Most lawyers detest abuse of the system, and the .xxx domain cries out to be abused. Lawyers win a pyrrhic victory. The real winners here are the registrars, especially GoDaddy. They’ve convinced us that every domain needs to be cross-registered, even though Google usually knows the difference between legitimate sites and pretenders. This paranoia, engendered by the registrars, leads many to register names they wouldn’t necessarily care about, in the name of protecting their hard-earned trademark. The sad part is, I can’t advise against this! Its classic ounce of prevention, pound of cure rhetoric, but it amounts to insurance – and remember the axiom: buy as much as you can afford.


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By: Mark R. Malek

The .XXX registry is about to be launched and you have until this Friday, October 28, 2011, to take advantage of the “sunrise” period.  The sunrise period is a time frame when trademark owners can reserve their trademark, or block registration of their trademark, prior to the .XXX registry being launched.  Essentially, the doors to the .XXX registration store are being opened early.

To take advantage of the sunrise period, go to your domain name registrar and see if they are offering online forms for your use.  I, personally, am a fan of (not because of the Danica Patrick commercials – but I have to admit that they are not so tough to watch).  A list of the accredited registrars can be found here.  A good bit of information on the process for protecting your trademark prior to the .XXX landrush can be found here.

Remember – you only have until this Friday to ensure that this is taken care of.  What happens after Friday you ask?  Simple – there is an initial .XXX offering for those who satisfy the criteria for the “Adult Sponsored Community” that begins on November 8.  During that time, those who qualify for the “Adult Sponsored Community” can register the .XXX domains that may be left.  Everyone else has to wait until December.  You can pretty much guarantee that if you have a somewhat famous or otherwise recognizable trademark, it will likely be registered during the initial .XXX offering.

All is not lost if you do not reserve or block your trademark in time.  Many people associate the adult entertainment industry negatively.  Others, such as myself, would not really appreciate it if someone put anything up on any website that can be identified with my own trademark.  In other words, if someone went to TacticalIP.anything, and did not get directed to a blog that has to do with intellectual property law, and was written by the attorneys at Zies Widerman & Malek (or occasionally by our guest authors), I’d be somewhat upset.  Sure, it would upset me if someone went to a website that was associated with the TacticalIP trademark and was, instead, directed to adult oriented content, but worse than my feelings would be the damage that could be done to our trademark.

Therefore, trademark owners need to be aware of this period and be sure to protect their trademarks from unauthorized use by anyone.  Although the filing fees, and legal fees, can be between about $300 and $500 to take advantage of the sunrise period, those fees pale in comparison to the fees that would be associated with trying to wrestle your trademark away from a person who has registered it on the .XXX registry and  associated it with adult entertainment without your authorization.

For questions, please connect with me via LinkedIn, or send me an email me at





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