ICM Registry / Go Daddy - .XXX - Denied My Trademark!

[A D]

Today I received this from Go Daddy,

=================================================================

We are contacting you regarding your application for the domain name: DNFORUM.XXX

Unfortunately, we have been informed that your application has been determined to be invalid. Please be aware that the application fee is non-refundable.

Validation determinations are made by a third-party service on behalf of ICM Registry, the registry for .XXX domain names. Although Go Daddy was not involved in the decision making process, we have been been advised as to some of the most common reasons for application rejections. Applications may fail because:

1. The trademark provided is not an exact match to the domain name sought
2. The trademark provided is not a national mark
3. The trademark is not registered; it is still in application status or registered prior to September 1, 2011

If your application failed for one of these reasons you may want to consider other registration options. You can also refer to the FAQs page for .XXX pre-registrations.

http://www.godaddy.com/tlds/xxx-domain.aspx?tld=xxx&ci=51450

D18681-XXX


Thank you,
GoDaddy.com, Inc.
Domain Services

=====================================================================

View attachment 06-12-2011 9-17-15 AM.jpg

What part of this do they not understand? This was sent to Go Daddy with the application.

I obviously have rights to use dnforum as a trademark.

And the fee is non-refundable is outragous.

Adam Dicker

 

[Mark Talbot]

Trademark, copyright, and patent law is just so screwed up anymore.

But it sure provides a nice revenue stream that doesnt cost them (like godaddy) anything.

 

[Anthony Ng]

Corect me, but they are probably only taking registerED mark, when DNFORUM is still in the process of "being registered" as of SEP 1. Your mark is published on NOV 1, and has a 30 day "opposition" period. More like a procedural thingy, if you ask me.

 

[A D]

Corect me, but they are probably only taking registerED mark, when DNFORUM is still in the process of "being registered" as of SEP 1. Your mark is published on NOV 1, and has a 30 day "opposition" period. More like a
procedural thingy, if you ask me.

I see that but do they really think that today, when they sent the letter, that anyone can own this domain but me?

I doubt it.

Adam

 

[Zoobar]

...

I don't think you will be able to register it when they open today.

DNForum - Reserved by ICM Registry

 

[DomainsInc]

They are super shady. From what I've read, if your trademark is dnforum.com, then you can get dnforumcom.xxx not dnforum.xxx. You should of applied to sunrise b where people who own other extentions can apply for the .xxx. Although, of course, you shouldn't of had to.

 

[DN BROKER]

why did you pay the non refundable fee? no one would be that stupid to reg the xxx of your domain, i would have just register it for today.

 

[A D]

why did you pay the non refundable fee? no one would be that stupid to reg the xxx of your domain, i would have just register it for today.

You would be surprised at what people would do.

Adam

 

[DN BROKER]

You would be surprised at what people would do.

Adam

Call godaddy and give them shit, hope all works out.

 

[Gerry]

3. The trademark is not registered; it is still in application status or registered prior to September 1, 2011

This makes no sense whatsoever.

Are you telling me that if Apple applied for Apple.xxx it would be denied because their TM was registered prior to September 1, 2011?

That is absurd! The whole point of a TM is for the benefit of the brand and protection of the brand. In a matter like this, date SHOULD NOT MATTER because to me, and perhaps any legal person, it appears that the made rush to TM a name or phrase is clearly an issue of "in bad faith". The tie-in here would be that if I applied for the TM Apple and was rewarded that TM, does the governing body of .xxx believe that I am the rightful owner of the TM Apple.xxx based purely on the TM date? Their rules seem to circumvent the legalities of TM usage based solely on a date.

So, it TM's are based solely on a date and someone applies for and is awarded the domain name because they fit the TM and date criteria, does the owner automatically think they have the rights to use the word Apple in any manner they please? Set up a porn site on Apple.xxx with streaming videos?

How can anyone (the registry) be so stupid! How can domainers be so stupid? With all the complaints by the ANA and other advertising/marketing associations on "brand protection", ie...regging names as a defensive registration to protect the brand...this is a clear cut case of why brands fell this is necessary. More importantly, this is (in my opinion) an automatic win for all the major brands in a WIPO decision or a court of law.

No way would such a registration as Apple.xxx win in any matter. It would never survive the "registered in bad faith" clause as the date of the TM (post 9-1-11) would indicate the latter TM was applied for solely for the purpose of gaining the brand in the .xxx. Plus, when applying for a TM, the applicant has to explain why the use and how it is to be used. If there are any indications of any similarities between actual Apple Brand Products and services (streaming TV, Streaming Videos, Capable of playing on PC, Laptop, Smartphone, Tablet)...all of those are actual services and products sold by Apple. Therefore, the second FAIL for the owner is the "confusingly similar" clause.

I use Apple solely as a representation of a legitimate brand.

Seriouisly, I can not believe that ICANN is so stupid to allow such criteria. I can not believe that the .xxx registry is as moronic as this. If there was a cause for a registry to be shut down, this would be it...their criteria placed (according to Adam's letter) is enough for any attorney general to attack the registry for "gaming the system". And I can not believe that any domainer would be so stupid to register brand + .xxx to solely game the system.

But there will be a crowd of domainers who will register brand + .xxx and be given this false sense of security and free from litigation. Litigation will happen (in similar instances as I have pointed out). Yet that domainer will steadfastly claim he has the legitimate TM for the brand + .xxx and argue that as the TM holder they can do anything they want with it.

This is a money grab, this is the most poorly handled instance of new reg releases, and this one extension and the stupidity of domainers will cause domainers to suffer the consequences when judgements are made in favor of the brand and against the domain owner.

Folks, this is has STUPID written all over it if domainers think they can get away with registering brand + .xxx and feel they are safe from conflict. Corporate attorneys are going to have a field day over this. States Attorney Generals will have a field day with this. Just wait until some parents' groups or anti-porn advocates get a hold of this.

After reading Adam's letter, please don't think that you can game the system. The end result is a lose/lose/lose for those that do register such crap.

---------- Post added at 11:50 AM ---------- Previous post was at 11:43 AM ----------

...do they really think that today, when they sent the letter, that anyone can own this domain but me?

Apparently they do. They do feel they can circumvent laws or create a false sense of security of the suckers out there to reg a brand + .xxx.

These are the most absurd guidelines I have ever seen and make no sense whatsoever.

To use your name, as an example...what right would I have (over you) to apply for the TM now, post 9-1-11, to be awarded the TM, and eventually the .xxx extension simply because of that date.

What kind of defense would I have in regards to "registered in bad faith" and "confusingly similar"? Would my sole defense be because I registered the TM after September 1, 2011??? Because the registry is sure as hell providing a false sense of being safe against litigation.

This is bad, bad, bad for domainers and the domain industry.

There are going to be a lot of pissed off domainers when they have their domains seized in WIPO or courts.

---------- Post added at 11:54 AM ---------- Previous post was at 11:50 AM ----------

Corect me, but they are probably only taking registerED mark, when DNFORUM is still in the process of "being registered" as of SEP 1. Your mark is published on NOV 1, and has a 30 day "opposition" period. More like a procedural thingy, if you ask me.

Nearly every TM applied for that I have dealt with will take a minimum of 2-4 weeks to be reviewed by an USPTO attorney. And, you are correct - there is a 30 day posted for opposition period.

The requirements of being applied for or registered after September 1 barely makes today's date a doable time frame. I would say that minimally, and if you are lucky, you need to allocate 60-90 days from application to approval.

 

[Melly]

They are wankers.

 

[rngrdanny22]

Would it make any difference that your trademark is specifically for "DNForum.com", instead of "DNForum"?

 

[Cash Is King]

publish for opposition I believe is a minimum of 1 year

 

[A D]

They are super shady. From what I've read, if your trademark is dnforum.com, then you can get dnforumcom.xxx not dnforum.xxx. You should of applied to sunrise b where people who own other extentions can apply for the .xxx. Although, of course, you shouldn't of had to.

I did.

 

[DN BROKER]

Why is my two domains still pending? Is anyone else having the same issue?

 

[Eifwen]

I still have one Pending Application, one Pending Setup and one still in Pre-Registration. I have couple that are active now.

 

[A D]

So in a weird twist they gave me dnf.xxx but not dnforum.xxx yet.

Adam

 

[jaydub]

So are we expecting the XXX rated version of DNF? :cheesy:

 

[silentg]

Are they going to auction it off?

 

[Vincent]

Why would you want dnforum.xxx, Adam? If people use dnforum.xxx as a porn site, it only makes your forum more popular than hurts it. Would anyone think dnforum.xxx have anything to do with dnforum.com? All members of dnf are smart enough to know what dnforum.com is. Even if someone else use dnforum.co, or .mo, .whatever, I doubt if it will have any effect on this forum. Reason, dnf is a serious forum, for serious domainers. Everyone knows who you are and what you and your forum represents. I'd just kick back, relax, and focus on something else. Something more important. Something that makes your tons more of money. Or Something that helps more domainers making money.

I'm not an expert, so I'm just speaking from how I see it. I may be naive in thinking so, so I'd like to hear what others are thinking.