closed Looks like Sex.com is trying to use Sex.xxx in commerce...

[izopod]

If you are of age, go to Sex.com, down at the bottom, left hand side of the site. You'll see a Sex.xxx gif. This is the oldest trick in the book to "claim" first use to a particular name.

Very interesting to say the least. Curious if .XXX does see the light of day, how this might effect New.net. I personally don't feel that the new operators would include New.net registrants just because all the "good" xxx names have been taken. Also there are a lot of two character names taken which ICANN wouldn't allow...

(mods: Come to think of it you may want to move this thread to the Adult forum)

 

[Mr Webname]

Complaint received - link to porn site included in the post.
Please review recent decision concerning adult names/discussion.

Moved to adult discussion forum.

 

[izopod]

Originally posted by Mr Webname
Complaint received - link to porn site included in the post.
Please review recent decision concerning adult names/discussion.

Moved to adult discussion forum.

Actually there was no link, in the truest definition, and I posted immediately a message to the mods about moving the post (see above).

 

[FineE]

I can see why sex.com is concerned about a .xxx extension, they have the most to loose.

Can you TM sex.xxx for adult content? I doubt it is too generic. Nevertheless it is "interesting".

 

[izopod]

Originally posted by FineE


Can you TM sex.xxx for adult content? I doubt it is too generic. Nevertheless it is "interesting".

I'm not sure about TM'ing the word sex, but certainly previous sunrises like the dot info roll out come to mind where the one gentlemen was able to pick up Sex.info because the word "Sex" was used in his logo.

What I really find interesting about Sex.com putting Sex.xxx on their site is it's location. You think you want it out front, but what I am guessing they're doing is "hiding" it but maintaining "use" of the word in commerce... (.ie they don't want to tip anyone else off what they are doing).

 

[adoninet]

The mistakes companies have made with trying to TM domains before is they didn't give enough evidence of use, for instance, sex.com or even sex.xxx is a tough thing to TM unless you present the UPTO supporting use, more than a domain name

You show them t-shirts, mugs, maybe a calendar with a Sex.com "LOGO" and then you can get the thing TM'd pretty easily

Most of the decisions to not TM dom's in the past were due to lawyers applying for TM's for stuff like Law.com (not a real example but a similar example, since I don't remember the exact domain but it's close enough)

So the TM office said the lawyer was John Smith Esq. They said his Tm should be his name or firm name and not a generic legal phrase .com

That was the line of reasoning that the TM office did not allow many domains to be TM'd years ago

But you could read in the rejects that they wanted USE of the name in more than a domain

So a nice Logo and use on Prominent use on stationary, selling of cups, mugs, t-shirts, etc

Now a lawyer wants his name on his letterhead the biggest, the TM office wants the domain name biggest, so the letterheads the lawyers sent in used the domain name as like a footnote, the real trade name was the lawyers name or firm name and he used the generic legal domain as a small little spot on his letterhead

So if the presentation is made correctly to the TM board, then they could TM anything via actual use

Now the USPTO is only good within the USA, but most countries recognize it

There is a global TM registration process which is better for domain names anyway

But actual use is right of TM itself

If you see anyone using your business name you can send C&D letters even without a valid registration, the use of a name is similar to a copyright, but most businesses will actual register a TM, and most copyrights are not registered but understood to exist

The same thing is given in TM laws, you don't HAVE TO actual register a TM to claim it, all you have to do is put TM next to the mark

the r in a circle means you registered it and got approved

now since a name is a major asset to a company most will spend the 500 to 1000 it takes to register an actual TM

But if you want to TM any domain name must make up a logo image with the name and a Tm in it, that shows the world you are claiming TM on it

then maybe put a note out in usenet so you have a time stamp that you are giving legal notice to the world whatever.com (TM) is your trade name

a major legal matter facing all domain tld's is down the road someone like sex.com will try to claim TM over all tld's for that word

will the courts agree that one major tld (say .com) has legal rights to use the root word in all tld's?

these matters haven't really been addressed yet, and since sex.com and sex.net and even sex.us could be argued as CONFUSING to some, there could be a legal argument made for sex.com to usurp all tld's for sex

Now IBM has TM right to claim IBM in any tld

The only way to get around it is if you do have a company with those initials

But if you were say sitting on IBM.bz, then they could get it almost hands down at icaan with only a 1500.00 filing

If you don't argue non-commercial use for say an info site or if you don't have a legit business with those initials, then IBM gets the name

Since the net is still a new medium, these issues have not been very well addressed by the courts yet, and the decision of a court in one country isn't binding on the courts in another

That's why Icaan is the best place for any and all domain name issues

Since Icaan controls the reigistrars, but, that might be challenged within the USA sooner or later

I doubt if some Federal Magistrate ORDERED say verisign to NOT TURN OVER a domain name that they would turn it over no matter what Icaan said

So it's only a matter of time before Icaan tells a registrar to do something and the registrar is involved in major litigation in US Federal court, and then the US Based registrars will say, hey we have to live in the USA and we are not going to sit in jail on contempt charges because some Swiss organization said turn over a name that is in litigation

These are the things that can happen in the future, that haven't yet and they can dramatically alter the whole domain name landscape