Safeguard your brand against porn
6/09/2011
Most companies won’t be “lusting” for a .xxx domain name, but the unscrupulous cyber-squatters see this new domain as a business opportunity. The inevitable scam would be to register a domain name that corresponds with a well-known brand, which has the potential to direct internet traffic to a website. Just imagine the detriment to a brand of a well-known company, if the domain name is directed to a porn site!
Luckily, there are measures in place for companies that do not want to be associated with what has been dubbed as the internet’s “red light district”. The .xxx domain name registry has created a specific sunrise period for brand owners, who are not members of the adult industry. This sunrise period commences tomorrow, 7 September 2011 and will run for 52 days.
Brand owners can protect their registered brands by blocking the corresponding .xxx domain name. A defensive domain name will be reserved and be set to resolve to a standard informational page indicating the status of the name as reserved. Brand owners are encouraged to be proactive and register their brands as defensive .xxx domains. After all, an ounce of prevention is worth a pound of cure.
Those .xxx domain names that are not blocked will be sold on a first come, first served basis. Brand owners can file a complaint, if a domain name conflicts with its brand. Provision has been made for the “rapid take-down” of .xxx domain names that clearly conflict with a brand owner’s rights. Due to the potential detriment to a brand, the swift censorship of the cyber-squatters is crucial and we anticipate frequent use of this procedure.
Nishan SinghSenior Associate
nishan-s@adamsadams.co.za
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Featured Act
Copyright Act 63 of 1965
To amend the Copyright Act, 1978, so as to define an expression and to amend a definition; and to make further provision regarding the nature of copyright in sound recordings; and to provide for matters connected therewith. Download act |
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Featured Case Law
Domain Names – The early bird (usually) catches the worm
VELCRO USA Inc, the complainant, is the proprietor of various registered trade marks for the mark VELCRO in various territories in respect of “loop and hook fasteners” The respondent, a competitor in Asia for several years, registered the domain name china-velcro.com to which the complainant objected. As a defence, the respondent argued that the mark VELCRO has been used by third parties for several decades to describe ”loop and hook fasteners” and has become generic. |
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Related People
Mariëtte du Plessis
Partner
Trade Mark Attorney
Tel: +27 (0) 12 432 6378
Email me
Nishan Singh
Partner
Trade Mark Attorney
Tel: +27 (0) 12 432 6151
Email me
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