Letters threaten legal action if trademarks are registered as .xxx domains.
Free Speech Coalition, which has been fairly quiet since organizing a poorly attended protest at an ICANN meeting in San Francisco earlier this year, is making some noise again.
The group that represents some adult webmasters has provided a template “Trademark Protection Letter” for adult web site owners to send to .xxx registry ICM Registry. People can customize the letter with their list of trademarks to put ICM “on notice”.
According to the letter, ICM Registry has a greater responsibility than generic registries to protect specific trademarks because it’s clear that they will be used in direct competition with the owners. The letter states:
In contrast, if the holder of a trademark engages in selling specific products and services, a third party purchasing a domain identical to the trademark in a generic TLD, such as .NET or .BIZ
only improperly competes against the trademark holder if the use of the domain name is directly
in competition with the holder’s area of business.
The letter concludes with a threat:
ICM is now on notice that the registration of any domain name using the .XXX extension that is identical or confusingly similar to one of the trademarks or domains listed on Exhibit A will violate (COMPANY NAME)’s intellectual property rights and constitute an unfair business practice. ICM must take steps to prevent such activity before it can occur. Failure to take affirmative steps to prevent this conduct will establish ICM’s substantial liability.
(COMPANY NAME) welcomes the opportunity to engage in meaningful dialogue with ICM, should ICM choose to resolve these matters other than through litigation.