http://www.engineeringnews.co.za
  SEARCH
Login
R/€ = 13.90Change: -0.01
R/$ = 12.70Change: 0.04
Au 1084.95 $/ozChange: -4.91
Pt 985.00 $/ozChange: -3.00
 
 
Note: Search is limited to the most recent 250 articles. Set date range to access earlier articles.
Where? With... When?








Start
 
End
 
 
And must exclude these words...
Close Main Search
Close Main Login
My Profile News Alerts Newsletters Logout Close Main Profile
 
Agriculture   Automotive   Chemicals   Competition Policy   Construction   Defence   Economy   Electricity   Energy   Environment   ICT   Metals   Mining   Science and Technology   Services   Trade   Transport & Logistics   Water  
What's On Press Office Tenders Suppliers Directory Research Jobs Announcements Letters Contact Us
 
 
 
RSS Feed
Article   Comments   Other News   Research   Magazine  
 
 
Sep 29, 2011

Trademark owners to block trademarks from becoming .xxx domains

Back
Werksmans Attorneys intellectual property director Donvay Wegierski discusses the introduction of .xxx domain names.
 
 
 
SECURITY|System|Products|Service
SECURITY|System|Products|Service
security|system|products|service
© Reuse this



California-based nonprofit public benefit organisation the Internet Corporation for Assigned Names and Numbers (Icann) and limited liability company ICM Registry, entered into an agreement in March that resulted in the approval of a new top-level domain (TLD). The new .xxx TLD is aimed at websites that may contain adult content.

Local commercial and corporate law firm Werksmans Attorneys intellectual property director Donvay Wegierski says the agreement will enable adult website operators to categorise their websites as those containing adult content, indicating that they are adult entertainment (AE) entities, thereby clearly distinguishing them from other websites.

Wegierski explains that an Internet user will be able to identify the website that he or she is about to visit by looking at the domain. The .xxx domain is indicative of a website containing explicit content. However, AE website operators are not obliged to register their sites under a .xxx domain.

She adds that it may be a responsible choice for AE operators to register their businesses as .xxx websites, as this is likely to imply that the website operators accept responsibility for the content of the website and that they adhere to some level of compliance.

“The new TLD can provide a means of control over different content-related categories, reassuring companies and parents that Internet users will not unintentionally or unexpectedly visit AE websites,” she says.

Even though the new TLD will have some definite advantages for the Internet user, it will also face some challenges.

Trademark owners will now have to prevent their trademarks from being registered as .xxx domains by cybersquatters.

“As .xxx introduces a new domain name registry it is recommended that companies with registered trademarks ‘block’ their trademarks from being registered as AE websites,” she says.

Wegierski explains that fewer effective domain names are available, owing to companies’, entrepreneurs’, governments’ and individuals’ increasing demand for some kind of cyber-presence, which results in a “scramble” for available and effective domain names.

Knowing this, cybersquatters follow trends and register attractive domain names, securing titles that will, most likely, be needed and desired by various parties in future.

It can be an expensive and time-consuming procedure for a trademark owner to dispute the registration of their trademark once it has been registered by a cybersquatter.

“Therefore, trademark holders may be compelled to purchase a disputed domain name from the cybersquatter as opposed to lodging a formal complaint,” says Wegierski.

She adds that trademark owners should, therefore, be vigilant in protecting trademarks by registering them as domain names thereby pre-empting and preventing cybersquatters from registering and using domain names that might contain their trademarks.

Securing your Trademark as a .xxx Domain
Trademark owners will be able to prevent their trademarks from being registered as .xxx domains provided that they have a corresponding registered trademark that was registered prior to September 1, 2011.

A sunrise A period for AE website operators, who already have an existing domain name or registered trademark, and a sunrise B period, which is aimed at trademark owners outside the AE industry will run simultaneously from September 7 to October 28, 2011. The applications will be added to the sunrise period queue and granted at the end of the sunrise period.

In addition, there will be a landrush period from November 8 to 25, which is open to all AE website operators irrespective of whether they have an existing domain or registered trademark.

From December 6, the remaining domain names will be registered on a ‘first come, first served’ basis, she adds.

If a trademark owner finds his or her trademark registered as a .xxx domain he or she can then lodge a complaint with the World Intellectual Property Organisation (WIPO).

In order to lodge a domain name complaint with WIPO the trademark holder will need to demonstrate that the disputed domain name is identical or similar to a trademark to which it has rights, that the registrant has no legitimate claim to the domain name and that the domain name has been registered in bad faith.

Insofar as the .xxx domains are concerned, trademark owners will also have recourse to the rapid evaluation service, which provides for .xxx domains to be suspended temporarily pending the outcome of a dispute.

Future Developments
Further, Icann has also approved a plan to allow a significant increase in the number of Internet address endings, also called generic top-level domains (gTLDs).

There are currently 22 gTLDs, which include familiar domains such as .com, .net, .edu and .org.

Icann president and CEO Rod Beckstrom says the organisation has decided to open the Internet’s naming system to unleash the global human imagination.

New gTLDs will change the way people find information on the Internet and how businesses plan and structure their online presence. Virtually every organisation with an online presence could be affected in some way.

Internet address names will be able to end with almost any word in any language, offering organisations around the world the opportunity to market their brand, products, community or charity in new and innovative ways.

Icann board of directors chairperson Peter Dengate Thrush says the decision will usher in a new Internet age. “We have provided a platform for the next generation of creativity and inspiration,” he says.

The decision to proceed with the gTLD programme follows many years of discussion, debate and deliberation with the Internet community, business groups and governments. “Strong efforts were made to address the concerns of all interested parties, and to ensure that the security, stability and resiliency of the Internet are not compromised,” says Thrush.

Icann reports that it will soon begin a global communications programme to tell the world about the change in Internet names and to raise awareness of the opportunity afforded by new gTLDs.

The application process will also use this period to elaborate on what is involved in applying for a new gTLD.

AUDIO CLIP

To listen to an audio clip in which Werkmans Attorneys intellectual property director Donvay Wegierski discusses the introduction of .xxx domain names, go to www.polity.org.za and click on 'Multimedia' and then on 'Audio Clips', or listen it on the Polity.org.za App on your iPhone.

Edited by: Shannon de Ryhove
Creamer Media Senior Deputy Editor Polity & Multimedia
© Reuse this Comment Guidelines (150 word limit)
 
 
 
 
 
 
 
 
Other Intellectual Property Law News
Alcatel-Lucent has organized in early July its Technology week in Nigeria. The Alcatel-Lucent Technology Week took place at a three-day event in both Lagos and Abuja. The event was well attended by over a hundred professionals from Nigeria ICT ecosystem....
If you were asked to imagine a computer network, the image that springs to mind would probably be one of a pristine office setting, where networking equipment is kept behind spotless glass doors in a dust- and temperature-controlled environment. But what of the real...
The Southern African Vinyls Association announced that Belgotex Floors has become the Association’s first official license holder of the Vinyl. product label – a mark of excellence that signifies the product complies with best practice as prescribed by SAVA’s Product...
More
 
 
Latest News
Mark Cutifani
In a hard-hitting address, Anglo American CEO Mark Cutifani lamented the decline in the competitiveness of South Africa's mining industry and warned that the “trust deficit” between government, the industry and labour would need to be urgently overcome if the country...
British multinational banking and financial services firm Barclays has partnered with the Bureau for Economic Research (BER) at Stellenbosch University to sponsor the monthly manufacturing economic indicator, the Purchasing Managers’ Index (PMI). The index, now known...
Norwegian shipping liner Wallenius Wilhelmsen Logistics (WWL) has reached a settlement agreement with the Competition Commission for contravening the Competition Act, agreeing to pay an administrative penalty of R95.7-million. This settlement followed the...
More
 
 
Recent Research Reports
Real Economy Year Book 2015 (PDF Report)
There are very few beacons of hope on South Africa’s economic horizon. Economic growth is weak, unemployment is rising, electricity supply is insufficient to meet demand and/or spur growth, with poor prospects for many of the commodities mined and exported. However,...
Real Economy Insight: Automotive 2015 (PDF Report)
Creamer Media’s Real Economy Year Book comprises separate reports under the banner Real Economy Insight and investigates key developments in the automotive, construction, electricity, road and rail, steel, water, gold, iron-ore and platinum sectors.
Real Economy Insight: Water 2015 (PDF Report)
Creamer Media’s Real Economy Year Book has been divided into individual reports under the banner Real Economy Insight and investigates key developments in the automotive, construction, electricity, road and rail, steel, water, coal, gold, iron-ore and platinum sectors.
Real Economy Insight: Construction 2015 (PDF Report)
Creamer Media’s Real Economy Year Book has been divided into individual reports under the banner Real Economy Insight and investigates key developments in the automotive, construction, electricity, road and rail, steel, water, coal, gold, iron-ore and platinum sectors.
Real Economy Insight: Electricity 2015 (PDF Report)
Creamer Media’s Real Economy Year Book has been divided into individual reports under the banner Real Economy Insight and investigates key developments in the automotive, construction, electricity, road and rail, steel, water, coal, gold, iron-ore and platinum sectors.
Real Economy Insight: Road and Rail 2015 (PDF Report)
Creamer Media’s Real Economy Year Book has been divided into individual reports under the banner Real Economy Insight and investigates key developments in the automotive, construction, electricity, road and rail, steel, water, coal, gold, iron-ore and platinum sectors.
 
 
 
 
 
This Week's Magazine
Updated 7 hours ago Daimler truck test engineer Dirk Stranz pushes one button, and then retracts his hands from the steering wheel of the Mercedes-Benz Future Truck 2025. “And now the truck is driving itself.”
Updated 7 hours ago The statutory body responsible for skills development and support in the banking sector, BANKSETA, was investing R68-million in the capacity building project of the University of Venda (UniVen), announced Bankseta company secretary Caroline King at a media event in...
LIONEL MOYAL Cloud services providers must compete against other cloud services providers for business by providing up-to-date systems and services
Updated 7 hours ago Legacy information technology (IT) systems are becoming increasingly obsolete because of the maturity, efficiencies and cost effectiveness of cloud-based IT services, says information and communication technology major T-Systems subsidiary Intervate head Lionel...
ARMANDÉ KRUGER Balancing the collection and processing of data must be aligned to strategy
Updated 7 hours ago Many complementary services enable companies to derive broad value from data inside and outside them. The complexity of data management means that companies’ strategies determine the various data systems and functions they will use, says PBT Group regional sales...
Updated 7 hours ago The South African Civil Aviation Authority (SACAA) has announced that it had awarded the country’s first remotely piloted aircraft systems (RPAS) pilot’s licence. It was issued on Friday, July 10, to SACAA employee and qualified commercial pilot Nicole Swart,...
 
 
 
 
 
 
 
 
 
Alert Close
Embed Code Close
content
Research Reports Close
Research Reports are a product of the
Research Channel Africa. Reports can be bought individually or you can gain full access to all reports as part of a Research Channel Africa subscription.
Find Out More Buy Report
 
 
Close
Engineering News
Completely Re-Engineered
Experience it now. Click here
*website to launch in a few weeks
Subscribe Now for $96 Close
Subscribe Now for $96