http://www.engineeringnews.co.za
  SEARCH
Login
R/€ = 14.62Change: -0.09
R/$ = 10.58Change: -0.06
Au 1301.19 $/ozChange: -2.76
Pt 1441.50 $/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
 
Nelson Mandela 1918 - 2013   Agriculture   Automotive   Chemicals   Competition Policy   Construction   Defence   Economy   Electricity   Energy   Environment   ICT   Metals   Mining   Science & Technology   Services   Trade   Transport & Logistics   Water  
What's On Press Office Suppliers Directory Research Jobs Announcements Contact Us
 
 
 
RSS Feed
Article   Comments   Other News   Research   Magazine  
 
 
Sep 30, 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.
© 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
© Reuse this Comment Guidelines
 
 
 
 
 
 
 
 
Other Intellectual Property Law News
More
 
 
Latest News
Updated 18 minutes ago While South Africa’s ship building and repair industry is at a “critical” stage in its development, the industry continues to be stifled by obsolete port infrastructure, protectionist government policy and monopoly pricing, driving the migration of these...
Updated 37 minutes ago The South African Short-term Insurance Association (SAIA) on Wednesday called on motorists to be careful when driving during the coming Easter Weekend. This warning followed a call for caution by the association in February when heavy rains caused damage to roads and...
More
 
 
Recent Research Reports
Steel 2014: A review of South Africa's steel sector (PDF Report)
Creamer Media’s Steel 2014 report provides an overview of the global steel industry and particularly of South Africa’s steel sector over the past year, including details of production and consumption, as well as the country's primary carbon steel and stainless...
Projects in Progress 2014 - First Edition (PDF Report)
This publication contains insight into progress at the delayed Medupi and Kusile coal-fired projects, in Mpumalanga and Limpopo respectively, as well as at the Ingula pumped-storage scheme, which is under construction on the border between the Free State and...
Automotive 2014: A review of South Africa's automotive sector (PDF Report)
The report provides insight into the business environment, the key participants in the sector, local construction demand, geographic diversification, competition within the sector, corporate activity, skills, safety, environmental considerations and the challenges...
Construction 2014: A review of South Africa's construction sector (PDF Report)
Construction data released during 2013 hints at a halt to the decline in the industry during the last few years, with some commentators averring that the industry could be poised for recovery. However, others have urged caution, noting that the prospects for a...
Electricity 2014: A Review of South Africa's Electricity Sector (PDF Report)
This report provides an overview of the state of electricity generation and transmission in South Africa and examines electricity planning, investment in generation capacity, electricity tariffs, the role of independent power producers and demand-focused initiatives,...
Defence 2013: A review of South Africa's defence industry (PDF Report)
Creamer Media’s 2013 Defence Report examines South Africa’s defence industry, with particular focus on the key players in the sector, the innovations that have come out of the defence sector, local and export demand, South Africa’s controversial...
 
 
 
 
 
This Week's Magazine
Updated 4 hours ago There is enough water in South Africa to supply communities and the economy, even if some activities may be constrained, such as agriculture in the Limpopo, says National Planning Commission commissioner Mike Muller. 
Muller was also the director-general from 1997...
South African antenna designer and producer Poynting and provider of professional products, system integration and implementation and commissioning services for the broadcast and telecommunications markets in South Africa, African Union Communications (Aucom),...
Industrial automation giant Festo has been displaying some of the its ongoing research projects and latest automation developments and products at the Hannover industrial fair from April 7 to 11, as part of its Integrated Automation – The Next Steps theme. The...
South African retail companies are responding to the way in which e-commerce is changing their engagement model with customers by improving customer engagement channels and order fulfilment intelligence, says industrial and retail software company JDA Europe, Middle...
In support of the South African government’s mandate to create more jobs and promote sustainable development, multilevel marketing company Amway’ business model aims to assist government in easing the startup of business and encourage an entrepreneurial mindset...
 
 
 
 


 
 
 
 
 
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