http://www.engineeringnews.co.za
  SEARCH
Login
R/€ = 14.23Change: -0.05
R/$ = 11.62Change: 0.03
Au 1175.24 $/ozChange: 0.83
Pt 1192.00 $/ozChange: 1.00
 
 
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 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.
SECURITY|Security|System|Security|Products|Security|Service|Security
SECURITY|Security|System|Security|Products|Security|Service|Security
security|security-company|system|security-facility|products|security-industry-term|service|security-person
© 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 (150 word limit)
 
 
 
 
 
 
 
 
Other Intellectual Property Law News
Engineering, management and specialist technical services company Aurecon achieved a first in Tshwane in 2011 when its Lynnwood Bridge Office Park building, situated just off of the N1 highway, achieved a 4 star GreenStar SA – [Office Design v1, Office Design v1]...
Pharmaceutical companies typically invest substantial amounts of money into research and development. Their research, however, is not only aimed at discovering new active pharmaceutical ingredients (APIs). Instead, some companies make small modifications to existing...
A controversial patent process known as ‘ever-greening’ is being carried out by many pharmaceutical brands, and is preventing medications from being made available as generics, affecting many South Africans who are struggling to keep up with the cost of medication....
More
 
 
Latest News
A consortium of nine banks has restructured the financing for the Gebze-Izmir highway project in Turkey to $5-billion, while the maturity was extended to 15 years from a previous seven, banking sources said. The consortium consists of Deutsche Bank and eight Turkish...
Germany's HeidelbergCement has clinched a deal to sell its Hanson Building Products business to private equity firm Lone Star Funds for $1.4-billion to reduce its debt. Up to $100-million of the takeover price will be payable in 2016, depending on the 2015...
Global mining equipment and services provider Sandvik Mining has recently provided one of Africa’s largest contract miners Aveng Moolmans with five diesel-powered drill rigs for use on the Nkomati nickel mine, in the northeast of South Africa, near Machadodorp in...
More
 
 
Recent Research Reports
Liquid Fuels 2014 - A review of South Africa's Liquid Fuels sector (PDF Report)
Creamer Media’s Liquid Fuels 2014 Report examines these issues, focusing on the business environment, oil and gas exploration, the country’s feedstock supplies, the development of South Africa’s biofuels industry, fuel pricing, competition in the sector, the...
Water 2014: A review of South Africa's water sector (PDF Report)
Creamer Media’s Water 2014 report considers the aforementioned issues, not only in the South African context, but also in the African and global context, and examines the issues of water and sanitation, water quality and the demand for water, among others.
Defence 2014: A review of South Africa's defence industry (PDF Report)
Creamer Media’s Defence 2014 report examines South Africa’s defence industry, with particular focus on the key participants in the sector, the innovations that have come out of the sector, local and export demand, South Africa’s controversial multibillion-rand...
Road and Rail 2014: A review of South Africa's road and rail infrastructure (PDF report)
Creamer Media’s Road and Rail 2014 report examines South Africa’s road and rail transport system, with particular focus on the size and state of the country’s road and rail network, the funding and maintenance of these respective networks, and the push to move road...
Real Economy Year Book 2014 (PDF Report)
This edition drills down into the performance and outlook for a variety of sectors, including automotive, construction, electricity, transport, steel, water, coal, gold, iron-ore and platinum.
Real Economy Insight: Automotive 2014 (PDF Report)
This four-page brief covers key developments in the automotive industry over the past 12 months, including an overview of South Africa’s automotive market, trade figures, production and the policies influencing the sector.
 
 
 
 
 
This Week's Magazine
South Africa remains an important manufacturing and export platform for Ford Motor Company, says executive chairperson Bill Ford. However, he adds that other countries on the continent are “becoming interesting”, and that the US carmaker is casting its net wider for...
TO BE PHASED INTO SERVICE The first MeerKAT dish, with another 63 to come
Germany’s Max-Planck-Society (MPG) and the Max-Planck-Institute for Radio Astronomy (MPlfR) are investing €11-million (about R150-million) into South Africa’s MeerKAT radio telescope array programme. The money will be used to design, build and install S-band radio...
Infrastructure spend in sub-Saharan Africa will grow from $70-billion in 2013 to $180-billion by 2025, says PwC capital projects and infrastructure Africa leader Jonathan Cawood. This is one of the findings of PwC’s Capital Projects & Infrastructure report on East...
Private-owned defence and aerospace manufacturer Paramount Group and the Ichikowitz Family Foundation unveiled its Anti-Poaching Skills and K9 Training Academy in Magaliesburg last month.
MATT BARKER Wireless networks should enable users to engage and must provide relevant information to them based on their activity and location
The inclusion of Bluetooth to provide sub-three meter accuracy and heightened functionality for users is one of the ways to change existing wireless networks into engagement networks. An engagement network differs from common wireless networks in that it enables the...
 
 
 
 
 
 
 
 
 
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