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Let’s talk about .SEX

New gTLD: .SEX

There’s a new gTLD in town, and get ready because it is a big one. Since last week, it is possible to register .SEX domains at registrars. With this new addition, ICM Registry, who operates already the same theme domains .XXX, .ADULT and .PORN, takes control of a new and lucrative TLD.

With over 300 million searches for sex-related topics a month (this is, approximately, the 30% of the total internet traffic), sex has become the most searched topic of the web and adult-only websites one of the biggest revenue generators. That’s not really a surprise, if we consider that most of internet user are adults and a high proportion of them consume, at some point, adult material. Given this, there’s no doubt that the demand for more virtual space for the adult industry will keep growing. The creation of this new top level domain .SEX, arrives in order to fulfil this insatiable demand.

However, it is expected that not only pornography and adult related sites will get use of this domain name. Also health and safety related websites and educational sites can benefit from it. Sites promoting safe sex or websites about sexual education can find in dot sex an effective way of reaching new audiences while facilitating the identification of these informational sites for users.

But… what does .SEX mean for the big brands out there?

Basically, loads of headaches. .SEX is a very appealing domain for those engage in Cybersquatting. So in order to protect their brand and avoid the misuse of the brand name by third parties, this companies need to be fast. And not only companies need to be careful with this, also individuals can also be considered as a ‘brand’. Let’s think about Taylor Swift, who not so long ago purchased TaylorSwift.porn and TaylorSwift.adult. in order to protect her name and brand. A good Digital Brand Protection strategy is essential nowadays.

So, with over 4.000 dot sex domains presold, we have to wonder, how many of them were actually bought by non erotic related big companies.

dotNice – experts in digital brand protection
For more information email: brand protection-emea@dotnice.com

Digital Brand Protection in the Latin American Market

 

We were delighted to speak with Salvador Camacho – Attorney in the Social Welfare department of the Mexican Department of Social Security (IMSS). Salvador also has worked for one of the top Intellectual property firms in Mexico – Arochi & Lindner, specializing in IP Enforcement and protection and recovery of domain names for international clients before WIPO and NAF.

We asked him to discuss the topic of digital brand protection in the LATAM market.

 

Why is digital brand protection important in your professional opinion?

Digital brand protection nowadays is essential in order to develop a strong presence in the Digital Environment. Trademark owners are the principal victims of unlawful online activity regarding domain names such as cybersquatting, typosquatting and new illegal online conduct such as soundsquatting. This situation is not only affecting brands, but also users are nowadays victims of illegal conduct like malware or phishing.

In this context, a digital brand protection strategy not only protects trademarks owners but also their customers.

 

As an Intellectual Property specialist, what top tips would you give to trademark owners in the LATAM market on protecting their digital assets?

For different reasons, the LATAM market has been lagging behind in regard to the protection of digital assets. Nevertheless, intellectual property infringers have been developing an interesting and valuable market around those unprotected assets for years. In this context, the top tips that I would give are the following:

  • Search for professional advice in order to have a better understanding of the value of your digital assets and their subsequent protection.
  • Protect your trademark in every country that you are planning to offer your product or service.
  • Register gTLDs, ccTLDs and IDNs for your brand even before submitting the application for the trademark.
  • Have a strong presence on Social Media. This works not only to avoid fake profiles and bad reputation, but also presents excellent branding opportunities.
  • Be aware of the new gTLD’s launching. It is important to register your trademark as domain name before someone gets in there before you.

 

What common or frequent mistakes do you regularly see trademark owners making in the LATAM market?

The trademarks owners in LATAM are very interested in protecting their intangible assets before the Intellectual Property Governmental Authorities and that is truly important, but they are completely forgetting the Digital Environment. They are registering their trademarks in several countries but only registering one domain name, generally the .COM gTLD. In my experience, this is the biggest mistake from trademark owners in LATAM market regarding digital brand protection.

This situation has generated the proliferation of cybersquatted domain names on ccTLD strings. Therefore, when trademark owners seek to register their trademarks as domain names on ccTLD endings for digital branding purposes, they discover that somebody else has already registered it and is asking a 6 figure number for the domain. There are enforcement methods to recover the domain name, but they are more expensive than defensively registering a domain name. A proactive approach is a more cost-effective option.

 

What is your opinion of ICANN’s new gTLD program? Should it be viewed as a positive opportunity for scaling businesses who missed out on the .com era due to timing?

In 1974, the French writer Jacques Bergier gave some predictions of the future of telecommunications in his book named “The Planet of Impossible Possibilities”. I will quote him and say that ICANN’s new gTLD program is “The Planet of Infinite Possibilities” because it will change the way that we know, understand and use Internet.

This initiative definitively will affect the LATAM market, specifically for trademark owners, who believe that having just one domain name will suffice. According to SEDO’s new gTLD awareness report published on 2014, 75% of internet users are unaware of the new extensions.

As in any unexplored market, this early stage is an interesting opportunity for scaling digital brands. With extensions such as .LAT (Available on Sunrise period until April 16th) precisely focused on LATAM market, the prompt registration of trademarks as domain names is crucial to have a strong digital brand presence in LATAM Digital Environment.

 

In terms of controversial gTLD’s like .SUCKS or .FAIL do you think they should be made available to the public?

Actually, only trademarks registrations for .SUCKS are available. The Consumer advocate subsidy goes from $10.00 USD per year but it will be available until September and you will be unable to host a website. The Standard registration will be available on Sunrise period for $249.00 USD per year.

The actual controversy is related to the Sunrise Premium registration of trademarks registered in ICANN’s TMCH. Trademark owners will have to pay $2,499.00 USD per year, so companies like Apple and Yahoo already have bought their respective .SUCKS domains, in order to protect their trademarks. Some trademark owners are calling this business model extortion disguised as registration, but others are appealing to the legitimate right to sell the gTLD at the desired price.

As freedom of speech is one of the pillars of the Internet, I believe they should be made available to the general public. Furthermore, WIPO’s UDRP decisions have granted legitimate interests to owners of sucks or gripe domain names over trademark rights.

Finally, everyone that has been publishing articles for the past few weeks about this controversial gTLD has reached the same conclusion as me: If you don’t want to be a TRADEMARK.SUCKS, then just deliver a good product or service and try not to suck.

 

 

dotNice – Experts in digital brand protection

For more information on domain names registration and management email – brandprotection-emea@dotnice.com

Top 5 Worst Cases of Cyber Crime

1. Barack Obama’s Re-election Campaign.

In 2012 the most powerful man in the world, US president Barack obama, fell victim to cybersquatting/ domain squatting. Before the Presidents advisors could announce that they would be turning the remainder of reelection campaign funds into a new nonprofit, Organising for Action, savvy cybersquatters saw the great financial potential in securing the domain name first. They claimed organisingforaction.com and organisingforaction.org beating the president to the punch!

2. Bank of America

One of the worlds most lucrative banks, Bank of America was involved in a high profile case of cybersquatting when opportunistic domain squatters saw the potential in strategically buying domain names for possible future bank mergers and subsequently selling them on eBay.The domains for sale included bankofamericamerrilllynch.com and bofaml.com.

3. Youtube

Global giant, Youtube was targeted by typo-squatters in a highly publicised corporate typo-squatting case. The domain name yuube.com was bought with the sole purpose of targeting YouTube users, anticipating that a large amount of YouTube traffic would mis-spell the domain name. When a user accidentally typed yuube.com they would be redirected to a malicious website or page.

4.American Express

A high profile case of phishing occurred when fraudulent emails purportedly from Global corporation, American Express were sent to an unknown number of recipients. A simple DNS change could have been made to thwart this spoofed email, but American Express failed to make any changes.

5.Burger King

Burger King fell victim to a bad case of brand-jacking when the company’s logo was hi-jacked and replaced with an advertisement of it’s main competitor, McDonalds. Promptly after this, a fraudulent ‘news’ story followed purporting that Burger King had been sold to its rival Mc Donalds as a result of persistent drug use of its employees. The hack lasted for approximately an hour until the twitter account was suspended.

Source: Wikipedia.

Owner of CountryGirlStore.com guilty of reverse domain name hijacking

LML Investments, owner of Country Girl branded clothing sold at CountryGirlStore.com, has been admonished by a panel for abusing the Uniform Domain Name Dispute Resolution Policy (UDRP).
The company filed a cybersquatting complaint against PA Gordon, owner of CountryGirl.com. The case was filed despite Gordon having owned the domain name since well before LML Investments claims any trademark rights in the “Country Girl” mark.
A three person National Arbitration Forum panel determined that LML Investments did not make even a prima facie case in support of its arguments that Gordon lacked rights and legitimate interests in the domain name. It was also unable to prove he registered the domain in bad faith, given that he registered it before the trademark rights.
The panel wrote:
The Panel finds that Complainant and its counsel have acted inappropriately and in reverse domain name hijacking by initiating this dispute and continuing with it following the delivery of the Response by Respondent. Complainant is attempting to deprive Respondent, the rightful, registered holder of the disputed domain name, of its rights to use the disputed domain name. Complainant and its counsel should have known that they would be unable to prove at least two of the elements needed to prevail. Even a cursory review of the URDP and UDRP decisions would have alerted Complainant and its counsel to the fact that its case was devoid of merit.

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