«« older | newer »»

author photo

July 21, 2011

David Canton

XXX Protection Racket?

The .XXX top level domain application period is underway. This has been a very controversial topic. The XXX domain is available for users in the "sponsored community", being the "adult entertainment industry".

One of the criticisms of this TLD is the fear that people will try to register domains using names or trade-marks of those outside of the sponsored community. disney.XXX, or apple.XXX for example.

So a procedure is in place called "Sunrise B" where for a short period of time (September 7 to October 28), trade-mark owners can apply to have their marks blocked from registration. The wrinkle is that it costs hundreds of dollars to do that. Sunrise B applications are now being accepted.

So if you want to block your brand so others can't use it to get a XXX TLD – the time to act is now.

But doesn't this seem like a protection racket?

David Canton is a business lawyer and trade-mark agent with Harrison Pensa LLP in London, Ontario. David's practice focuses on technology issues and technology companies. David is co-author of Legal Land Mines in E-Commerce published by McGraw-Hill, writes a weekly column on Today’s Business Law for the London Free Press and the Canoe.ca Technology news, and blogs at canton.elegal.ca. 
[click on the author's name for more information]

Respond: make a comment | read the 1 comment

Share: Email | Save as PDF | Print | Bookmark & Share | Clip to Evernote | Reader later on Instapaper

More: in Miscellaneous | from

up

One Comment on “XXX Protection Racket?”

  1. Tom Dickey says:
    July 23, 2011 at 2:11 pm

    Trademark owners can also apply to have their trademarks placed on an official registry kept by the U.S. Patent & Trademark Office (USPTO). The “wrinkle” with this is that the trademark owner must pay the USPTO a $375 “application fee” to even start the registration process. Why hasn't anyone ever referred to the process of registering one’s trademark as “protection racket”? Is it because the process (like any process more complex than a dog license) actually costs "hundreds of dollars"?

Make a comment:

Note that some comments may be moderated. If you have not had an approved comment here before, your comment will be held for approval. We are glad to publish comments that address issues raised in the post or other comments on it and that contribute to a fruitful discussion. We do not publish comments that seek to promote commercial products, that make personal attacks, or that seek personal legal advice.

Although we do not require it, we ask that in making a comment you use your full name. You must supply a valid email address, which will not appear with your comment.

 

SlawTips      

SlawTips Good Communications = Satisfied Clients
Thursday, February 23

As Richard Ferguson, a lawyer friend of ours says on his email message: “People may forget what you said…. People may forget what you did…. but people will never forget … »»

Practice

SlawTips Current Awareness
Wednesday, February 22

There are two possible approaches to personal current awareness: Develop excellent searching skills so that you can find what you need when you need it Pick a fairly narrow specialty … »»

Research

SlawTips Top 10 Financial Errors: #10 Rely on the Lottery for Your Partnership Retirement Plan
Thursday, February 16

“It is better to have a permanent income than to be fascinating” was said once by Oscar Wilde. The final tip in this series is the capstone issue in our … »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.
  • Moody Estate, Re 2011 ABQB 222

    Limitation of Actions - Actions in contract - Actions for debt - General

    Moody died on December 3, 2005, leaving four adult children. Pursuant to Moody’s will two of her children, James and Tyrell, were appointed executors of the estate. It was alleged that, during her ...

  • McLean v. Law Society of Saskatchewan 2012 SKCA 7

    Barristers and Solicitors - Discipline - Suspension - For professional misconduct

    McLean pled guilty five counts of conduct unbecoming a lawyer. The Discipline Committee suspended him from practice for four months and placed him on indefinite supervision. McLean appealed the length of the penalty.

    The Saskatchewan ...

  • Kelly et al. v. Energy Resources Conservation Board (Alta.) et al. 2012 ABCA 19

    Mines and Minerals - Operation of mines, quarries and wells - Licences and permits - Appeals or judicial review - Standing - Costs

    Grizzly Resources Ltd. (Grizzly). made an applications to the Energy Resources Conservation Board to drill two sour gas wells on the same site. ...

  • R. v. Crain (R.N.) 2012 SKCA 8

    Narcotic Control - Offences - Trafficking - Elements of

    The accused was charged with trafficking in cocaine. The trial judge granted the accused’s motion to discharge the charge. The Crown appealed.

    The Saskatchewan Court of Appeal allowed the appeal and ordered a new trial.

    Link ...

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site