An Oz of Prevention: Take Action Now with “.sucks” Registration Opening
As numerous brand proprietors may have heard, the web Corporation for Designated Names and Figures (“ICANN”) lately approved the .sucks gTLD. The Sunrise period for trademark proprietors to join up .sucks domains that contains their trademarks starts on March 30, 2015 the overall availability period starts on June 1, 2015. It is recommended that brand proprietors consider registering their primary brand or trademark like a .sucks domain to bar organizations from doing exactly the same.
Brand proprietors who register their trademarks using the Trademark Resource come with an chance to join up .sucks (or any other gTLD) domains that contain their identical trademarks (e.g., xyzbrand.sucks) throughout the Sunrise period. The price to join up “.sucks” domains having a registered trademark throughout the Sunrise period is $2,499/year, plus $250/year to join up the trademark using the Trademark Resource. Because it will take as much as eight days to join up an indication using the Trademark Resource, it is recommended that any brand proprietors who haven’t already done this should register their primary trademark using the Trademark Resource when possible so that they can engage in the .sucks Sunrise period.
Beginning on June 1, 2015, .sucks registration is going to be opened up to everyone, and anybody can buy .sucks domains for $249/year.
Just like the standard gTLDs (.com, .internet, .info, etc.), when a 3rd party tries to register b .hurts website name that includes an authorized trademark or perhaps a confusingly similar mark, the trademark owner have left benefit of ICANN’s enforcement systems, like the Uniform Dispute Resolution Policy (“UDRP”) or Uniform Rapid Suspension (“URS”) procedure. However, a UDRP or URS complaint are only effective when the 3rd party lacks any legitimate utilisation of the .sucks website name (e.g., when the domain can be used for any parked site that creates click-through advertising revenue). Oftentimes, b .hurts critique website could be considered fair and noncommercial utilization of a website in such instances, a trademark owner couldn’t recover the .sucks domain inside a UDRP or URS proceeding.
We therefore suggest that brand proprietors register their primary trademark like a .sucks domain throughout the Sunrise period. Although this registration won’t prevent others from registering .sucks domains featuring creative versions of the trademark owner’s mark, it might a minimum of permit the brand owner, because the legitimate trademark owner, to possess control of its identical mark in .sucks domains.