By Adam Smith
July 18 2011
Felman adds that ICM has been “creative” in its approach to brand protection – a freedom that will be enjoyed by no future registry now that the new gTLD programme is approved. Lawley said today: “We wanted to take an innovative approach to the launch of ‘.xxx’ and show best practice at all stages including investing in a global awareness campaign. ICM Registry believes in consumer choice, and while we believe the ‘.xxx’ will satisfy the needs of the sponsored community, we recognise there is also an audience who would like to opt-out and safeguard their intellectual property prior to the domain going live.”
Last week, Lawley promised that brand owners would be able to examine details of the post-launch rights protection mechanisms available before deciding whether to block their terms through Sunrise B. While ICM is still yet to publish the full details, it has announced that the fees for its rapid takedown service and dispute resolution policy will be “approximately $750 to $1,500”.Those brand owners who decide to participate in Sunrise B will be hoping to avoid those later costs, although Sunrise B itself is not without its challenges. Trademark rights still have to be validated during the submission process, and applicants will not be able to correct errors after submission. Hopping into this niche is Trademark Fact Check, a new service from former executives of Thomson Reuters and NetNames. According to a statement sent by the fledgling outfit to WTR: “Trademark Fact Check provides automated fact checking technology that mirrors the validation checks performed for the ‘.xxx’ sunrise. It determines eligibility and detects conflicts between government trademark offices and ‘.xxx’ sunrise applications before fees are incurred…For the first time, automated fact checking is available to trademark owners before submitting sunrise applications. Our innovative trademark searching technology streamlines the sunrise submission process, reduces application errors and thereby, minimises the costs associated with protecting trademarks in the ‘.xxx’ TLD.”
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