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    Highlights of the ICANNWatch Archive
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    USA Goverment Relations The DoC and XXX
    posted by Mueller on Monday August 22 2005, @01:01PM

    jberryhill writes "What are we to make of a Commerce Department that provides trademark registrations such as the following:

    Word Mark SEX.XXX

    Registration Number 2954312

    Registration Date May 24, 2005

    Can someone explain why the US Department of Commerce registers putative trademarks for "XXX" names, but objects to someone registering them as internet domain names? The DoC's registration price is $325. Perhaps they don't want someone muscling in on their racket.

    Someone needs to let the Family Research Council know what the Department of Commerce is really up to."



     
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    This discussion has been archived. No new comments can be posted.
    The DoC and XXX | Log in/Create an Account | Top | 72 comments | Search Discussion
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    Trademarks are Different Than Top-Level Domains
    by hofjes on Tuesday August 23 2005, @06:08AM (#16053)
    User #60 Info
    The difference between the trademark registration and the TLD is basic policy.

    A trademark identifies the source or quality of goods or services, and is used to distinguish one’s products from another’s products. Trademark rights are established by mere use in commerce. If the trademark registrant brands its services as SEX.XXX, then the registrant is using a trademark and should be entitled to register it. The USPTO should not (and the First Amendment does not allow it to) discriminate based upon the apparent content of the product associated with the trademark. Simple as that.

    Internet TLDs, on the other hand, are governed by a different standard. Each TLD must be rolled out with public policy in mind. If there is a threat to the stability of the Internet, then the TLD should not be added to the root. Internet stakeholders theoretically should be allowed to voice opposition before ICANN signs a contract.

    Some have made the argument that ISPs will immediately filter out .XXX. Consequently, (i) traffic via the new domain will not move; and (ii) the TLD will be ineffective as routing identity. In other words, stability will be effected because traffic will be squelched. .XXX is not dead. Rather, the DoC and the GAC have asked ICANN to consider the matter further. Such consideration is consistent with ICANN’s mandate.
    [ Reply to This | Parent ]
    • 1 reply beneath your current threshold.
    Re:Sony Adding 2 Million More .XXX Users as You Sl
    by dtobias (dan@tobias.name) on Thursday September 01 2005, @07:04AM (#16147)
    User #2967 Info | http://domains.dan.info/
    Where do you get anything to the effect that these PSP (PlayStation Portable) browsers will use anything other than the standard (ICANN) TLD roots?
    [ Reply to This | Parent ]
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  • 38 replies beneath your current threshold.

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