YNOT – Hustler has issued a warning to ICM Registry, the outfit charged with administering the dot-xxx domain space: Any third-party registration of a dot-xxx domain name that infringes upon a Hustler trademark constitutes a violation of the law. Furthermore, Hustler does not intend to engage in so-called “defensive registrations” of dot-xxx domains, but the company will protect its intellectual property with extreme vigor.
“Like many other companies in the adult industry, Hustler will not allow its trademarks to be bought, sold or used by any other entity, nor will we be shaken down by ICM,” Hustler President Michael H. Klein said. “We are prepared to take whatever legal action may be necessary.”
Attorneys for Hustler indicated the company has made clear in writing, on more than one occasion, that any attempt to allow unauthorized registration of Hustler trademarks will result in appropriate countermeasures. The company continues attempts to establish “a dialogue” with ICM, they added, but so far the registry has declined to engage.
“We are constantly policing the registration and use of domain names that attempt to capitalize on Hustler’s trademarks,” attorney Jonathan Brown said. “ICM’s silence is particularly disconcerting, especially in light of ICM’s supposed aim of ‘working proactively to balance the rights of … existing domain name holders, and other trademark and intellectual property holders.’”
Added Klein, “Unfortunately, despite all the talk out of ICM, it appears the dot-xxx [sponsored Top Level Domain] will do nothing but drive up costs to the adult community and will force us to fight infringement on yet another front.”
ICM Registry Chief Executive Officer Stuart Lawley told YNOT.com his company has attempted to correspond with Hustler representatives, but the two sides have been unable to connect.
“Greg [Dumas] tried to call Michael Klein last week,” Lawley said Wednesday afternoon. “Our attorneys will respond shortly, but our door is always open for discussion.
“We have the strongest and most comprehensive rights-protection mechanisms, both pre-launch and post-launch, that any new TLD has ever had, and they go way beyond what is being required in [ICANN’s] latest new TLD applicant guidebook,” he added.
Hustler is not the first company to denounce ICM’s rights-protection plans. Last week, Manwin Licensing International demanded ICM block registration of all dot-xxx domains that might infringe upon Manwin trademarks. Alternatively, Manwin said ICM could forestall potential legal action by allowing Manwin to register the 57 domain names it owns in other spaces free of charge in dot-xxx.
Hustler has not requested free registration.
