Usually the complaint does not affect a
brand’s reputation but the response or lack thereof does. Promptly responding
to complaints and offering a solution demonstrates to the public that no
business is perfect and that rectifications can occur after the fact. Putting a
BandAid ™ on a cut does not take away the pain but helps in the healing
process.
Now let’s ripoff that BandAid ™ and deal
with a TLD that may hurt many trade marks owners.
On 30 March 2015 another headache for trade
marks owners will launch
.Sucks is a new generic Top Level Domain
(gTLD), which according to the Registry (Vox Populi Registry Ltd), aims to
create an online space where consumers can voice their opinions and criticise
businesses and brands.
It sounds noble but the approach taken
appears to be rather threatening. Watch the .suck video at https://youtu.be/D-yP3cH25-k
For those not familiar with the US or
Hollywood, SUCKS is an American term used to describe something that is
terrible, despicable or unpleasant.
A more appropriate new gTLD would be
.protest, which is synonymous with change, constructive criticism and
furthering a cause.
Why is .sucks threatening?
- The cost to register a .sucks domain name during the Sunrise (priority period for trade mark owners) is $2,533
- After the Sunrise it will cost $212.50 to block a .sucks domain name (non-resolving) per year or $280.50 to register a .sucks domain name that can be used.
YET,
If you wish to register a .sucks domain
name to rant you can register it under the Consumer Advocate Subsidized program
for only $9.95 a year. The Registry described the program, on its
websites as follows:
“Everything.sucks,
a consumer advocacy forum platform, has contracted with dotSucks to subsidize
the purchase of domains for individual consumers that wish to host a forum
discussion website.
All dotSucks domains registered under this subsidy program will be provided a free, hosted, consumer forum courtesy of everything.sucks. For example, www.ProductA.sucks will resolve to a website with a discussion-forum on ProductA. The owner of the dotSucks domain may customize their forum settings. “
.sucks is different to other high risk TLDs
such as .xxx, .porn and .adult in that a user reading the domain name
burgerking.porn knows that Burger King has not entered the adult entertainment
industry and would assume it is a parody or an opportunistic registration.
Burgerking.sucks, on the other hand, identifies an issue in the minds of the
public without having to view the content associated with the domain name.
The realm of fair use, freedom of speech
and criticism add a complexity to UDRP (a domain name recovery mechanism for
trade mark owners) complaints, which is apparent by the brief analysis
undertaken by Lexsynergy’s brand protection team. The team identified 89 UDRP
decisions relating to domain names that combined a trade mark with the word
sucks.
32
decisions were decided in favour of the Respondent
(domain name registrant).
57
decisions were decided in favour of the Complainant
(trade mark owner).
Approximately 36% of trade marks owners were unsuccessful in recovering a domain
name that incorporated its trade marks, with the word sucks proving to be their
kryptonite.
Should trade mark owners take the risk
seriously?
We would say YES but do not overreact. Register
an identical .sucks domain name so that the “infringer” can only register a
variation such as burgekingUSA.sucks and rather monitor the use of your brands
within this TLD and take action when the associated content warrants it.
You cannot eliminate .sucks infringements
but you can mitigate the risk.
Need a .sucks action plan for you trade
marks? Get in touch here http://www.lexsynergy.com/contact-lexsynergy
No comments:
Post a Comment