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In the normal course, when a new Internet domain opens up, companies rush to register. In this case, the race is to stay out.
Net4India says 38 companies have approached it over the last ten days seeking to “block” their trademark on the newly-opened .XXX domain, to prevent any misuse of their brand-name by others.
The .XXX is a new sponsored top-level domain meant for pornographic content and, globally, it has just opened for registration to brand and IP holders inside and outside the community.
Indian cyber law prohibits creation or transmission of obscene content. Companies that have approached Net4India — an ICANN-accredited registrar — want their trademark blocked or excluded on that domain so as to prevent anyone from registering or misusing it.
Companies are racing to block their trademarks from being associated with adult content. Internet Corporation for Assigned Names and Numbers (ICANN) governs the Internet address system.
Net4India declined to name these companies, as it did not have the clients' permission to do so. But it said that eight of them were Nifty 50 companies. “Whilst we are not providing registration services for the new .XXX domain, we felt it is important to allow our customers to at least block their brands/names on .XXX, thus ensuring no one can misuse them in the adult space,” the Net4India Chairman, Mr Jasjit Sawhney, said. Companies opting for a trademark block on .XXX domain will have to shell out Rs 5,190 towards a one-time, non-refundable application fee and Rs 4,701 towards blocking. Florida-based ICM Registry is the registry operator for the .XXX domains and has kicked off a 50-day sunrise period, allowing trademark owners to opt in or out.
Validity period
The blocking is valid for ten years; it cannot be reversed. Blocked domains will display the message, “the domain is reserved through the ICM Registry Rights Protection Program”.
Under Section 67 of the Information Technology Act, it is an offence to publish or transmit obscene electronic content. “In case an entity ‘blocks' its trademark on .XXX to prevent its misuse, that is fine. Only if pornographic or obscene content is placed (on the site) it will come under Section 67,” said cyber-law expert Mr Pavan Duggal.
As it is, India had not favoured opening up of .XXX by ICANN, in the first place.
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