Domain names in the new extensions .sucks, .adult and .porn are
now available for registration or are launching soon.
Companies and individuals may wish to purchase domain names that
correspond to their key trademarks in these new generic
Top-Level-Domains (gTLDs) as a defensive brand protection
For most businesses, the .sucks registry will be the most
important one to consider, while .porn and .adult domain names may
be of greater interest to celebrities and companies whose
businesses lend themselves to websites with these extensions.
The .sucks registry opens on March 30, 2015. At that time it
will cost approximately US$2499 to buy a .sucks domain name
corresponding to a registered trademark. Applicants will need to
have recorded their trademarks with the Trademark Clearinghouse
operated by Deloitte in order to apply for a corresponding domain
during this initial phase, called the Sunrise Period. Cassels Brock
& Blackwell LLP can help applicants record their marks with the
If you forego or are ineligible to register your marks as domain
names during the Sunrise Period, you can register any domain name
still available as of June 1, 2015, during what is called the
General Availability phase. At that time, the cost of a .sucks
domain will be much less, at approximately US$249.
A third option is to purchase a domain name blocking service to
remove your key marks from the pool of available domains during the
General Availability phase. This service can be purchased for 1
year or up to 10 years. According to the .sucks registry, the cost
of the blocking service will be 25% less than the cost of a
The .adult and .porn extensions are also being purchased by
companies and individuals in an effort to control the content they
are associated with. The Sunrise Period for these extensions began
on March 1, 2015, and runs until April 1, 2015. Only
domains corresponding to registered trademarks recorded with the
Trademark Clearinghouse are eligible for registration during that
The Sunrise B period runs from April 6 to 30, 2015, and will
only be open to applicants that submitted a successful .XXX Sunrise
B Reservation Request in 2011. Then from May 6 to 31, 2015,
entities which own a .XXX domain name as of April 30, 2015 will
have the opportunity to purchase the matching string in .adult
and/or .porn. Remaining domains will be available to the
public as of June 4, 2015.
The cost of purchasing one of these two domain names varies by
registrar, but they are generally being offered for prices in the
range of US$120 per year for each of the four phases of
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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