In a real life version of the classic "prisoner's dilemma" game theory, companies are now weighing the significant costs of registering their brands and corporate names during the new .SUCKS gtld Sunrise Period, versus waiting for the general registration period when the .SUCKS domain names become significantly cheaper, but then facing the very real possibility that YOURCOMPANY.SUCKS may irretrievably be taken by a disgruntled customer or ex-employee. Clearly, the situation is .PROBLEMATIC. 

The .SUCKS top-level-domain (TLD), operated by Vox Populi Registry Ltd., became available for domain name purchase and registration this week during the "Sunrise Period" slated to run from March 30, 2015 through May 29, 2015.  During this period, any company with a federal trademark registration that registered its trademark with the Trademark Clearinghouse may apply for the identical trademark.SUCKS domain name.  The standard price for a .SUCKS domain name during the Sunrise Period is $2,499, a hefty price for a domain name that can add up if a company owns multiple brands. But allowing a .SUCKS domain name bearing your trademark to fall into the wrong hands could significantly and perhaps irrevocably tarnish your brand. Unlike certain other TLDs for special communities (.BANK) and regulated industries (.PHARMACY) eligible only to certain bona fide applicants, the .SUCKS TLD will be available for general registration by anyone.  General availability is set to launch on June 1, 2015 with registration costs that may be as low as $10.  

Vox Populi envisions that the .SUCKS TLD will spark conversation: "By building an easy-to-locate, 'central town square' availably 24 hours a day, 7 days a week, 365 days a year, dotSucks is designed to help consumers find their voices and allow companies to find the value in criticism."  Peeling back this lofty language, the .SUCKS gtld community has the opportunity for every upset customer, terminated employee, ex-vendor or crazy living in his parent's basement to register YOURCOMPANY.SUCKS and launch a gripe site under the domain name.  Even more problematic with the .SUCKS domain names is that ACPA (Anticybersquatting Consumer Protection Act), and ICANN panels applying the UDRP (Uniform Domain Name Dispute Resolution Policy), may rule that all .SUCKS domain names are protected under the First Amendment and refuse to transfer these domain names to trademark owners. 

Accordingly, trademark owners should strongly consider paying the price and registering their important trademarks during the Sunrise Period, with the understanding that only owners of national registrations registered with the Clearinghouse will be eligible. Beginning June 1, any party may purchase a .SUCKS domain name on a first-come, first-served basis.  Companies, understanding the risk, may want to queue their names with a domain name registrar so that they can grab relevant domain names for their other marks as soon as the domains launch to the general public. Finally, beginning June 1, any party may purchase a .SUCKS domain name to block the domain for $199.  

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.