What To Do About the .SUCKS New gTLD

Katten Muchin Rosenman LLP
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In connection with its New Generic Top-Level Domain (gTLD) Program, as of March 2015, the Internet Corporation for Assigned Names and Numbers (ICANN) has delegated nearly 550 new gTLDs. This significant expansion of the Internet landscape, encompassing registries reflecting brand names, generic words, and geographic terms, has prompted many organizations to evaluate and refine their Internet brand enforcement strategies. Recently, Vox Populi Registry, operator of the new .SUCKS gTLD, announced its launch policies, reflecting a business model that will likely raise particular concerns for brand owners. In particular, trademark owners may be required to pay up to $2,499 per year to maintain domain name registrations corresponding to their trademarks—an amount greatly exceeding most other pricing in place for domains in new gTLDs.

In addition to pricing models that may be of concern for brand owners that are already facing budgetary challenges as a result of adapting to new gTLDs, .SUCKS is also offering six registration categories, including: Sunrise; Premium; Sunrise Premium; Standard; Domain Block; and Consumer Advocacy Subsidized, with each category having its own registration criteria and timeline. The category delineations, criteria, and timelines are more complex than those associated with most new gTLDs delegated to date, resulting in further potential confusion for brand owners working to determine how to protect their brands in the .SUCKS registry.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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