The ICM Registry has recently published a white paper on .XXX Domains and Trademark Issues .

This seven pages report seesm to be an answer to Hustler and other trademark holders .

A few days ago,Michael Klein ,Hustler President said that the ICM Registry is prohibited from registering or selling to a third party any .XXX domain names that will contain their Hustler trademak .

Some highlights from the report include :

• “ICM Registry has adopted more extensive protections for existing domain name holders  and  trademark  owners  than  ever  implemented  by  any  previous  registry. ”
• “Also,  ICM  has  added  new,  robust  dispute  resolution procedures to address potential trademark infringement, including a Rapid Evaluation Service to resolve disputes quickly.”
• “The  Registry accepts applications for new domain names under the .xxx extension, and manages the database of such domains.  Like other industry-specific registries, the Registry limits registrations to those applicants verified as members of the designated industry.”
• “If more than one sunrise application is made for a name by  different  applicants,  all  such  applicants  for  that  name  will  be  notified  of  the  other applications.   In the event any applicant proceeds with a registration request after such notification, that applicant will be deemed on notice of the intellectual property claims submitted by the other sunrise applicants.”
• “Of course, all registrants of domain names will be subject to the UDRP. ”
• “In addition to these procedures, ICM will implement two new methods to prevent abusive registrations.  The Charter Eligibility Dispute Resolution Procedure will be available to challenge any registration by an entity that is not a member of the Sponsored Community and therefore not qualified to register a resolving name in the .xxx TLD. ”
• It has been suggested – perhaps carelessly – that if any domain name is registered on the Registry by a registrant that incorporates a term or terms in which another party claims to hold pre-existing rights, ICM would be subject to legal claims for trademark infringement, unfair competition, and the like.  There is no authority for this astonishing claim.  United States federal courts have been exceedingly clear in holding that neither domain name registries nor registrars are liable for the mere processing of domain name registrations.  As one court presented with such a claim explained, “Congress did not cause defendant as a domain name registrar, or as keeper of the registry, to be subject to civil liability,” because if it had done so, “it would cause the domain name registration system in its entirety not to be feasible.”