Registered Trademark Holders Rush to Meet XXX Domain Block Period

Owners of registered trademarks are facing new issues with their registered trademarks being potentially associated with unwanted industries. Beginning in September 2011, a new generic top level domains (gTLD) ending with .XXX will be created for use by the adult entertainment and pornography industries specifically. Registered trademarks not associated with pornography may be gleaned by other businesses associated with pornography for use in these new .XXX domain names, therefore associating the registered trademark with pornography. These domains are set up to be launched in December of 2011.

A period called the “Sunrise B Period” began on September 7, 2011, and ended on October 28, 2011. During this period, owners of registered trademarks were allowed to block their relevant names associated with their registered trademark so that the names could not be used by the pornography businesses. After the conclusion of that period, all domain names associated with registered trademarks who had successfully applied to have their trademark names and related domains excluded from the new .XXX domains would have their sites become simple informational pages beginning on November 8, 2011.

A concurrent period, the “Sunshine A Period”, began and ended on the same dates and allowed the adult entertainment industry to register their domain names ending with .XXX during that time if they corresponded to already existing gLTDs such as .net, .com, .org., etc. Following the Sunshine A period, and beginning November 8, 2011, the adult entertainment industry has the option of obtaining domain names that weren’t excluded during the Sunshine B Period. This period is termed the “Landrush Period”. Access to un-blocked names during this period is on a first-come-first-serve basis to businesses within the adult entertainment industry. Beginning on December 6, 2011, the general public will have access to all remaining, unclaimed domain names for the .XXX ending. This period is called the “General Availability Period”.

The Sunshine B Period was available to all owners of a U.S. trademark, as well as international equivalents. U.S. trademark applications that were pending, as well as U.S. registrations on the supplemental register, common law trademarks, unregistered and state trademarks were not eligible for the Sunshine B Period lock out. All of those who were able to block their trademarks must have been valid as of September 1, 2001, with the corresponding domain name matching the exact registered trademark.

In some cases, several parties not associated with the adult entertainment and pornography industries might have access to the same domain name and request to have it blocked from the adult entertainment industry associated domains. In that case, the domain name will still be blocked, but registration fees will not be refunded to any party.

In cases where several adult entertainment industries apply for the same domain name, the name will be auctioned off to the highest bidder. If both Sunshine A and B companies applied for the same domain name, notification will be provided to both parties of the claim to the said trademark. The Sunshine A party would be notified of the claim by the Sunshine B party so that it could withdraw its claim. If the Sunshine A party did not withdraw the claim, the domain would again be auctioned off to the highest bidder. The first-come-first-serve availability of domain names is only applicable during the Landrush and General Availability periods, not during either of the Sunshine Periods.

There had been some question as to whether or not accidental variations of trademarks, such as type errors, could be registered along with the correct version of the registered trade marks during the Sunshine Periods. Unfortunately, only the exact trademark names will be registered. However, all variations of the registered trademark domain names will be available during the General Availability period beginning December 6, 2011. Interested parties are encouraged to check with domain registration companies, such as GoDaddy, for the availability of pre-registration of remaining domain names including variations and type-errors of original registered trademark names.
Owners of registered trademarks who do not make the Sunshine B period, or register their trademark names and domains as available during the subsequent periods, may find their treasured trademark name associated with the adult entertainment industry. Once claimed, trying to reclaim purchased domain names becomes a more expensive proposition as the names must often be purchased for a higher price from their new owners. In this situation, some may have to try to reclaim their name from unauthorized third parties through a Uniform Domain Name Resolution Policy process or other type of settlement.

Warnings Issued for Baby Slings After Infant Deaths

March 22, 2010 (by Attorney Michael Ehline) According to reports by baby sling injury attorney, Michael Ehline, the government has issued warnings about the popular baby slings after deaths. There have been approximately 13 deaths investigated by the Consumer Product Safety Commission of the infant carriers known as baby slings during the last 20 years.

SlingRider

This includes three deaths that were investigated during the past year and one case still under investigation. They also stated some of the infants that died were of low birth weight, a twin, had a cold or were born prematurely. According to the Consumer Product Safety Commission twelve of the deaths involved infants that were under four months of age. They are advising parents and caregivers to use caution when using these carriers for infants under four months.

The agency has said that baby slings can cause suffocation into separate ways. The fabric of the sling can cover the baby’s nose and mouth suffocating the infant within one or two minutes. The second way that infants can have their breathing restricted is insulin use that form a C, in which the baby is near mother’s belly or other person and due to weak to control can flop ahead forward to the chest causing restricted breathing that can result in suffocation. In this position the infant will be unable to cry alerting the person carrying them in the baby sling.

The slings are made of a soft material and designed to make carrying an infant easy and allow bonding. These types of carriers have become popular and are known as baby wearing and are used by many nursing mothers. They are promoted by some baby experts as a way to calm a fussy infant. Consumer Reports became concerned, alerting in 2008 about baby slings after there were about two dozen injures including skull fractures after an infant fell from the carrier.
According to court records Safety Advocates warned last year after the death of one week old Derrik Fowlerz from Oregon who died in a baby sling due to positional suffocation.

The bag styled slings concern safety advocates the most due to the fabric that wraps around the parents neck cradling the child in a perfect position. According to the director of the breast-feeding Center for greater Washington not all baby slings are dangerous. Director Pat Shelley says that carrying the newborn infant allows the baby to rest solidly against mother’s body in a preposition. Shelley also stated in an interview that parents should be instructed about positioning the child correctly to keep their chin off of their chest, which can obstruct the Airways and proper breathing. Shelley being a nurse conducts class at the breast-feeding Center on how to properly wear a sling with an infant.

One of the slings that have been singled out by safety advocates is the SlingRider by Infantino, due to the curved position the infant can fall into inside of this baby sling. This is also the type that one week old Derrik Folwer suffocated in according to court documents and his parents claim against the company. A statement by Infantino said while they appreciate the actions that have been taken by the Consumer Product Safety Commission and will work with them, the parents and caregivers to address concerns about the baby slings. The company also stated they maintain their SlingRider infant carrier is safe.

Industry trade group chairman Inez Tenenbaum stated at a meeting of Juvenile Products Manufacturers Association that certifies 20 children’s products warned they were going issue a warning to parents three days ago. The organization that voluntarily sets safety standards have no current rules about the baby slings or the potential dangers associated with them.

More Toyota Death Claims

February 16, 2010 (by Horatio Algren) According to reports there have been more reports of deaths that might be related to sudden acceleration defects.

According to reports the U.S. Government officials have stated there are now 34 Toyota deaths that have occurred since 2000 that could be possibly related to sudden acceleration in Toyota vehicles. During the past three weeks there have been complaints received in 13 deaths that could allegedly be connected with the Toyota vehicles acceleration problem.

The National Highway Traffic Safety Administration has also had a dramatic increase in their database in the past week or two with it complaints concerning the Toyota Prius hybrid since the recall was issued.

In the past four months Toyota Motor Corp has issued recalls totaling 8.5 million of their vehicles globally because of problems with floor mats, accelerator pedals and brake issues.

All About Defamation of Character

Defamation:
All About Defamation Great video all about the tort of defamation of character. Hope you like it!