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In December, 2011, it was announced that the [[National Arbitration Forum]] (NAB) would handle the Rapid Evaluation Service; they would also be running a second, similar service for ICM, the Charter Eligibility Dispute Resolution Policy. The NAB has been a [[UDRP]] evaluator since the late 1990s, and have evaluated over 17,000 domain disputes. The system will be paperless, and the Rapid Evaluation Service lets trademark owners quickly and efficiently challenge any infringement, while the Charter Eligibility Dispute Resolution Policy allows users to challenge the eligibility of a .xxx domain owner. Those owners are expected to be companies or individuals professionally involved in the adult entertainment industry.<ref>[http://www.thedomains.com/2011/12/05/nab-announces-its-rapid-evaluation-service-to-handle-xxx-disputes-like-the-udrp-but-faster/ NAB Announces Its Rapid Evaluation Service to Handle XXX Disputes like the UDRP but Faster, The Domains.com]</ref>
In December, 2011, it was announced that the [[National Arbitration Forum]] (NAB) would handle the Rapid Evaluation Service; they would also be running a second, similar service for ICM, the Charter Eligibility Dispute Resolution Policy. The NAB has been a [[UDRP]] evaluator since the late 1990s, and have evaluated over 17,000 domain disputes. The system will be paperless, and the Rapid Evaluation Service lets trademark owners quickly and efficiently challenge any infringement, while the Charter Eligibility Dispute Resolution Policy allows users to challenge the eligibility of a .xxx domain owner. Those owners are expected to be companies or individuals professionally involved in the adult entertainment industry.<ref>[http://www.thedomains.com/2011/12/05/nab-announces-its-rapid-evaluation-service-to-handle-xxx-disputes-like-the-udrp-but-faster/ NAB Announces Its Rapid Evaluation Service to Handle XXX Disputes like the UDRP but Faster, The Domains.com]</ref>
==Controversy and Legal Action==
==Controversy and Legal Action==
[[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both ICM and ICANN over the creation and implementation of the .xxx TLD. This legal action took place in November, 2011, well after its approval and just before the domain's general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX, TheDomains.com]</ref>
[[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both ICM and ICANN over the creation and implementation of the .xxx TLD. This legal action took place in November, 2011, well after its approval and just before the domain's general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX, TheDomains.com]</ref> It also filed an [[Independent Review Panel]] (IRP) Request with ICANN; it is only the second company ever to file such a request, which is somewhat ironic given that ICM was the first to use this mechanism, the outcome eventually overturned the initial denial of a .xxx sTLD. An IRP is a last resort in ICANN beaurcracy, and Manwin filed one because it feels that ICANN's decision to allow .xxx into the root did not “adequately address issues including competition, consumer protection, malicious abuse and rights protection prior to approving the .xxx TLD”.<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand, DomainIncite.com]</ref>
 
== References ==
== References ==
{{reflist}}
{{reflist}}

Revision as of 01:16, 8 December 2011

Type: Private
Industry: Internet, Registry
Founded: Delware, USA, 2000
Founder(s): Jason Hendeles
Headquarters: Suite 2500 130,
Adelaide Street West,
Toronto, Ontario M5H 2M2
Country: Canada
Website: ICMRegistry.com
Twitter: @ICMRegistry
Key People
Stuart Lawley, Chairman and President

Jason Hendeles, VP, Strategic Business Development
Len Bayles, Chief Technical Officer

ICM Registry is the registry operator behind the .xxx registry. The International Foundation For Online Responsibility (IFFOR) is the sponsoring organization,[1] though it has seen by some as not being sufficiently independent and essentially an extension of ICM.[2] .xxx launched as the Internet's 22nd TLD.[3]

History up to Approval of .xxx at ICANN 40[edit | edit source]

  • 2000- ICM Registry was founded by Jason Hendeles in Delaware, USA.
  • 2000- ICM Registry, a private company, submitted a proposal at ICANN’s 2000 Proof of Concept Round, proposing two unsponsored gTLD strings - .kids and .xxx. [4] The evaluators in the Proof of Concept Round recommended against the inclusion of either the .kids or the .xxx TLD strings in the Proof of Concept Round.[5]

After this, ICM Registry's proposal was accepted and later revoked many times.

  • 2007- January 6th, ICANN put up for public comment a revised proposal [6] following changes to the policy of the ICM registry including the policing of any site that signs up to use the .xxx registry.
  • 2007- March 30th, ICANN rejected the .xxx proposal for the third time, citing that the board did not want to get in the business of content regulation, especially when the definition of "pornography" varies by jurisdiction.
  • 2010- February 19th, ICANN's IRP (Independent Review Panel) issued a declaration in its review of ICM Registry's appeal.[7] The Panel found that the application for the ".xxx sTLD met the required sponsorship criteria," and that "the Board’s reconsideration of that finding was not consistent with the application of neutral, objective and fair documented policy."[8] A 45 day public comment was opened on March 26, 2010.
  • 2010- June 25th, ICANN's board approved the proposal at ICANN 40 in San Francisco, USA.[9]

Services offered by ICM Registry[edit | edit source]

ICM Registry intends to provide the registry service for both .xxx and .kids through two of the internet's registry-service providers: dotTV Corporation and Verisign Global Registry Services. Primary registry application functions will be performed by dotTV. Verisign will provide a supporting role for all registration functions, ensuring the registry is reliable and stable.

Marketing[edit | edit source]

ICM Registry announced in September, 2011, that it would be sponsoring world champion, Mike Seebold's, powerboat. The boat is to be unvieled at the 2011 T.R.A.F.F.I.C. conference in Fort Lauderdale, a week before its racing debut at the World Championship in Key West.[10] ICM Registry is a top sponsor for T.R.A.F.F.I.C 2011.[11] In November, 2011, Mike Seebold, in the .XXX boat, won his class in the World Champions Final; the boat did have trouble on two prior qualifying races. Unfortunately, the week of racing was marred by numerous deaths. Michael Berkens notes via his blog that there was a great deal of public interest and acceptance regarding what exactly .xxx is.[12]

Other parts of ICM Registry's marketing plan include video ads featuring a character, Gavin, who flashes between living his normal life with his .com address and his possible new life as a super rich porn dealer made possible by .xxx.[13] The videos were noted as viral hits, and reached international audiences thanks to the variety of subtitles available for them.[14] Some of the more controversial Gavin videos, such as one in which two porn-star types suggestively play with a hotdog, were pulled from YouTube as "deceptive". Apparently, 4 or 5 videos had been yanked by YouTube.[15]

Also in Fall 2011, ICM Registry became a main sponsor of the " Porn Star Road Trip", which sees porn stars traveling for two week stints in a large bus to various nightclubs and industry events. The initial stint sponsored by ICM will see the bus traveling Florida and eventually attending a conference in New Jersey, though there seem to be plans to use the bus and actresses at other future events as well. The .xxx logo is plastered all over the sides of the bus.[16]

At the end of November, 2011, a few weeks before the general availability of .xxx domains, ICM started a media blitz on prominent German and British cable T.V. channels. The media blitz was scheduled to last at least 5 weeks.[17] They had also been busy putting up billboards around the U.S., including in Times Square.[18]

Negative Reaction[edit | edit source]

At least one critic has labelled ICM Registry's business model, from the domain itself to its advertising, as an "intimidation TLD".[19]

In November, 2011, Manwin Licensing International filed a lawsuit in response to ICM Registry advertisements that used pressure tactics, such as running ads with wording like: ".XXX LANDRUSH IS NOW OPEN. PROTECT YOUR BRAND" or "SECURE YOUR DOMAIN. PROTECT YOUR REPUTATION".[20]

Reserved Names[edit | edit source]

Hundreds, even thousands, of celebrity names were placed on permanent reserve lists by ICM registry, stemming the need for individual defensive registrations, and the possibility of exceptional legal action. Beyonce.xxx and BritneySpears.xxx are examples of the well-known names in question. The total reserve list is rumored to be about 15,000 names; this list includes the world's capitals, culturally sensitive affiliations such as various spellings of "Mohamed", and premium names that they intend to auction. ICM registry recieved some flack for protecting the celebrity brand and intellectual property of the individuals on the list but not including other possible trademark and IP holders that will have to defensively register $200 domains to protect their brands from being manipulated under a .xxx string.[21]

Defensive Registration[edit | edit source]

Some of the criticism leveled against ICM, starting during their application process and going forward, was the necessary defensive registration for many brand owners. ICM did make a block list for celebrities and certain other entities. It was reported that many Universites were buying .xxx domains related to their schools, as they did not want someone taking advantage of the name of their school, their sports teams, or their mascots and associating it with sexual material.[22]

Launch[edit | edit source]

Following the opening of the general availability of .xxx domains on December, 8th, ICM Registry declared the launch of the name space a victory, and described it as "the most successful launch of any new sponsored top level domain". Indeed, their international, high-profile advertising campaign, and the nature of the domain itself, attracted a great deal of media coverage.[23]

Sunrise and Landrush[edit | edit source]

ICM Registry reported that it received 80,000 sunrise period applications, though this was before they verified the applicants' trademark claims. Half of those applications were received during the last week of sunrise, causing the registry to delay the auction period of the sunrise as it validated each applicants' trademark claims.[24]

The landrush period began November 8th, 2011. The price for domains is comparatively high, which could dissuade some domainers. However, prominent domainers such as Frank Schilling and Mike Berkens have already become involved through the Founders Program.[25]

Founders Program[edit | edit source]

The Founders Program allowed ICM to sell and allocate about 1,500 .xxx names to 35 companies ahead of its official launch of September, 2011.[26] The program raised over $4m. The first to go live, in August, 2011, was casting.xxx. 9 addresses sold for over $100,000; the most expensive domain was Gay.xxx, which sold for $500,000 to Liberty Media Holdings.[27]

The program was developed specifically for adult webmasters, who were interested in developing a .xxx address ahead of general availability of the namespace. It was targeted at those individuals moving their current brands and websites into the new space and also at those who were interested in starting completely new sites on previously unavailable names, such as videos.xxx.[28] It was their hope to see the .xxx become a more content-rich namespace given that many of the most premium .com addresses are in the hands of professional domainers who keep the pages parked and do not develop them. ICM touted the fact that one of the world's wealthiest domainers, Frank Schilling, got involved with his first TLD launch by negotiating a 7 figure deal to acquire premium names that he would then develop with prominent companies in the adult industry. Names acquired include free.xxx, hot.xxx, and live.xxx. The founders program involved a strict agreement that required the domain to be developed and not parked.[29]

General Availability[edit | edit source]

General Availability for .xxx domains was opened on December 6, 2011. It created quite a buzz in the industry, and was picked up by non-industry news sources as well; CNN, for example, highlighted the story as a top feature on its website.[30] The availability was set to open at 16:00 UTC, but was delayed by one hour until 17:00.[31] Their site pushing general availability, buy.xxx, was receiving near 1 million visitors per day surrounding the time of general availability.[32]

ICM revealed through a tweet that the first domain purchased during .xxx general availability was IOwn.xxx.[33]

In the first 24 hours of general availability, ICM sold some 55,367 domains. Counting the landrush and sunrise periods, the first day of General Availability brought the total of domains sold to about 160,000.[34] It was estimated that on its first day ICM brought in $3.3 million in revenue, with over half a million of that to be given to its International Fund For Online Responsibility (IFFOR).[35]

Notable Deals[edit | edit source]

In October, 2011, Gay.xxx was sold for $500,000. It was the highest priced domain yet for .xxx.[36]

In December, 2011, it was announced that a prominent English pornographer, Paul Raymond, was transferring much of his adult portfolio to .xxx; this involves both previous websites, and destinations related to printed materials. these sites will now include paulraymond.xxx, prpvod.xxx, razzledating.xxx, mensworlddating.xxx, menonlydating.xxx, escortdating.xxx, adultsportdating.xxx, clubdating.xxx, fantasydating.xxx, mayfairdating.xxx, and paulraymonddating.xxx. It was not announced whether or not some of his best-known titles, the magazines Mayfair and Razzle, would also be given .xxx sites. This represents the single largest portfolio migration to date for ICM. The move was expected to take effect by February, 2011.[37]

ICM had been sponsoring numerous Paul Raymond events.[38]

It was also announced in December, 2011 that $700,000 worth of domains had been sold to Clips4Sale, which operates a number of clip-oriented porn sites. The sale was made up of a total of 30 domains, with the single most expensive being a $300,000 domain name; two others were sold for over $80,000.[39]

Cyber-Squatting[edit | edit source]

One of its moves to calm worried trademark holders is its aggressive anti-cybersquatting policy. The Rapid Evaluation Service hopes to shut off any obvious, registered infringements within a period of days.[40]

In December, 2011, it was announced that the National Arbitration Forum (NAB) would handle the Rapid Evaluation Service; they would also be running a second, similar service for ICM, the Charter Eligibility Dispute Resolution Policy. The NAB has been a UDRP evaluator since the late 1990s, and have evaluated over 17,000 domain disputes. The system will be paperless, and the Rapid Evaluation Service lets trademark owners quickly and efficiently challenge any infringement, while the Charter Eligibility Dispute Resolution Policy allows users to challenge the eligibility of a .xxx domain owner. Those owners are expected to be companies or individuals professionally involved in the adult entertainment industry.[41]

Controversy and Legal Action[edit | edit source]

Manwin, one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both ICM and ICANN over the creation and implementation of the .xxx TLD. This legal action took place in November, 2011, well after its approval and just before the domain's general availability.[42] It also filed an Independent Review Panel (IRP) Request with ICANN; it is only the second company ever to file such a request, which is somewhat ironic given that ICM was the first to use this mechanism, the outcome eventually overturned the initial denial of a .xxx sTLD. An IRP is a last resort in ICANN beaurcracy, and Manwin filed one because it feels that ICANN's decision to allow .xxx into the root did not “adequately address issues including competition, consumer protection, malicious abuse and rights protection prior to approving the .xxx TLD”.[43]

References[edit | edit source]

  1. About ICM Registry
  2. Lawley Quits as XXX Sponsor Chairman, DomainIncite.com
  3. IOwnxxx Becomes 1st XXX Domain Name, TheDomains.com
  4. ICANN.org
  5. ICANN.org
  6. "ICANN Publishes Revision to Proposed ICM (.xxx) Registry Agreement for Public Comment"
  7. "Public Comment: Report of Possible Process Options for Further Consideration of the ICM Application for the .xxx sTLD"
  8. "ICANN Options Following the IRP Declaration on ICM's .xxx Application"
  9. Miguel Helft (June 25, 2010). "For X-Rated, a Domain of Their Own"
  10. Coming Soon XXX Speedboat, DomainNameWire.com
  11. TargetedTraffic.com
  12. Death, Victory, Acceptance, TheDomains.com
  13. YouTube.com
  14. dotXXX Launches Globally With Subtitled Videos, blog.dotsub.com
  15. YouTube ads, TheRegister.co.uk
  16. News, naughtyPR.com
  17. Buy xxx Media Blitz Starts Tonight, TheDomains.com
  18. YouTube Ads, TheRegister.co.uk
  19. XXX .sucks What is the Next Intimidation TLD, DomainShane.com
  20. Blog, TechDirt.com
  21. Domains with Celeb Names Banned, TheRegister.co.uk
  22. Universities Try to Keep Their, Blog.Cleveland.com
  23. ICM Announces General Availability of XXX Domain Names, CircleID.com
  24. XXX Sunrise Auctions Delayed after 80k applications, DomainIncite.com
  25. xxx Faces Big Test as Landrush Kicks Off, DomainIncite.com
  26. DomainPulse.com
  27. for gay dot xxx address, TheRegister.co.uk
  28. TodayISP.com
  29. ICM Registry successfully concluded its, DomainNews.com
  30. XXX Lanuch Makes Front Page of CNN, TheDomains.com
  31. LogicBoxes, Status, Twitter.com, Dec611
  32. ICM Announces General Availability of XXX domain names
  33. IOwnxxx Becomes 1st XXX Domain Name, TheDomains.com
  34. ICM xxx 1st 34 hours of GA 56000 registrations, TheDomains.com
  35. 55367 xxx domain names registered in first 24 hours, DomainNameWire.com
  36. This XXX Was the Highest Selling Of all 2011-12, BusinessInsider.com
  37. Paul Raymond Rebrands under XXX, DomainInctie.com
  38. The Leading UK Adult Internet Company Rebrands to XXX, TheDomains.com
  39. ICM selles 700000 of XXX Domains to Clips4Sale, DomainIncite.com
  40. Domains with Celeb Names Banned, TheRegister.co.uk
  41. NAB Announces Its Rapid Evaluation Service to Handle XXX Disputes like the UDRP but Faster, The Domains.com
  42. Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX, TheDomains.com
  43. YouPorn Challenges New gTLDs with Review Demand, DomainIncite.com

External links[edit | edit source]