The future launch of the .xxx top-level domain (TLD) may represent a significant development for trademark owners. The .xxx TLD was approved by the ICANN Board on March 18, 2011 as a voluntary option for pornographic sites on the Internet. Of course, you might wonder why you should be concerned with the .xxx top level domain. 

As with any current domain name registry, once the landrush and general availability phases are open, the registry will be run on a “first come first served basis” and with no pre-emptive rights protection in place. Although there will be post launch rights protection and dispute resolution mechanisms in place, the opportunity to prevent initial registration of a domain name, for example <brand.xxx> or <trademark.xxx>, linking to pornographic content is important. As discussed below, a preemptory procedure exists whereby brand owners can make defensive registrations of potentially problematic .xxx domain names that feature your registered trademarks and/or service marks.

Beginning on September 7, 2011, qualified applicants can submit a “Reservation Request” to reserve a name in the .xxx top level domain corresponding to a registered trademark that will, if approved, resolve to a standard informational page reflecting the status on the name as “Reserved.” This “blocking program” will enable brand owners from outside the adult entertainment industry to pay a one-time filing fee to block the registration of .xxx domain names matching their existing trademarks, provided they are registered with a national or regional trademark office on or before September 1, 2011. The names will remained blocked for at least the next 10 years, the agreed upon time that ICM Registry will be responsible for maintaining the .xxx extension.

There will be two sunrise periods for .xxx domains commencing on September 7, 2011.  Sunrise A will be for brand and current domain owners from within the adult entertainment industry, and Sunrise B will be for those brand owners outside of the adult entertainment industry who wish to block  their names from use. Both Sunrises will run concurrently for 50 days, through October 27, 2011. 

Complete details of the blocking program’s procedures have yet to be released, but we continue to monitor the situation for any developments.

For more information on the .xxx blocking program, contact Cass Cook or call 202-659-9076.