The .xxx top-level domain (TLD) was approved recently and will
soon become available to members of the adult entertainment (AE)
industry. This development creates new opportunities for the
industry in question but also raises concerns for brand owners in
other sectors, who may not want their trade marks to be used as
part of a .xxx domain name.
The ICM Registry, which will operate the .xxx domain name registry,
has announced two concurrently-running "Sunrise" periods,
tentatively scheduled to begin in September 2011:
- Sunrise A - catering only for applicants operating within the adult entertainment (AE) industry and who operate an existing domain name;
- Sunrise B - open to applicants outside that industry and who already own a trade mark registration (of national effect), but who wish to opt out of the .xxx TLD .
A "Landrush" phase will commence after the Sunrise
periods and will be open to all members of AE industry and
thereafter all remaining .xxx domain names will be available on a
first-come first-served basis, provided that the successful
applicant is a verified member of the AE industry.
As always, intellectual property should be suitably
protected. Contact Spoor & Fisher for further information
and advice regarding the processes, requirements, mechanism and
costs of applying for or opting out of the .xxx TLD.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
