Registration of .XXX top-level domains, specifically for
adult-oriented websites, will be launched on 7 September
2011.
The introduction of the new top-level domain brings a new risk to
IP rights holders, whose trademarks may be used by cybersquatters
registering a porn-content website with a .XXX domain.
Trademark holders do not need to register .XXX domains for
themselves to protect their trademark from being associated with
pornography. They can also submit a motion to permanently block the
registration of a particular name (eg trademark.xxx) which, once
blocked, will redirect internet users to a page informing them that
the name has been excluded from .XXX registration.
The trademark holders may submit motions to block the registration
of their domain names from 7 September 2011 until 28 October 2011,
paying a one-off fee of c.US$200-300.
Anyone who does not submit a motion within this period to block the
registration of their domain names will only be able to protect a
trademark by buying the .XXX domain, for which the ordinary
registration fee is US$75 a year.
They could also wait and take action only when their IP rights are
violated, by initiating either a rapid 48-hour domain take down
procedure (in obvious cases), the standard domain name dispute
resolution procedure or a regular court action.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 19/08/2011.
