ARTICLE
23 August 2011

Protecting Trademarks From Registration On The ".XXX" Domain

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The Internet Corporation for Assigned Names and Numbers (ICANN), the international non-profit organization charged with creating policies for use of the internet.
Canada Intellectual Property
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The Internet Corporation for Assigned Names and Numbers (ICANN), the international non-profit organization charged with creating policies for use of the internet, recently approved the internet domain ".xxx" for use specifically by the adult entertainment industry. Companies outside the adult entertainment industry that are concerned about their trade names/trademarks being used in connection with a ".xxx" adult entertainment domain name can apply to opt-out of ".xxx".

Owners of businesses who wish to protect their names from being registered and used as part of the ".xxx" domain can apply to ICM Registry, LLC (ICM), the company responsible for operating the ".xxx" domain, to prevent the registry of their trademarks on the ".xxx" domain. ICM has established the Sunrise B process that runs from September 7, 2011 to October 28, 2011. During this time, owners of trademarks registered as of September 1, 2011 may submit applications to have their trademarks permanently blocked from ".xxx" registration. When visiting a domain name registered under Sunrise B, users will be directed to a standard informational page indicating that the domain name is not available at ".xxx".

In the event that a Sunrise B candidate applies to have registration blocked and a member of the adult entertainment industry applies to have an identical registration approved, the member of the adult entertainment industry will be given preference. However, that member will be given notice of the Sunrise B application and will not be able to claim lack of notice in any subsequent dispute. 

For more information about adult entertainment domain names and the Sunrise B process, please visit ICM's website

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.

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