Type: Law Bulletins
Date: 10/03/2011

New .XXX Domain Registry: How to Protect Your Brands

With the launch of the new .XXX domain name space, trademark owners should take advantage of a limited time period to prevent their trademarks from being registered by others and associated with the adult entertainment industry. 

Trademark owners who wish to block .XXX registration of their trademarks for registration by third parties (for an initial ten-year term) may do so during the Sunrise Phase B.  The Sunrise periods run from September 7 to October 28, 2011 and the cost for an initial blocking term is generally between $200 – $300 depending on the registrar you choose. In order to apply for a Sunrise B "blocking" registration, you must submit evidence of ownership of an International or US Federal trademark registration that was issued before September 1, 2011 identically matching (with minor exceptions for special characters) the proposed domain name.

During Sunrise Phase A, owners of registered trademarks operating in the online adult entertainment industry can apply for domain names corresponding with their trademark. 

After the Sunrise period has closed, domain names in .XXX will be available to members of the adult entertainment industry who did not qualify for a Sunrise A registration from November 8 – November 26, 2011.  Finally, any remaining domain names will be available to the general public for registration on December 6, 2011. 

Based upon these dates and requirements, if you are a trademark owner who owns an International or US Federal trademark registration that issued before September 1, 2011, you may want to strongly consider applying for a blocking registration during the Sunrise B period, particularly if your trademark is one that may be susceptible to legitimate fair use by a third party in the Sponsored Community.  

For more information on how to proceed and, if desired, assistance on how to protect your brand and domain, please contact any member of Taft’s Intellectual Property Practice Group.

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