XXX Domains: You Have Until Friday to Act (Really!)

“The adult entertainment industry is notorious for choosing web addresses that capitalize on the web traffic of others. Porn sites often utilize domain names that are common misspellings of popular websites so that users who are looking for a product or service accidently end up on the adult site. (From The Clock is Ticking on .XXX Domain Names – Sunrise B Option Expires on 10/28/11 by Jaburg Wilk)

The sunrise period for blocking the use of your trademark in an .XXX domain name ends on Friday, October 28. For trademark owners who still have questions, five answers from lawyers and law firms on JD Supra:

1.What’s this all about?

“ICANN … has established .xxx as a generic top-level domain (‘gTLD’) similar to .com, .net and .org … the .xxx gTLD intended for use by the adult entertainment industry. The ‘Sunrise B’ period — during which trademark owners can apply to prevent their registered trademarks from being used without authorization in .xxx domain names — ends on October 28, 2011. (From Preventing the Unauthorized Use of Trademarks with a .xxx Generic Top Level Domain — Action Required by October 28, 2011 by Schnader Harrison Segal & Lewis LLP)

2.Why should I care?

“Brand owners will want to ensure that their brand is not “hijacked” by adult content providers … such as ‘apple.xxx’, ‘pepsi.xxx’ and ‘hilton.xxx’. Any brand which trades on its reputation would be well advised to consider registering a blocking application.” (From Introduction of .xxx websites – protecting your brand by International Lawyers Network)

3.What do I need to do?

“… owners of federally or internationally registered marks may ensure that their marks are not registered by others as domain names in the dot-xxx TLD, by filing a Reservation Request to have those marks blocked [with] ICM Registry [which] will remove from the pool of domain names available for registration in future phases of the dot-xxx registry, a domain name that corresponds to the complete textual component of the registered mark.” (From Deadlines approaching on a Whole New World (Wide Web): Institutional TLDs and .xxx by Ingram Yuzek Gainen Carroll & Bertolotti, LLP)

4. What does it cost?

“The owner of a registered trademark who wishes to opt-out and prevent its trademarks from being registered as second-level .xxx domain names may do so by paying a one-time fee of about $250 – $350 to block each registered trademark from being used as a second-level domain.” (From Opt-Out Protection for Registered Trademarks in New Domain Space by Winthrop & Weinstine, P.A.)

5. What if I miss the deadline?

“Once the general availability period is open, registration and blocking will be conducted on a first-come first-served basis, with no preemptive rights protection in place. By taking advantage of the Sunrise period, trademark owners can ensure the highest probability of registering or blocking desired .XXX domains. (From The .XXX Top Level Domain: What Do I Need to Know Now? by McDonnell Boehnen Hulbert & Berghoff LLP)

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