XXX Domains: It Ain’t Over ‘Til the Red Light Goes Out…

The general availability period for obtaining an .XXX domain is here. That means that anyone—a person, company or organization, whether or not they’re part of the adult entertainment industry—can apply for an .XXX domain name. If you haven’t blocked YourCompanyName.XXX, there’s still time to do it. That’s the good news. The bad? .XXX domains will be handed out on a first-come, first-served basis, so you’d better hurry. 

Here’s a roundup of what you need to know about the new .XXX registration period, from intellectual property lawyers on JD Supra: 

A Green Light to Block Red Light Domain Names (Bracewell & Giuliani LLP):

“Presuming the desired .XXX domain name is available if a brand owner did not have qualifying rights under the “Sunrise B” period … they may be able to proceed with an application during General Availability. There are rights protection mechanisms available, particularly in the event that a brand owner’s mark is incorporated into an active .XXX site by a member of the adult sponsored community (such as the Uniform Dispute Resolution Policy), but preemptively reserving a .XXX domain name may be a more cost-effective and preventative approach.

A blocked domain will resolve to an informational page stating that the domain has been reserved and further prevent other interested parties in acquiring and/or using it. The intent of the reservation of the .XXX domain name is to protect the brand owner’s valuable intellectual property rights. There is an annual registration fee of approx. $100 per domain name plus attorney time to prepare the application.” Read full update»

.XXX Domain General Availability Starts December 6, 2011 (McNees Wallace & Nurick LLC):

“Starting December 6, 2011 .xxx domain registrations will be available for the general public. Only members of the Adult Sponsored Community will be able to host content at .xxx domains. However, anyone can purchase a domain name. Those who were not able to block .xxx domains that correspond to registered trademarks during the Sunrise B period can secure defensive .xxx registrations once the registry is open to the general public. Domain names registered by non-members of the Adult Sponsored Community cannot host websites with any content and their domain will simply not link to a website.

This is the time for businesses to block non-trademarks (company names, slogans) or variations of trademarks blocked in Sunrise B that could abused by cyber-squatters. Absent a domain registration block secured during the Sunrise B period, securing a defensive .xxx domain registration is the only pre-emptive protection available. Post-registration remedies for cyber-squatting, such as ICANN’s Uniform Dispute Resolution Procedure, can be significantly more costly than owning a pre-emptive domain registration.” Read full update»

“Last Call” To Protect Your Trademark In The “.XXX” Top-Level-Domain (Loeb & Loeb LLP):

“Beginning December 6, anyone may register a ‘.xxx’ domain name on a first-come, first-served basis. Owners of pending federal applications that have not yet proceeded to registration, owners of previously-registered trademarks which have since lapsed or abandoned, owners of common law trademarks and owners of trademarks which otherwise do not qualify for the Sunrise B registration may defensively register their trademarks as .xxx domain names, if available, beginning December 6, 2011.” Read full update»

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