Protect Your Mark in the .xxx Domain

After much debate, ICANN (the Internet Corporation for Assigned Names and Numbers) has approved the use of .xxx as a domain, which will be used solely for adult entertainment websites. The .xxx domain will work in the same manner as a .com or .net domain. The goal of adding this domain is to make firewalling adult entertainment websites easier for parents and businesses.

As you might expect, most companies are eager to prevent their marks from being used in the .xxx domain. Can you imagine how Disney might feel about www.disney.xxx displaying graphic adult content? In order to address these concerns, the ICM Registry, which operates the .xxx domain, will allow holders of federally registered trademarks to block .xxx domain names during a preemptive “Sunrise” period, which begins September 7, 2011. During this 30-day period, federally registered trademark holders may block the use of their marks in the .xxx domain so that their marks are not associated with adult content. But beware: one cannot prevent the use of unregistered marks or misspellings of your federally registered marks.

Always be proactive in protecting your brand. If you have a federally registered trademark, we suggest you block its use in the .xxx domain during the Sunrise period and then consider registering .xxx domains for any unregistered marks you use and common misspellings of your marks to prevent others from acquiring such domains.

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