Intellectual Property News - September 2011 - Limited Window to Prevent Trademark Uses in Internet Red Light District Domains (.XXX)


As of September 7, 2011 the Internet Corporation for Assigned Names and Numbers (ICANN) will begin offering .xxx domain registrations. The registry will be operated by Florida-based ICM Registry (ICM), the company that first applied for the .xxx domain in 2004. ICM’s intent is to create designated domains for adult content which are operated under its policies which are intended to reduce malware, SPAM, and intellectual property infringement. The .xxx domain also represents the creation of new internet real estate and, because any string ending with .xxx can be purchased, the launch of .xxx represents an opportunity for domain squatters and trademark infringers. In other words, your trademark could become associated with a .xxx domain and website. Fortunately, you have options to prevent this from occuring.

Sunrise B Opt-Out Period Owners of registered trademarks who are not involved in the adult entertainment industry, and who do not want their trademarks to appear in a .xxx domain owned by a third party will have the opportunity to prevent such domains from being purchased – but only if they act during a limited period of time. ICM Registry has provided an opt-out period called Sunrise B for owners of registered trademarks to block .xxx domains that contain their registered marks. The key facts you should know about Sunrise B...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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