.XXX Top-Level Domain Set to go Live in 2011

On March 31, 2011 ICANN, the international non-profit organization charged with creating policies for use of the internet, entered an agreement with ICM Registry, LLC (“ICM”) to launch the .XXX sponsored top-level domain (the “.XXX sTLD”). Scheduled to go live in December, 2011, the .XXX sTLD will host web sites dedicated to the adult entertainment industry (the “Sponsored Community”). Registration of resolving .XXX domain names will be limited to members of the Sponsored Community. Trademark owners who are not members of the Sponsored Community will have the opportunity to “block” their trademarks from being reflected at .XXX by registering a “non-resolving” domain name.

Given the proliferation of abusive domain name registrations in the existing global top-level domains (i.e., .com, .net, .org), ICM developed both proactive and reactive policies designed to protect brand owners, especially those outside of the Sponsored Community, from abuse by cybersquatters and other bad actors. This client alert provides an introduction and overview to ICM’s policies and explains how brand owners outside of the Sponsored Community may act to protect their brand names and trademarks from being reflected as domain names at .XXX.