Preventing the Unauthorized Use of Trademarks with a .xxx Generic Top Level Domain — Action Required by October 28, 2011


established .xxx as a generic top-level domain (“gTLD”) similar to .com, .net and .org. The .xxx gTLD is 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. By filing applications during the Sunrise B period, trademark owners may avoid costly litigation in the future.

The Internet domain registration system does not include an automatic screening procedure to prevent unauthorized use of trademarks. Therefore, it is incumbent upon trademark owners to take necessary actions to protect their trademarks against misuse.

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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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