Trademark Registration Owners Have Limited Window to Block New Adult Content Oriented Top Level Domains

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While a number of parties might be eager to secure a new top level .xxx domain for adult content material, most of our clients will prefer to remain disassociated from the adult content community. If you own a trademark registration, filings can be made with a number of registrars in a window beginning September 7, 2011, and ending October 28, 2011, to prevent the registration of your_trademark_registration.xxx by any party. A complete list of registrars performing this service is provided at www.icmregistry.com/registrars.php.

As long as no party owns a trademark registration identical to yours, then a proper application accompanied by the prescribed fee filed during this window should block your_trademark_registration.xxx from being made available for use by any party for the term advertised by the registrar. Concurrently, those parties active in the adult content community can also file applications in this time window extending from September 7, 2011 to October 28, 2011, to attempt to secure their trademark registration, or other top level domain, as a .xxx domain. In the event of competing applications, those parties owning trademark registrations or other identical top level domains applying to register .xxx will likely prevail, but there remains the possibility that even if your trademark is also owned by another trademark registration owner for an adult content use or used with another top level domain, those parties might fail to file an application before the October 28, 2011 deadline, thereby potentially blocking them from being able to do so in the future based on your domain block filing.

Please see full article below for more information.

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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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