Do You Want Your Name to Be Part of a New .XXX Domain? What Trademark Owners Need to Know

There is a great deal of controversy and debate among brand owners about how to deal with the issuance of new top-level domains (TLD) by the Internet Corporation for Assigned Names and Numbers (ICANN). Should they defensively register all their trademarks under every newly issued TLD to avoid potential problems with cybersquatters or should they refuse to be forced into doing so and just address specific problems when they arise?

In most cases, the issue involves a fairly innocuous TLD. However, the recently approved .XXX TLD is of a different variety. ICANN has designated this TLD for specific use in domains for websites with adult content, something with which many brand owners may not want their trademarks associated in any form.

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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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