The Launch Of .PORN & .ADULT TLDS

by DLA Piper
Contact

In 2011, the Internet Corporation for Assigned Names and Numbers (“ICANN”) made waves by approving the first adult entertainment industry-specific top-level domain (“TLD”), “.XXX,” administered by the ICM Registry.  At that time, many brand owners sought to protect their trademarks from cybersquatters on the .XXX registry by obtaining .XXX domain name registrations for one or more of their trademarks before the registry opened to the general public during the sunrise period. 

On December 6, 2014, ICANN delegated two new adult entertainment generic top-level domains (“gTLDs”) to the ICM Registry, “.ADULT” and “.PORN.” Brand owners who have registered their trademarks with the Trademark Clearinghouse (“TMCH”) will have the opportunity to block cybersquatters from registering their trademarks on the “.ADULT” and “.PORN” gTLDs during the sunrise period from March 2, 2015-April 1, 2015.  During this sunrise period, only those entities and individuals who have registered trademarks with the TMCH will be able to register domain names on the new .ADULT and .PORN gTLD registries.  

ICM Registry will also afford current .XXX registrants the opportunity to obtain identical domain name registrations for one or both of the .ADULT or .PORN gTLDs from May 6, 2015 – May 31, 2015.  For example, if a brand owns the domain name COMPANY.XXX, the brand would also be able to obtain registrations for COMPANY.ADULT and COMPANY.PORN during this period. 

On June 4, 2015, the .ADULT and .PORN gTLD registries will open to the general public.  As such, any individual or entity will be able to obtain domain name registrations for these gTLDs on a first come, first serve basis.  Thus, brand owners who wish to avoid the potential association of their brand with unsavory content should take advantage of either the sunrise period with the TMCH or, if eligible, the domain name matching program to secure their core marks on the .ADULT and .PORN  registries.  

If a brand has not yet registered its trademarks with the TMCH, it is still possible to do so prior to the beginning of the sunrise period for .ADULT and .PORN.  Registration of a brand’s trademarks with the TMCH provides brand owners priority in registration for not only the .ADULT and .PORN gTLDs, but for all new gTLDs.  A further benefit of registration with the TMCH is that third-parties who attempt to register a domain name that is identical to a trademark registered with the TMCH will be notified of the owner’s rights in such trademark and will be required to acknowledge the brand owner’s rights prior to completing registration of the domain name.  Should the third-party registration be completed, the brand owner will be notified of the potentially infringing domain name registration by the TMCH.  This notification allows brand owners to proactively enforce their trademark rights against cybersquatters and/or trademark infringers at the outset of a potentially infringing use.  On the whole, the TMCH provides brands with greater control over third-party uses of their trademarks on the Internet.

The first new gTLDs were delegated in October 2014.  Since that time, more than 500 have been delegated.  These range from brand names, city names, and generic words like .ADULT and .PORN.  Over the coming years, this explosion of new gTLDs is only expected to grow.  In fact, ICM Registry currently appears to be in the process of obtaining the “.SEX” registry.  As such, brands seeking to maintain control over their online identity should maximize use of the available tools to protect their brand in the ever-changing landscape that is the Internet. 

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.

© DLA Piper | Attorney Advertising

Written by:

DLA Piper
Contact
more
less

DLA Piper on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.