.xxx Domain Names to Become Available from September 2011

McDermott Will & Emery
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The Internet Corporation for Assigned Names and Numbers recently approved the use of the .xxx suffix as a top-level domain name space, to be used by the online adult entertainment industry.

The Internet Corporation for Assigned Names and Numbers recently approved the use of the .xxx suffix as a top-level domain (‘TLD’) name space, to be used by the online adult entertainment industry. The .xxx domain name would be used alongside other TLDs name spaces including .com, .gov and .org. As of September 2011, existing trade mark owners or those with an existing domain name will be able to either ‘opt-out of’ or ‘opt-in to’ the newly formed domain name during the simultaneous ‘sunrise periods’. Given that the opt-in and opt-out periods will only last for 30 days, those considering applying for the TLD (either actively or defensively) are advised to take action now, to ascertain which of their trade marks or brands should be protected when the Sunrise period begins.

Please see full publication 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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