As has been widely publicized earlier this year, the Internet Corporation for Assigned Names and Numbers ("ICANN") has approved ".XXX" as the newest top-level domain name extension for websites intended for adult content (i.e. pornography). Only members of the adult industry may use .XXX domain names to operate a website.
However, for the protection of brand owners, ICANN has created a sunrise period, which ends October 28, 2011, during which trademark owners, assignees and licensees may apply to defensively block anyone in the adult entertainment industry from using their registered trademarks as a .XXX domain name.
For example, the owner of the trademark VALUABLEMARK can apply to effectively block VALUABLEMARK.XXX from registration by a third party in the adult industry. Successful "sunrise" applications do not result in a registered .XXX domain name. Instead, when accessed by a user, an informational page will be displayed that indicates the domain name is blocked from use.
Defensive applications are only available for the exact written portion of a valid registered trademark that issued prior to September 1, 2011.
After October 28, 2011, .XXX domain names become generally available for registration, and there is a risk that your company's trademark could become registered as a .XXX domain name, which could be embarrassing or damage brand equity.
In view of the above, we strongly recommend that owners of registered trademarks not in the adult industry apply to block their registered trademarks from becoming the subject of .XXX domain names.
For more information, please contact:
Daniel M. Anthony
Smart & Biggar
55 Metcalfe Street Suite 900
Ottawa ON K1P 6L5
Tel: 613-232-2486
Fax: 613-232-8440
Email: dmanthony@smart-biggar.ca