INTELLECTUAL PROPERTY AND TECHNOLOGY ALERT

By Ann K. Ford & Ryan Compton 

After many years of debate and consideration, the Internet Corporation for Assigned Names and Numbers (ICANN) has approved a new top-level domain, "dot-xxx" (.XXX), for the purpose of hosting adult content.  

As part of the launch, ICM Registry, the registry selected to maintain the .XXX top-level domain, is providing an opportunity for companies that do not want their brands associated with adult content to block their registered trademarks from being registered as .XXX domains, during a period named "Sunrise B."    

While it is unclear when the official domain name registration sunrise will kick off, reports are suggesting that Sunrise B could open as early as June 2011.

In advance of the official Sunrise B period, ICM has set up a free name reservation service where trademark owners outside the adult content industry can pre-request that their trademarks be blocked from registration as a .XXX top-level domain by filling out a form here. While a proper sunrise registration and one-time fees (fees have not yet been announced) will be necessary to permanently reserve and block .XXX domains, a benefit of pre-registering is that ICM will contact pre-registered brand owners with all the necessary information, such as required forms, as soon as the sunrise period opens.  

Once your name or mark has been successfully blocked, Internet users who attempt to access YourTrademark.XXX will get a generic parked web page with a message to the effect of: "This name has been reserved from registration under the ICM registry IP protection program."   

Please let us know if we can help you protect your trademarks during this process or if you have any questions or concerns.

For more information, please contact Ann Ford and Ryan Compton.