08/17/2011
Starting on September 7, 2011, trademark holders will have the opportunity to block the use of their trademarks in .xxx domain names (www.YOURTRADEMARK.xxx). This new top-level internet domain (TLD) has been approved by the Internet Corporation for Assigned Names and Numbers (ICANN) for use by the online adult entertainment industry. To protect trademark owners who do not want their trademarks associated with this TLD extension, ICM Registry LLC has agreed to maintain a list of trademarks that will be unavailable for use by the adult entertainment community and the general public. To add your trademark to this list, a reservation request and fee must be submitted prior to October 28, 2011. The trademarks subject to successful reservation requests will be removed from the .xxx domain names available for registration for at least the next 10 years. The corresponding domain name, i.e., www.YOURTRADEMARK.xxx, will resolve to a webpage explaining that the domain name is not available for registration or use.
During this same time period (September 7 – October 28), members of the adult entertainment community will have the opportunity to submit applications to register .xxx domain names. In the event a member of the adult entertainment community submits an application to register a .xxx domain name that includes a trademark subject to a reservation request, the adult community member will be given an opportunity to withdraw its application and the trademark owner will be notified. If the adult community member does not withdraw its application, the application for registration will be given priority over the trademark owner's reservation request; however, the adult community member will be on notice of the trademark owner's objections for purposes of any future dispute over the domain name. Starting in November, trademark owners outside the adult entertainment community will have an opportunity to register .xxx domain names, and starting in December, the general public will have the opportunity to register .xxx domain names.
Using this simple blocking procedure, at a minimum, puts an interested adult entertainment community member on notice of your trademark rights and, at best, prevents members of that community, other trademark owners and the general public from registering and using your trademark in an unauthorized domain name. This window of opportunity closes on October 28, 2011. If you would like to discuss this process in further detail or would like our assistance in submitting one or more reservation requests, please contact Tim Feathers at 816.691.2754 or Steve Cosentino at 816.691.2450.