On September 7, 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved the registration of domain names ending in .xxx. ICM Registry, which is responsible for managing .xxx domain names, is operating simultaneously Sunrise A and B periods which will both end on October 28, 2011.
Sunrise A
This period is dedicated to members of the adult sponsored community which own registered trade-marks or existing top level domain names to register their .xxx domain names.
Sunrise B
This period is intended especially for brand owners who are non-members of the adult sponsored community to file an application to opt-out from the .xxx domain name registration. Owners of registered trade-marks will have the opportunity to file an application with an accredited registrar to permanently block their trade-marks from being registered as .xxx domain names by third parties.
The trade-mark must have been registered before September 1, 2011. The term to be blocked should exactly match the registered trade-mark.
Once a trade-mark is blocked, third parties seeking to register a domain name that has been blocked for ".xxx" registration will be informed that the name is unavailable for use and no website or e-mail address will be granted. If the application to block is successful, the trade-mark is entered into a database of ICM Registry indicating that it is reserved from use by third parties.
Brand owners need to act now to protect their core trade-marks from being registered as .xxx domains by third parties or from being associated with unsuitable materials. The one-time non-refundable application fee per trade-mark to be blocked is US$ 349. It will be more expensive to cancel a .xxx domain name registration consisting of a well-known or distinctive mark by paying the filing fee of US$ 1,300 per complaint.
ICM Registry has adopted the Rapid Evaluation Service ("RES") policy which is designed for companies and individuals who do not want to be associated with .xxx domain names. RES, which is intended to address abusive registration of trade-marks and names of individual persons as .xxx domain names, will receive and submit complaints to the National Arbitration Forum which will administer the proceeding and select a qualified evaluator.
Landrush
This period, which runs for 18 days from November 8 to 25, 2011, will be open to those who operate in the adult entertainment industry. This period is intended for the members of the adult sponsored community that want to secure premium .xxx domain names or be involved in auction to bid for .xxx domain names. The applicant is not required to own any trade-mark or domain name.
General Availability
This period, which commences on December 6, 2011, will be open to anyone who wishes to register .xxx domain names on a first-come, first-served basis.
All owners of valid domain names can also file an application to opt-out of .xxx domain name registrations. The cost per domain name to be blocked per year is US$129.00.
Further information for brand owners on how to protect their trade-marks is available on the ICM Registry website www.xxxempt.com.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
