In the latest domain-name headache for brandowners, .xxx has
been approved by ICANN as a new generic top-level domain, on the
same plane as .com, .net, .org, .mobi, .info, and etc., but this
one is for adult content.
The adult entertainment industry, trademark holders, and even some
countries objected to the creation of the domain. Although no
adult content is currently available in the domain, several
countries have already announced their intention to block the .xxx
domain.
As with other new top-level domains, there will be a
"sunrise" period in which rights holders can reserve or
block in advance of the general sale to the public. This
sunrise is expected to open in September 2011.
The first sunrise track will be available for existing trademark
holders within the adult entertainment industry. The second
sunrise track will be available for grandfathering in operators of
adult websites that were registered prior to February 2010 in other
domains (e.g., .COM, .BIZ, .UK, etc.).
The third sunrise track is designed for trademark holders who are
outside of the adult entertainment industry. Trademark
holders may reserve names within the .xxx domain to prevent
registration by others. The domain name block has been
advertised as lasting indefinitely with no additional fees to pay
in subsequent years. Visitors to a blocked domain name will
receive a webpage that indicates that the name is reserved through
the ICM Registry Rights Protection Program.
The fees are high, roughly $200 to $300 per blocked domain, so
companies with multiple brands may chafe at having to pay to block
their brand from xxx.
Alternatively, brandowners may wish to ignore the sunrise period
and use the Uniform Dispute Resolution Procedure or other remedies
if someone does register and use their brand in a .xxx in a way
which causes harm, tarnishment or confusion to the brand.
On the heels of this issue comes ICANN's proposal to add
unlimited top-level domains, which brandowners will also want to
know about. This project has been delayed several times but
we are keeping a close eye and will provide updates.
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.