Advertising Law Blog

Beginning September 7, 2011, a new ".xxx" domain name extension is set to be
launched. This .xxx domain name extension is being introduced specifically for the adult entertainment industry. ICM Registry, the entity administering the .xxx domain name extension, has announced a "Sunrise" period from September 7, 2011 to October 28, 2011 during which a trademark owner can apply to opt-out of .xxx and thus block the ability of another entity to use the trademark as its .xxx domain name.

It will be important for trademark owners to apply to opt-out of the .xxx domain name extension as early as possible. The ICM Registry will also accept applications for .xxx domain names during the Sunrise period, and ICM will give preference to the first to apply. Therefore, if a third party applies to register a .xxx domain name containing another party's trademark before the trademark owner applies to opt-out, the third party will secure the .xxx domain name. In such circumstances, the trademark owner's only remedy would be to file a legal challenge to the use of the .xxx domain name.