IP Topics
By
Michelle Mancino Marsh and Michael Kelly
- September 29, 2011
The initial “sunrise” application period to block .xxx domain names is now open to owners of registered trademarks through October 28, 2011. During this period, trademark owners can apply to block the use of .xxx domain names that correspond to their registered trademarks. A successful application will prevent the use of the blocked domain name for a minimum of 10 years.
During the initial application period, only .xxx domain names that correspond to a registered trademark, or variations of the registered trademark with non-standard characters removed (e.g., a trademark registration for “generic's” can be used to block ), can be blocked.
All applications to block .xxx domain names will be assessed at the same time so that no priority is given for applying early in the initial application period. Nevertheless, applications should not be delayed so as to allow sufficient time to review the applications and gather the necessary supporting materials.
Blocking the use of .xxx domain names that correspond to registered trademarks will help prevent third-parties from exploiting these trademarks in connection with adult themed entertainment. This will allow trademark owners to proactively protect the integrity of their brand without dealing with costly future domain name disputes. It is therefore recommended that trademark owners consider blocking at least their core trademarks from use as .xxx domain names.
We are currently applying to block .xxx domain names on behalf of clients and are familiar with the requirements for the process. If you would like to learn more about blocking a .xxx domain name, please contact Michael Kelly at mkelly@kenyon.com or at 212.908.6030.