MLT Alert! Act Now to Prevent Your Brand Becoming .XXX
This fall, an online “red light” district will commence, with the launch of a new top level domain extension .xxx intended for use by the pornographic and adult website industry. For trademark owners seeking to prevent the risk of their brands being registered as, or associated with, .xxx domain names, a Sunrise “B” Period commences on September 7, 2011 – this is a timeframe within which we can seek to block .xxx domain registrations referencing your business or its brands. At the conclusion of the Sunrise Period on October 28, 2011 if no other applicants for the same domain name have been filed, a blocking registration will be granted which will not display any content or host a live website for a period of ten (10) years.
Trademark owners should consider obtaining .xxx domain registrations to avoid the risk of having their brand(s) associated with X-rated or other Adult themed online content. There are a couple of options to effect this:
(a) Sunrise: This phase of the registration process is designed to allow owners of trademarks which are both registered* and in use to secure search strings for .xxx domain names which are identical to the trademarks. In most cases service providers are suggesting that this service will be available for a one-time fee ranging between $300.00 to $500.00 per trademark; however, we would caution that there are others requiring annual fees far in excess of that amount.
(b) Reservation Process and Sunrise: Certain domain registrars are facilitating the reservation of domain names for any owners of .xxx domain names that are not part of the “Sponsored Community” (i.e. the Adult Industry). These reservations do not typically require a service charge and are merely a ‘place holder’ until the launch of the Sunrise Period and those with a reservation will subsequently receive a follow up notice to complete the blocking registration at the commencement of the Sunrise Period to register per (a) above.
* To the extent that your organization does not have its trademarks registered please feel free to contact our office to discuss the process, costs, etc.
If you are concerned about the impact of .xxx domain names on your business and its brands please do not hesitate to contact a member of our Intellectual Property Team for further information.
Some Quick Facts on Sunrise B
Time to Act: Sunrise B will last for fifty (50) days commencing September 7 through October 28, 2011 followed by a land rush and public registration of any remaining domain names. Act now to prevent online confusion and/or an association between your business and the Adult Industry.
What does a blocking registration provide: For a period of ten (10) years the domain name yourtrademark.xxx will be blocked from registration and use and will simply resolve to a standard webpage advising users that the name is reserved.
How to Qualify: Sunrise “B” is open to owners of trademarks which are both registered and used by the Applicant.
Cost: Service Providers are currently estimating that the cost to obtain a Sunrise B registration will likely range between $300 and $500.00 USD for a ten-year registration.