Trademark Owners Should Block .XXX Domains

Traverse Legal's Internet Law Attorneys can help you protect your brand against .XXX cybersquatting and trademark infringement.

While the initial sunrise period has concluded, trademark owners still have an opportunity to protect their brand against registrations under the .XXX TLD.  If your trademark protected domain name or brand is registered by a third party under the .XXX TLD, your consumers and SEO could be affected.  The last thing any trademark owner wants is for a .XXX domain name to be returned if a consumer is searching Google, Yahoo or Bing for your trademark protected name. 

As of September 7, 2011, owners of registered trademarks can file applications to prevent third parties from registering .XXX domain names containing their trademarks.  This initial period, known as the sunrise period, will conclude on October 28, 2011.  Applications to opt-out can be submitted through any .XXX accredited registrar, with costs varying depending upon the registrar.

Failure to opt-out will create risks that your trademark becomes the target of a .XXX domain name and adult oriented website.  Whether used for pornosquatting or some other cybersquatting, the costs to recover a domain name will likely exceed those necessary to protect it via a knocked out registration.

During the sunrise registration period, members of the adult entertainment industry can also submit applications to register particular domain names in the .XXX domain name registry.   So long as a member of the adult entertainment industry does not seek registration of your trademark, your .XXX domain will be blocked from registration by all parties and merely resolve to a informational page provided by the .XXX registry, ICM.

Allow our domain name attorneys to determine whether or not you qualify for an opt-out application.  Once again, it is better to determine your eligibility for an opt-out application now rather than having to proceed with cease and desist letter, a UDRP proceeding, or even an ACPA Cybersquatting lawsuit in the event that a third party registers a .XXX domain name that incorporates your trademark.