The new .XXX top level domain name registry is being rolled out for use in the adult entertainment industry. Trademark owners concerned that their trademarks may be used as a second-level domain name in this registry, are urged to take steps to block the registration of such domain names during the registry Sunrise Period.
From 7 September 2011 to 28 October 2011, companies and individuals not engaged in the adult entertainment industry can apply to reserve their registered trademarks in the .XXX registry as part of a Reservation Request program ("Sunrise B"). To qualify for the Sunrise B program, a company must own a valid national trademark registration as of 1 September 2011. Once the trademark is recorded, the .XXX registry will refuse to register any second-level domain name which is identical to the registered trademark.
Trademark owners will also be able to challenge registered .XXX domains through Uniform Dispute Resolution Policy (UDRP) proceedings or the new Rapid Evaluation Service (RES) that the registry will offer.
Bouwers is well placed to assist clients with the registration of .XXX domain names as well as challenging registered .XXX domains.
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.