Trade mark owners who do not wish to see their brands associated with the ‘adult entertainment industry’ (that’s porn to you and me) have now entered the period within which they can apply to block the use of their registered trade mark as part of a domain name within the new TLD. It may fly in the face of everything marketing people have ever told them about making the brand ‘sexy’ but association with porn was probably not what they had in mind.
Readers will recall that ICANN signed an agreement with ICM Registry LLC (ICM) to introduce .XXX as a new TLD. The aim was ‘to create a clearly identified place on the Internet where adult entertainment can be accessed and provide industry professionals with a new home for their online content’, although it seems unlikely that existing porn sites will wish to transfer from their established .com homes. For trade mark owners not involved in the adult entertainment industry and who do not want to expose their brands to possible registration in the .xxx TLD, there is a defensive reservation request procedure, ‘Sunrise B’, that opened on 7 September.
During Sunrise B period, owners of registered trademarks who are not members of the adult entertainment industry can apply to reserve a corresponding name and block others from registering it in the .xxx registry. The name will be reserved only if there is no conflicting application from a Sunrise A applicant – ie where one of the members of the adult entertainment industry has applied for it. Brand owners whose blocking application is accepted will not own or have any rights in the reserved domain name and users of the tag will not find a web site, but the domain name will be removed from the pool of those available for registration.
If you have a trade mark application pending, a cancelled registration or an unregistered mark, you are not eligible for reservation during Sunrise B.
On 8 November 8, 2011, the Landrush period opens and members of the adult entertainment industry will have the opportunity to register .xxx domain names.
Brand owners unable to act during Sunrise B have another opportunity to protect their brands from association with a .XXX domain name by reserving a name when the General Availability period begins on December 6.
The official timetable and detailed information applications are available here but an extract from the timetable is as follows:
· Sunrise A — Trademark Holders (“AT”) 7 Sept. – 28 Oct.M
· The pre-launch opportunity for members of the Sponsored Community to submit Registration Requests for .XXX names corresponding to registered trademarks in use in Eligible Commerce. Applicants for names in the Sunrise AT process must complete the Membership Application Process within 5 days (120 hours) of the close of the Sunrise period. Proxy services may not be used in connection with Sunrise AT Registration Requests. (Following allocation, an approved proxy service may be used.)
· Sunrise A — Domain Holders (“AD”) 7 Sept. – 28 Oct.
· The pre-launch opportunity for members of the Sponsored Community to submit Registration Requests for .XXX names corresponding to names registered in another IANA-recognized TLD and in current use in Eligible Commerce. Within 5 days (120 hours) of the close of the Sunrise period, Applicants for names in the Sunrise AD process must complete both the Membership Application Process as well as the confirmation of domain name ownership in Eligible Commerce, as requested. Proxy services may not be used in connection with Sunrise AD Registration Requests. (Following allocation, an approved proxy service may be used.)
· Sunrise B — Non-Community Trademark Holders (“B”) 7 Sept. – 28 Oct.
· The pre-launch opportunity for those who are not members of the Sponsored Community to submit Reservation Requests for names corresponding to their registered trademarks. Reserved names will set to resolve to a standard informational page indicating the status of the name as reserved, do not result in a typical Registration in the .XXX TLD, and convey no other rights to successful Sunrise B Applicants. Proxy services may not used in connection with Sunrise B Reservation Requests.
· Landrush 8 Nov. – 25 Nov.
· The pre-launch opportunity for members of the Sponsored Community to submit Registration Requests for .XXX names. Names are not allocated on a first-come, first-served basis; competing Registration Requests will be allocated in a closed auction. Proxy services may not be used in connection with Landrush Registration Requests. (Following allocation, an approved proxy service may be used.)
· General Availability 6 Dec. – Ongoing
· Following the opening of general registrations: Members of the Sponsored Community may apply on a firstcome, first-served basis to register .XXX names. Those who are not members of the Sponsored Community may apply on a first-come first-served basis to register nonresolving .XXX names corresponding to their personal names or other words in which they have a legitimate interest.
