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General Launch of .xxx Domain Names
Practical Law Legal Update 2-516-1510 (Approx. 2 pages)
General Launch of .xxx Domain Names
by PLC Intellectual Property & Technology
| Published on 09 Dec 2011 • USA (National/Federal) |
ICM Registry began making .xxx domain names available to the general public. Domain names are available on a first come, first serve basis to any applicant, although the registered domain names will only be active for users in the adult industry.
On December 6, 2011, ICM Registry began offering .xxx registrations to the general public. Under the new registry, only registrants from the adult entertainment industry can host content on a domain name ending in .xxx, although anyone can buy one. Owners of registered trademarks previously had the opportunity to register to block .xxx domain names using their registered trademarks during the Sunrise B opt-out period, which ended on October 28, 2011 (see Article, GC Agenda: June 2011: Internet Domain Names). Because the general launch now makes all remaining domain names available on a first come, first serve basis, owners of registered trademarks that missed the Sunrise B opt-out period or who would like to defensively register common law (unregistered) marks or variations of their marks to prevent others from using them in a .xxx domain name, should consider registering them now.
Trademark owners who want to challenge a .xxx domain name registration they believe infringes on their rights may consider the following dispute resolution mechanisms:
- Rapid Evaluation Service (RES) for owners of well-known or inherently distinctive marks to temporarily deactivate .xxx registrations using such marks registered by another party without a good faith basis.
- Charter Eligibility Dispute Resolution Policy (CEDRP) to challenge the eligibility of a .XXX domain name owner.
- Uniform Dispute Resolution Policy (UDRP) proceeding.