In March 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) board approved the creation of the .xxx domain, which is to be used exclusively for explicit and pornographic content. The .xxx domain is intended solely for use by the adult entertainment industry, and officially launches on Dec. 6, 2011.
Trademark owners will have the opportunity to take simple measures during a 50-day sunrise period to prevent misuse of their most important brands. The 50-day sunrise period will run from Sept. 7 – Oct. 28, 2011.
SUNRISE PERIOD OVERVIEW
Sunrise Period Categories
During the 50-day sunrise period, there will be two categories of applicants. The Sunrise A category will be open to verified members of the adult entertainment industry, seeking registration of domain names, that possess verifiable trademark rights or own exact matching domain in other domains.
At the same time, the Sunrise B category will be open to non-pornographic trademark owners to preemptively block .xxx domain names from corresponding to their respective registered marks (e.g. www.nike.xxx). At the close of the Sunrise Period, if no conflicting application by a Sunrise A applicant has been made, the names will be blocked from registration. The block will last for at least the length of the 10-year contract term between the domain hosting company, ICM, and ICANN. Reserving parties will be charged a one-time fee, expected to be about $200.
Conflicting Applications
If a Sunrise A and Sunrise B application are submitted for the same trademark, the Sunrise A applicant will be informed of the Sunrise B application, and given the opportunity to withdraw its application. However, if the Sunrise A applicant chooses to proceed with the application, it will secure the domain name. Although the Sunrise A applicant would secure the domain temporarily should this situation arise, the fact that the trademark holder submitted an application would alert the Sunrise A applicant of a trademark infringement.
If a trademark’s holder fails to apply for protection under Sunrise B, ICM will have in place a procedure for the holder to dispute any obvious future infringement or cyber-squatting. However, this process is not guaranteed and will likely be expensive and time-consuming to carry out. Considering this, it is in a brand holder’s best interest to apply under the Sunrise B period and secure the brand.
Go to http://www.icmregistry.com for more information.
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