Could your brand be used as a .xxx domain name?
A new top level domain name, .xxx will soon sit alongside the other top level domains such as .com. This will be used for pornographic websites.
So could someone use your trade mark for a pornographic website?
Yes, they can. The good news is that the registry running the .xxx top level domain name, ICM Registry, have set up a sunrise provision for owners of registered trade marks to block a third party from registering their trade mark as a .xxx domain name.
What does this sunrise provision mean?
Effectively, any registered trade mark owner can, between 7 September and 28 October 2011 (the sunrise period) apply to reserve their names so that they cannot be registered as a .xxx domain name.
This extension of the top level domain names could pose a threat to businesses not in this line of commercial activity by having their trade mark associated with the adult entertainment industry, thus causing harm to the traders reputation. It may be worth considering applying to block permanently would be operators in the .xxx space from using a registered trade mark. Henry Hughes can assist with this process.
Once the sunrise period has ended, other enforcement options are available through a disputes resolution procedure but, this can mean delays and added costs.
How can we help?
If you are interested in pursuing an application to ICM to block the use of your trade mark as a .xxx space, please get in touch with one of our specialists at Henry Hughes.
Russell Law - October 2011
