In the wake of ICANN's recent approval of ICM Registry's application for the .XXX domain, brand owners will have the opportunity to protect the use of their trademarks in the .XXX domain by using an opt-out or blocking process.  The .XXX domain is, as you might expect, intended for adult entertainment and related content.  The registry provides a short window of time known as a "sunrise" period for trademark owners to block domain names that exactly match their trademarks.

Brand owners should be aware of the following facts related to the sunrise-period blocking process:

• The sunrise period will begin in early September 2011 and end in late October.  It will be open to two groups:
  • Sunrise A is for members of the sponsored community (the online adult entertainment industry and those supplying products and services to that industry).
• Sunrise B is for trademark owners who want to block the use of their names in the .XXX domain extension.
• To qualify for the sunrise period, brand owners must own a valid trademark registration (pending applications or common law rights do not qualify).
• A blocking registration will prevent others from using your trademarks with the .XXX top-level domain - the blocked domain name will resolve to a standard page indicating that the domain is not available.
• A successful blocking request during the Sunrise B period will result in the domain being blocked for a term of 10 years.  This term could change.
• The fee for preparing and administering a blocking request is approximately $800 per trademark.  This fee could be lower for multiple blocking requests.
• If you are interested in blocking the use of your trademarks in the .XXX domain extension but do not currently have registrations, you may still have options.  You should contact trademark counsel on or before Friday, August 26, to allow for preparation of a trademark application in time to take advantage of the Sunrise B blocking period. 

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© 2011 Perkins Coie LLP