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As we first reported to you in June, the Internet Corporation for Assigned Names and Numbers (ICANN) approved the new .XXX top-level domain registry targeted at the adult entertainment industry. Many companies do not want their company names, trademarks, trade names or other domain names associated in any way with the adult entertainment industry, but were not eligible to participate in the pre-launch Sunrise Program. As such, interested companies need to prepare for the upcoming General Availability Program. Through this program, companies will have the opportunity to defensively register their company names, trademarks, trade names, and other domain names to prevent their association with adult entertainment websites.
The General Availability Program will commence on December 6, 2011, will be ongoing, and will allocate the remaining .XXX domain names to applicants on a first come, first served basis. For those companies who are not members of the adult entertainment industry and want to defensively register specific domain names to prevent their association with adult entertainment websites, accredited domain name registrars will accept applications for non-resolving .XXX domain names. A non-resolving domain name is in effect an inoperative domain name that does not resolve to a specific website. This will allow companies to protect their company names, trademarks, trade names, and other domain names that did not otherwise qualify for the pre-launch Sunrise Program.
The pre-launch Sunrise Program, which ended October 28, 2011, required a federal trademark registration in order to remove the trademark from the .XXX domain name registry. The General Availability Program has no such registration requirement. So long as a particular company name, trademark, trade name, or other domain name remains available in the .XXX domain name registry, it can be defensively registered to prevent its association with adult entertainment websites.
If you previously filed Sunrise Program opt-out applications, protection for the trademarks associated with successful applications will begin December 6, 2011. If your Sunrise Program opt-out application was unsuccessful, you will be able to file a defensive registration application to protect your company names, trademarks, trade names, or other domain names.
Application Fees
Application and registration fees for General Availability Program defensive registration applications vary by domain name registrar, but are estimated to be between $150 and $250 per domain name. An annual registration fee, estimated to be between $100 and $200 per domain name, will be required in order to maintain the registration.
What You Should Do Now
We encourage companies to be proactive and to protect their company names, trademarks, trade names, and other domain names through participation in the General Availability Program. Companies should review their trademark, trade name, and domain name portfolios and their present domain name registration policies to determine whether participating in the General Availability Program would be the most beneficial way to protect their intellectual property from association with adult entertainment websites. If you are interested in participating in the General Availability Program, we can assist you in preparing applications so that they are ready to file immediately upon the commencement of the first come, first served General Availability Program.
For More Information
If you have any questions about these domain name or other intellectual property protection issues or if you would like assistance reviewing your trademark portfolios and determining whether to participate in the General Availability Program, please contact:
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