A number or new generic Top Level Domains (gTLDs) are becoming available. One of these domains is the .xxx domain, intended for use by the adult entertainment industry.
It is currently possible to apply to block registration of specific registered trade marks in conjunction with the .xxx domain. This “sunrise period” expires on 28 October 2011. If a trade mark is registered by a brand owner as a blocked name, but is also applied for by an adult industry applicant during the sunrise period, the adult industry applicant will be notified and given the opportunity to choose a different name. If they do not choose a different name, the adult industry applicant will still be able to register the domain name, but the trade mark owner may then consider further action under relevant trade mark and consumer protection laws to have the name removed.
Once the sunrise period is over, any .xxx domains registered as reserved names will be linked to a website administered by the registrar, which will advise that the name is blocked, but will not identify the owner of the domain name. Adult industry applications for a blocked name filed after the sunrise period will not be able to obtain that name.
If you have any registered marks that you would not wish to be used as .xxx domain names, you may reserve those domain names before the 28 October 2011 end of the sunrise period.
If you have any questions regarding these changes, please contact your Phillips Ormonde Fitzpatrick attorney. Our professionals can assist you with blocking your trade mark(s) from use as .xxx domain names.
About the Author
Russell Waters – Partner
Russell's practice encompasses all aspects of trade marks, including searching and advising on registerability of marks, applying for and obtaining registration of marks in Australia and overseas, and enforcement of trade mark rights. He was ranked as one of Australia’s top trade mark attorneys in the inaugural edition of the World Trademark Review 1000 and he is regularly invited to speak on Trade Marks related topics at the Leo Cussen Institute and legal professional development seminars.