YOUR TRADEMARK/BRAND COULD BECOME X-RATED

The Internet Corporation for Assigned Names and Numbers (ICANN) has approved the establishment of a new Internet top-level domain, e.g., .NET, .COM for sexually explicit material. This new domain is .XXX and may be used by providers of online adult entertainment intended for consulting adults, their representatives and providers of products or services to those providers, e.g., hosting services, stylists.

Even if you are not a provider of adult entertainment or a provider of services to providers of adult entertainment, those providers are free to adopt your brands and domain names and add .XXX to them. If you want to block this and you own a federally registered trademark on the Principal Register, you can reserve a .XXX domain name corresponding to that registered trademark. This domain name will be removed from the pool of domain names available for registration in future phases of the .XXX registry operation and the WHOIS information will simply list standard registry information. The corresponding domain name will resolve to a standard informational page indicating the status of the domain name as not available for registration or similar. YOU WILL NOT OBTAIN A .XXX WEB PAGE AS THOSE PAGES ARE ONLY AVAILABLE TO MEMBERS OF THE ADULT ENTERTAINMENT INDUSTRY. HOWEVER, MEMBERS OF THAT INDUSTRY WILL NOT BE ABLE TO OPERATE A .XXX ADULT WEBSITE USING YOUR MARK AS PART OF THEIR DOMAIN NAME.

THE DEADLINE TO BLOCK A .XXX DOMAIN NAME IS OCTOBER 28th.

For more information, you can contact this office or an accredited domain name registrar. These include Go Daddy, Network Solutions, Name.com, MarkMonitor, Register.com and others in the U.S.

About ERIC WACHSPRESS

The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void. I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
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