September 2011

SUNRISE, SUNSET: Your Rights and the Dawn of the .XXX Domain Names

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Are you a trademark owner? Would you be concerned if someone purchased a domain name with your trademark and a .XXX extension? Would you be willing to purchase that domain name from that person to avoid the association of your trademark with the adult entertainment industry? With a little bit of planning, you can avoid this scenario entirely.

Joining well known Top Level Domains like .COM, .NET and .ORG, .XXX will soon be open for registration by entities involved in the adult entertainment industry as well as anyone in the general public looking to capitalize on the domain registration system. Once the general registration period opens, anyone will be allowed to register any .XXX domain name on a first come, first served basis.

As a registered trademark owner you will have an opportunity to jump ahead of the line and purchase “yourtrademark.XXX” during the registry’s “sunrise” period and before the registry is open to the public. The sunrise period lasts from September 7, 2011 through October 28, 2011. More information about the .XXX domain extension and the registration process may be found at www.icmregistry.com. Attorneys in Sideman & Bancroft’s Intellectual Property Practice Group are available to answer any questions you have about the subject or to assist with the registration process.

This publication is for informational purposes only and is not intended to provide legal or tax advice, or to create an attorney-client relationship.

Pursuant to IRS Circular 230, unless expressly stated to the contrary, any tax advice is not intended and cannot be used to (i) avoid penalties under the Internal Revenue Code or (ii) promote, market or recommend any transaction or matter to another party.