Launch of .XXX Top-level Domain Requires Consideration and Planning for Brand Owners

On March 31, 2011 ICANN, the international non-profit organization charged with creating policies for use of the internet, entered an agreement with ICM Registry, LLC (“ICM”) to launch the .XXX sponsored top-level domain (the “.XXX sTLD”). Scheduled to go live in December, 2011, the .XXX sTLD will host web sites dedicated to the adult entertainment industry (the “Sponsored Community”). Registration of resolving .XXX domain names will be limited to members of the Sponsored Community. Trademark owners who are not members of the Sponsored Community will have the opportunity to “block” their trademarks from being reflected at .XXX by registering a “non-resolving” domain name.

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