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The Intellectual Property StrategistKickerFeaturesTopicsCommercial LawTechnology Media and TelecomSectionsNewsLJN Newsletters

.XXX General Availability Period: A Green Light to Block Red Light Domain Names

By Erin S. Hennessy and Jennifer R. Ashton
December 21, 2011

The sun has set on the collective Sunrise periods in the race to acquire .XXX domain names. Sun-up on Nov. 8, however, shed new light on a seemingly boundless landscape of .XXX domain name possibilities. The dawn of the wild, wild West of .XXX domain name acquisition, a trail first blazed by a red light Landrush between Nov. 8 and Nov. 25, where the sole prerequisite for Applicants was a membership in the adult Sponsored Community (namely, individuals, companies and organizations who “provide talent, products or services to the adult industry”) (www.icmregistry.com/about/). Demonstrated members were not required to be trademark owners or exhibit pre-existing ownership rights ' or even be first in line for the domain (www.icmregistry.com/launch/plan/#landrush_rules). While domains with lone Applicants were set to be automatically allocated at the close of Landrush, unlike the prior periods in the launch, competing Applicants participated in a closed auction at the end of the period.

As the dust settles following the Nov. 25, 2011 close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis ' no requirements for pre-existing rights or adult community memberships apply (www.icmregistry.com/launch/plan/#general_aval). Now is the time for trademark, domain name and brand owners to purchase .XXX domains to pro-actively race to stake a claim in their brand ' if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.

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