Mark Goracke is a 3L @ BU and a former intern at New Leaf Legal.  He still guest blogs for us because he's cheeky and smart.  He's also a hipster, even though he tries to deny it. He also loves fun - it says so on his bike helmet. 

In March 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved the creation of a special extension for adult entertainment and pornographic websites - .XXX. By the end of the year, .XXX domains will be up and running. Such registration will have a profound effect on brands looking to get into the adult entertainment online marketplace, as well as brands looking to shield their brand and trademark from registration.  To curtail some of the inevitable backlash by trademark owners of - ah hem - more “modest” brands, ICANN is offering opportunities for brand owners to either pre-purchase or opt-out (and block) .XXX domain name registration.  For example, the internet domain name “Gay.XXX” sold recently for $500,000, making it the most expensive purchase of a domain name in history not publicly open for registration.  Got a domain name and trademark you want to protect or purchase?  Here’s how to get in on the action.

The pre-registration program, still in its early stages, allows for participation in two ways: Sunrise A (for adult entertainment companies) and Sunrise B (for Non-Adult Entertainment Companies) and seeks to facilitate safe and informed web browsing.

Sunrise A is an application process for individuals or companies interested in registering an adult-entertainment domain name (i.e. Pornography.XXX). The purpose of Sunrise A is to “provide a consumer friendly online environment, which will encourage more trust and therefore higher usage of adult entertainment brands within the .XXX space. Thus creating highly attractive long-term (and hence valuable) online 'real estate'.”

Those registering for a .XXX domain name must comply with certain standard practices, including protecting customer privacy, oppose fraudulent advertising, combat malicious codes, technologies, and viruses, and safeguard children from being marketed or targeted online.

There is, however, another group of individuals and companies that need protection from .XXX domain registrations – brands that do not want their name or trademark associated with pornography and a .XXX domain. Sunrise B protects those people.

Sunrise B allows individuals and companies control the exposure of their intellectual property, trademarks, and their brand in the online adult entertainment world. Individuals or companies with federally registered trademarks can file a Sunrise B application to block another party from registering a .XXX domain name using their trademark. This application process is crucial for individuals interested in keeping their brand from being associated with adult entertainment.

The time for reservation of domains is drawing to a rapid close.  If you are interested in more information on filing for either Sunrise A or Sunrise B, you must do so before October 28th, 2011. Please feel free to contact us if you are interested in filing an application.