Updates

.XXX Domain Name Launch

07 September 2011

Sunrise

In the sunrise period, 7 September 2011 - 28 October 2011, priority is given to those who have existing trade marks and domain names. ICANN will process the applications in three successive phases - Sunrise AT, Sunrise AD and Sunrise SRB - irrespective of when in the sunrise period the application is received.

  • In Sunrise AT, ICANN will allocate .xxx domain names to applicants who have existing trade mark registrations covering goods and services relating to the adult entertainment industry. Such applications will take priority over all other sunrise applications.
  • In the Sunrise AD phase the .xxx domain names will be issued to applicants who already own domain names in the adult entertainment industry. For example, if the applicant owns xyzadultsite.com then an application for registration of the corresponding xyzadultsite.xxx could be made in this phase. Such applications will take priority over Sunrise SRB applications.
  • Finally, in Sunrise SRB, ICANN will allocate .xxx domain names to applicants who already own trade marks that do not relate to adult entertainment and who wish to prevent others from registering those trade marks as .xxx domain names. Once registered, the domain name will point to a standard plain page indicating that the domain name is reserved, and this will block others from being able to use or register it. The regular WHOIS details will be available, indicating who has registered the domain name.

.xxx registrations allocated during the Sunrise SRB period will be initially ‘locked down' for a period of 10 years, after which it will be necessary to pay an annual renewal fee to prevent others from using or registering the domain name.

Landrush

In the Landrush period, 8 November 2011 - 25 November 2011, applicants who do not qualify for a Sunrise AT or AD application will be able to secure .xxx domains (if still available). This phase therefore may be of interest to clients who are active in the adult entertainment industry but who do not own corresponding trade marks or domain names which are the same as the proposed .xxx domain name registration.

If more than one application is received for the same domain name during the Sunrise or Landrush phases, then the applicants will have an opportunity to bid for the domain name in an auction.

General Availability

This will commence on 6 December 2011.

Registration of the .xxx domain name will be granted on a first come, first served basis.

Fees

For Sunrise (AT, AD or SRB) applications we will be charging £300.00 (plus VAT when applicable) to apply for registration of an .xxx domain name. Please note that, if the application is unsuccessful, then there will be no refund.

Fees for registration at the Landrush or General Availability stages have not yet been announced. Please contact us if you are interested in registering .xxx domain names during these stages so that we may advise you further.

Recommendation

If you or your clients are in a position to file a Sunrise application, then we recommend that we make the application as soon as possible in the relevant period. Please therefore let us know which .xxx domains you wish to secure. If applications are to be filed during the Sunrise period, please let us know of the prior trade marks and/or domains that you wish to rely on (in the event that we do not already have details of those on our records).

It is not yet possible to apply for registration in the Landrush or General Availability phases but if you, or your clients, are interested in filing during these phases, please inform us.

Please contact Sanjay Kapur, John Peacock, Lucy Mills or your usual contact at Potter Clarkson if you wish to file application(s) or if you require further information or advice.


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