The long awaited and hotly debated .xxx top-level domain (TLD) was approved recently and will soon become available to members of the adult entertainment industry.

This undoubtedly creates new opportunities for the industry in question but it also raises concerns for brand owners in other sectors, who may not want their trade marks to be used as part of a .xxx domain name.

The ICM Registry, which will operate the .xxx domain name registry, has announced two "Sunrise" periods as well as a "Landrush" phase, with the Sunrise periods running concurrently and tentatively scheduled to begin in September 2011.

Sunrise A caters only for applicants operating within the adult entertainment (AE) industry and who operate an existing domain name, while Sunrise B is open to applicants outside that industry and who own a trade mark registration (of national effect), but who wish to opt out of the .xxx TLD. The trade mark/s must have been registered before the date on which the applicant applies to opt out.

The "Landrush" phase will commence after the Sunrise periods and is open to all members of AE industry, irrespective of whether or not they already own a trade mark registration or domain name. Subsequently, all remaining .xxx domain names will be available on a first-come first-served basis, provided that the successful applicant is a verified member of the AE industry.

This development has important implications for members of the AE industry as well as existing and prospective trade mark owners – and as always, intellectual property should be suitably protected.

For further information and advice regarding the processes, requirements, mechanism and costs of applying for or opting out of the .xxx TLD, please do not hesitate to contact Spoor & Fisher at info@spoor.com