September 06, 2011

Avoiding MickeyMouse.xxx: The Problem of the ".xxx" Domains

By introducing the new ".xxx" top level domain, ICANN has created a problem for many entities across the world. Should Chander.com worry about Chander.xxx?   Should Typepad (the service I use to run this blog) worry about Typepad.xxx?

The keepers of corporate trademarks in many a law department are going to need to have an unusual conversation in the next few weeks: "What should we do about the .xxx domain?"...

But the triple-x domain isn't quite the same as the other gTLDs. And oddly enough, the one it resembles most is .edu. "It's a restricted domain name space, similar to .edu," which can only be used by educational institutions, says Larson. The new gTLD, appropriately enough, is exclusively reserved for the adult industry. And while it's good news that only companies presenting explicit content will be able to buy .xxx URLs, Larson says that "if my brand does get registered as a .xxx domain name, I can be assured it's going be related to content I don't want associated with my brand."

Because of the nature of the content headed for this new web space, the company responsible for administering .xxx has put together an unusual program to help companies protect their brands. Stuart Lawley, chief executive of ICM Registry LLC, says that in addition to the traditional "Sunrise" program that goes along with the launch of a gTLD (during which all URLs are open for application and review), ICM has put together aSunrise B to help companies block their trademarks from turning into unwelcome pornographic sites.

"Most top-level domains have run sunrises, but they mostly offered if you wanted to buy it or not," says Lawley. "Even for defensive purposes, you still had to pay the annual fees on an ongoing basis, even if you didn't want to use the domain. We were very conscious that .xxx isn't for everyone, and lots of people in the mainstream would have no use for it. So we brought about an innovative Sunrise B arrangement: once you prove you own the trademark, we take it out of circulation on a permanent basis. There's no annual fees, and we post a landing page that says it's not available for registration."

Posted by Anupam Chander on September 6, 2011 at 03:34 PM in Digitization | Permalink