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Preventing the Unauthorized Use of Trademarks with a .xxx Generic Top Level Domain - Action Required by October 28, 2011


ICANN, the domain name management organization, has established .xxx as a generic top-level domain ("gTLD") similar to .com, .net and .org. The .xxx gTLD is intended for use by the adult entertainment industry. The "Sunrise B" period — during which trademark owners can apply to prevent their registered trademarks from being used without authorization in .xxx domain names — ends on October 28, 2011. By filing applications during the Sunrise B period, trademark owners may avoid costly litigation in the future. This Alert further discusses the issue.