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Block your trademark in .adult and . porn before June 4, 2015

The ICM Registry has announced that it is possible to register domain names under their new top levels .adult and .porn as from 02 March 2015. Both top levels are designed in particular for the so-called “adult entertainment industry”, ie for porn websites. For further information, please visit their website here.

Registration is open in four different phases:

Phase 1 (TMCH sunrise): 02 March 2015 to 01 April 2015
During that period you may register (block) your domain name if your trademark is already registered with the Trademark Clearing House (TMCH).

Phase 2 (Sunrise B): 06 April 2015 to 30 April 2015
During that period you may register (block) your domain name if you also blocked your trademark in 2011 when the corresponding top level .xxx was opened.

Phase 3 (Domain matching): 06 May 2015 to 31 May 2015
During that period you may register your domain name if you are already the owner of the corresponding .xxx domain name.

Phase 4 (Landrush): from 04 June 2015
As from that date registration is open to all.

Many of our clients have had their trademark registered with the TMCH or have blocked it in .xxx and will thereby be able to block the corresponding domain names in phase 1 and/or 2. Hereby the obvious advantage becomes available that one is capable of eliminating the risk that other parties register one’s trademark as a part of a .porn or .adult domain name when, after 04 June 2015, that option becomes available to everybody.

Pro et contra

It goes without saying that it may be extremely damaging if one’s company trademarks are associated with porn websites. To many that risk would be sufficient for one to choose to register (block) ones trademark as a part of a .porn or .adult domain name so as to thereby be able to be in control of the content of the associated website.

On the other hand, a considerable cost may be involved if one has to block many domain names, and the risk of a third party getting the idea of registering the trademark as a part of a .porn or .adult domain name is not equally high to everybody. If one has registered one’s trademark with the TMCH, one will be notified when/if other parties register the trademark as a part of a .porn or .adult domain name, and one will have the option of reacting to it. However, at that point the damage is done, and resources are to be spent either on buying back the domain name or on commencing complaint proceedings. Either way, that is unfortunately a choice between cholera and the plague.

Please contact us if you would like to know more about .porn or .adult.