Registration of .XXX top-level domains, specifically for adult-oriented websites, will be launched on 7 September 2011.
The introduction of the new top-level domain brings a new risk to IP rights holders, whose trademarks may be used by cybersquatters registering a porn-content website with a .XXX domain.
Trademark holders do not need to register .XXX domains for themselves to protect their trademark from being associated with pornography. They can also submit a motion to permanently block the registration of a particular name (eg trademark.xxx) which, once blocked, will redirect internet users to a page informing them that the name has been excluded from .XXX registration.
The trademark holders may submit motions to block the registration of their domain names from 7 September 2011 until 28 October 2011, paying a one-off fee of c.US$200-300.
Anyone who does not submit a motion within this period to block the registration of their domain names will only be able to protect a trademark by buying the .XXX domain, for which the ordinary registration fee is US$75 a year.
They could also wait and take action only when their IP rights are violated, by initiating either a rapid 48-hour domain take down procedure (in obvious cases), the standard domain name dispute resolution procedure or a regular court action.