A new internet domain extension (“.xxx”) has been created to provide the adult entertainment industry with a unique domain extension and to help the general public to easily identify and/or avoid adult content sites when searching the internet.   This release has caused quite a stir.

Some web companies have taken an alarmist position and are instructing people to take very aggressive measures to defend themselves.   And while the possibility does exist that your business name could be purchased by “squatters” and used to host an adult content website on a .xxx domain; our position is that the risk is not any greater now, than it has always been.   The addition of .xxx domains simply adds one more extension to the already long list of .com / .net / .biz / .info / .co / .me / .mobi / .tv / etc.

Even if you purchase your existing domain name with the .xxx extension – countless variations exist that utilize dashes or additional word combinations.  A few examples of this might include:

  • www.yourfirmname.com / www.your-firm-name-office.com  / www.yourfirmname-office.com
  • www.your-firmname.com / www.yourfirm-name.com / www.yourfirmnamelawyers.com
  • www.yourfirmname-lawoffices.com etc.

There are hundreds if not thousands of combinations considering all the URL extensions and variations with hyphens.   It would be costly to fully protect against all variations.

That said, we want to inform you of this potential threat and spell out a few facts:

1.) It is possible for someone other than you to register www.yourcompanyname.xxx without your knowledge.

2.) The U.S. Patent and Trademark Office has installed a system to allow companies to block their company name if the name has been trademarked from becoming an .xxx domain before it goes on sale to the general public.  If you wish to take this protective measure, you can follow these steps:

  •  If your business name has been trademarked you can block the equivalent .xxx domain from being registered during the very first registration called “Sunrise B”.  This early registration period is strictly limited to trademarked companies.  The deadline for application is October 28,, 2011, and the processing fee is $199.99.  The registration process and additional information can be found at http://www.godaddy.com/tlds/xxx-domain.aspx
  • If you have not yet trademarked your firm or company’s name, you will still be able to apply for a defensive registration once the .xxx domains are opened to the public during the “General Availability” sessions which opens on December 6, 2011, and the fee is currently set to be $99.00.

We encourage you to consult with your own legal counsel on the legal, business, financial, and related aspects of securing a trademark to protect against any possible infringements.  If you have any questions or need assistance securing an .xxx or any other domains please contact us at (512) 806-7955 to discuss this further.  Additional information about the program and registration requirements can be found here:  http://www.icmregistry.com.

Respectfully,

Joe Devine

President & CEO

Cloud [8] Sixteen, Inc.