Today, 7 September 2011, marks the launch of the new specific top level domain (sTLD) .xxx which was created to signpost websites which contain adult entertainment. The launch of .xxx will progress in stages, allowing for certain people to either register or reserve domain names above others. The first stage, that which commenced today, is the sunrise period.
The Sunrise Period (7 September – 28 October 2011) is relevant to two groups of people:
- Sunrise A: People already within the adult entertainment space who either own a registered trade mark and use it in the current provision of online adult entertainment or operate an existing domain name in another gTLD or ccTLD in relation to the current provision of online adult entertainment; and
- Sunrise B: People with registered trade marks who wish to prevent their use in the context of a .xxx domain name.
Sunrise A
Those people listed above can apply to register a domain name in .xxx. If no-one else in Sunrise A applies for the domain name applied for, it will be automatically allocated.
If more than one person applies for the same domain name, it will be auctioned.
Sunrise B
Those people listed above can apply to reserve a domain name in .xxx. Reservation of a domain name does not mean that the registrant will need to use it. Instead it permanently prevents that particular domain name from being registered by a third party and thereby from any exposure in the online adult entertainment industry.
To be eligible, your trade mark must have been registered, not merely accepted, prior to 1 September 2011.
For the purpose of reservation it does not matter if more than one person applies to reserve for the same domain name and it will be treated as if one application has been made.
If a domain name has been applied for by a person from Sunrise A and Sunrise B, the Sunrise A applicant will have priority. The Sunrise A applicant will be notified of the Sunrise B applicant’s rights and given the option to rescind its application.
Application
A person from Sunrise A and Sunrise B may apply to register or reserve a domain name to select ICANN accredited registrars. There are standard official charges in respect of both Sunrise procedures.
Applications are not processed on a first come first served basis.
Future disputes
The Sunrise period is based on the prevention rather than cure theory. Therefore if a trade mark owner does not reserve a domain name, they are still able to dispute use of its name if it is later registered by a third party.