New XXX Web Domain Names Now Available This One is Gonna Be Costly

by Shannon Miller

For a very steep price of $99.00 at GoDaddy.com and other registrars you can have your very own XXX Domain name as of today.
 
Well, okay it is not quite that simple yet. Yes you can do a pre-purchase of a domain but in order to use it for its intended purpose (for adult entertainment, hence the XXX) one must fill out an an ICM Application Form. The idea behind this is that it is an easy way to keep all adult related content under one general "area" and being "adult about it," as their tagline goes.
 
These domains are considered adult friendly top level domains. The "about" page for the IMC Registry seems to be talking out of both sides of its mouth. One one side they talk about keeping adult content in one place. According to the ICM Registry: "Regardless of your views on adult content, it's here to stay, so let's be adult about it. The creation of .XXX will create a clearly signposted place where adult entertainment can be accessed and allow surfers to have a clear idea of the nature of the site before they click, rather than after."
 
On the other side they state - "What are some new opportunities offered with .XXX domains? ICM says, "Domains that were previously unavailable in the dot-com world are suddenly available such as casting.xxx, live.xxx, desi.xxx, or free.xxx. The possibilities for new domain names are endless."
 
However, No matter what the reason for the new .XXX domains is it is hard to think that this does not open up many new domains names with a .XXX domain address. This will also cause a great many companies to need to go out and purchase the overpriced domains just to protect their trademarked assets.
 
This whole thing was rather hush-hush. In fact, I called Go Daddy and asked why registrars of many domains did not hear anything about this in their sales literature (and stated that I spoke to a GoDaddy rep today for quite some time as well as over a week ago and no one breathed a word). I asked about the opt-out period and the company rep seemed a bit confused for a moment. When I asked again why we were not alerted, he said ina faint tone, "I guess we really do not want to be associated with it."
 
ICM designated bizarre terms for these different launching periods, the first period being called Sunrise "A & B". During these phases a company could show proof of federal Trademark and protect their brand and domains at an even steeper $200-$500 cost per mark. This "Sunrise" period began quietly on Sept 7,2011 and ran thru October 25, 2011.
 
This was followed by a quiet period then a new phase called "Landrush" where you could inquire about acquiring one of these .XXX domains. During this opt-out period, legal counsel Purvi J. Patel, and Leanne Stendell of Haynes and Boone LLP was assigned, stating in its newsroom article Sept 7, 2011: "Meanwhile, if a member of the adult entertainment industry files an acceptable application to register a domain, then it will obtain the domain, even if it conflicts with an opt-out application submitted by another trademark owner. Prior to registration of the domain, the adult entertainment applicant will be notified of the trademark owner’s competing claim and can elect to withdraw its application for the .XXX domain, but it is not obligated to do so."
 
The addition: "After the Sunrise period ends, others in the adult entertainment industry will have an opportunity to register any .XXX domain they wish that has not been blocked through the opt-out process, whether or not the registrant can prove any claim to the domain."
 
As for trademarks: "Trademark owners will also be able to file federal trademark infringement lawsuits under the U.S. Anticybersquatting Consumer Protection Act regarding infringing .XXX domains, subject to certain jurisdictional requirements."
 
According to a rep at Go Daddy registration,  the registering of Hollywoood stars names with the .XXX after them has already begun occurring. This reminds me,  all to well, of the domain-purchasing frenzy that went on in the late 90's thru early 2000's. There were many people who went out and registered domain names like Macy's.com, or the like, in hopes the company would make them a huge financial offer to obtain their Trademarked name that was then being used on the web. Many companies did just that in the early days, before lawyers and precedents were set and a whole new era of lawsuits sprang out of nowhere.
 
Courts are overburdened by it, and companies spent millions protecting their brands in this new frontier. I can only imagine the "Pandora's Box"  this new .XXX Domain is going to unleash. This time, I hope we are swifter at dealing with those that try to make money on the back of others and do hope this curbs the mysterious internet highways and makes them safer for us all.

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