The internet registry organisations realised, when they decided to introduce the .xxx or “dot triple-X” as a voluntary option for pornographic website domain names from 1 December 2011, that many owners of existing domain names would not welcome the registration of .xxx versions of those domains by the adult entertainment industry, whatever the motivation for the use of such names might be.

Accordingly, the operators of the .xxx Top Level Domain (TLD) have allowed a three month “sunrise period”, before the dot triple-X names become active, for the owners of registered trade marks to register the .xxx version of their mark and so “block” others who might like to use it.

While there are also provisions for post launch rights protection, with over one million advance registrations of .xxx domains businesses in the adult entertainment industry, registered trade mark owners are advised to consider carefully whether “prevention is better than cure” for their brands, and adopt defensive registrations. UK Trade Mark Attorneys are generally well equipped to advise on brand protection in the round, considering both internet domain name and other brand name issues.