Last fall, I blogged a bit about the introduction of the ".xxx" web domain, and how it would be important for franchise companies to protect their vital brands and trademarks by either opting out before the deadline (now passed) or registering those brands and trademarks in the .xxx domain themselves.

The .xxx domain has apparently been a success, and the same company that brought it to the internet now wants to add .sex, .porn, and .adult domains as well.

Given this "success" (which I readily acknowledge is a relative term), I was wondering what was happening when owners of brands and trademarks challenged a .xxx registration. In looking, I stumbled upon an excellent piece from Anthony Lupo and Amy Salomon at Arent Fox on just this topic.

Mr. Lupo and Ms. Salomon looked at 17 arbitration cases that had been filed before either the World Intellectual Property Association or the National Arbitration Forum in the six months since the .xxx domain went active. While admittedly early in the enforcement phase, it is emerging that registrations made by entities who are not members of the adult entertainment industry and who are not actively commercializing or otherwise making use of the domain name will be terminated or transferred.

While this is good news, a question remains as to what will happen when the registrant is a member of the adult entertainment industry and/or is commercializing the site. My advice? Don’t wait. Exert control over your brand and trademarks by registering them with the .xxx domain, and consider doing the same with the .sex, . porn, and .adult domains. Your brand to too valuable and the solution is too easy.