Answers provided by Stuart Lawley (ICM Registry) & Jonathan Robinson (IPRota)

Post-Launch Considerations

1. Who decides whether a particular seller of goods and services to the adult entertainment industry constitutes a Sponsored Community member. For example, does the caterer who drops off pizza at the porn studio constitute a Sponsored Community member?

Whether a registrant qualifies as a member of the sponsored community is determined at the time of registration via self attestation, but is subject to review by ICM and/or the CEDRP administered by NAF.


2. Stuart mentions a "14 day" period with the RES procedure but didn't describe it. How does the 14-day period interact with the 48 hour evaluation turnaround period?

Full details relating to RES and CEDRP are now published.


3. ICM's site says "The Registry is currently in discussions with potential dispute resolution service providers regarding the CEDRP and RES procedures." Has this been updated yet? If not, when?

Yes, the dispute resolution provider is the National Arbitration Forum (NAF).


4. With what entity (dispute service provider) will RES complaints be filed? (And where is this information set forth on the ICM Registry website?)

NAF and www.icmregistry.com


5. How is a defensive registration supposed to survive a CEDRP proceeding?

If the domain name is defensively registered in General Availability as a non-resolving registration, by definition it will not be subject to challenge through the CEDRP.


6. How will the banning of registrants found to be repeat abusers will be handled?

This will be a policy matter for IFFOR to discuss.


7. Do you have to file UDRP within two days of filing the RES or otherwise the domain will be forever blocked?

No, the two day condition is just a temporary suspension pending full adjudication. UDRP can be filed in the interim.


8. What is the fee to file a RES? Who pays?

US $1300; complainant pays


9. Will .xxx domain names ever be activated on Internet if the Registrant is a non-adult member of the community?

See answer to question # 1 above.


Sunrise Process

10. Will WHOIS data state the opt-out entity?

No, Whois will simply state "Registry Reserved" or have the registry’s (ICM's) details.


11. When will fees for sunrise B be decided?

Baseline fees for Sunrise and General Availability periods have been set by the Registry, but all registrants must process registrations through ICANN-accredited registrars. For your specific registrar's fees, please contact your registrar.


12. For Sunrise B, can you have just a domain name and not a registered trademark? 

No, it must be based on a registered trademark. 


13. Is a Madrid extension of protection a sufficient national trademark registration for Sunrise B?

No.


14. Is it correct that if Delta Airlines blocks delta.xxx and Delta Porn doesn't exist until 2012 but then starts acquiring trademark rights and gets a trademark registration, Delta Porn will never be able to acquire delta.xxx?

Correct, the block is permanent.


15. Are there any country registrations that are not eligible to block a name in the sunrise?

No.


16. Can the registered trademarks used as the basis for a blocked domain be issued in any jurisdiction?

Yes. Supporting documentation and/or English-language translation may be required.


17. Is there a fee schedule for opt-in or opt-out?

See answer to question #11 above. Please contact your registrar.


18. Does a block expire with the expiration of the underlying trademark registration, or does it last forever? Can a block be challenged or renewed or can the basis of a block be switched to a different active trademark registration? Is the .xxx domain released for general availability?

The block will be permanent. ICM reserves the right to reinstate any name if the underlying trademark registration used to reserve it lapses, however this is not automatic.


19. Assuming use in commerce, is there any reason to believe Benelux registrations will not be sufficient for Sunrise B purposes?

No, Benelux trademarks are sufficient.


20. Is a Sunrise B registration "permanent," or only 10 years?

It is permanent.


21. For the sunrise period, are only registered marks eligible, or are pending trademark applications also eligible?

The trademark must be registered before September 1, 2011 to qualify.


22. If I have a trademark that is hyphenated, can I register it to be blocked in the form with the hyphen and also in the form without the hyphen?

Yes.


23. If I have a domain name that includes a trademark and some unrelated letters, can I register that to be blocked if it's not a registered mark in that same exact form as the domain name?

No, the block must correspond to the exact trademark (no additional letters or terms can be added).


24. It sounds like there's no opt-out option after Sunrise is over. A non-member of the community can't opt out if it creates a new brand after sunrise is over? Is that correct?

After Sunrise there is no permanent opt out, although from General Availability non-members of the community can simple register names as "non-resolvers", subject to annual registration fees.


25. Would a blocked domain name become available for registration by a member of the community if the registration upon which the blocking reservation is based is cancelled at a later time.

Potentially, yes.


26. Does a Sunrise B registration for brand.xxx block brandsex.xxx?

No, exact match only.


27. During the current pre-reservation Wish List period, can anyone submit any desired domain name to the Wish List? For example, I am not clear if I can enter my clients' registered and unregistered trademarks into the Wish List.

The previous ICM "pre-reservation" service was simply an expression of interest. All such applications need to be properly submitted through an accredited registrar.


28. Reference is made to "registered textual trademarks"; can a registered numeric trademark such as 707 be protected?

Yes.


29. Is it accurate that for a US or other applicant to obtain a .xxx registration it must own a US or foreign trademark registration as well as establish use?

Only in Sunrise A and Sunrise B.


30. In Sunrise B, there is only a one-time fee and no annual renewal fees?

Correct, one-time fee only.


31. Regarding protection of "variants": does that mean that you can pay an additional application fee to put in a common misspelling in an attempt to avoid typosquatting-related issues?

No, variants refers to special characters, for example replacing & with "and" etc.


32. Does one need both a national registration AND use in commerce in the jurisdiction?

Yes. ICM may require supporting documentation and/or English-language translation.


33. What happens if the Sunrise A applicant ignores the notification about a corresponding Sunrise B application and continues with its application?

The registration will proceed, but the registrant cannot claim lack of notice in any subsequent proceedings.


34. Please explain the auction process.

No auctions in Sunrise B, in Sunrise A all qualified applicants will go to auction for that name.


35. What are proxy services?

This service allows a registrant to "mask" its true identity.