.XXX Trademark Owner May Be Harmed If sTLD Is Approved

LOS ANGELES — Now that the comment period for the .XXX sTLD on ICANN’s site has ended, the debate whether to approve ICM’s application to sell the domain name is just heating up.

Many in the adult industry have spoken out against approving ICM’s application. But this issue goes beyond adult and affects business owners in mainstream as well.

A quick trademark search found hundreds of business’ that have registered XXX and use it either by itself or in conjunction with other terms.

One owner in particular, Mindy Nashif, who has a registered trademark for .XXX and uses the .XXX brand as part of her specialty crayons business, claims her company will be harmed if ICM’s application is approved.

“If a .XXX TLD is allowed by ICANN, it is virtually inevitable that my trademark would be tarnished, devalued and virtually destroyed,” she posted on the ICANN site. “No on .XXX TLD.”

She added, “Teens and children will always be a significant market for my .XXX crayons and crayon novelty products. Because of this, the likely TLD association of my crayon brand name with what will likely be hundreds of thousands of hardcore sex sites if ICANN allows the TLD, is particularly damaging to my brand as it applies to the child and teen market segment.”

Trademark attorney Annette Heller told XBIZ that while Nashif doesn’t own the extension, (ICANN is the body that controls the various extensions) she does own it as a trademark for her crayon business and may have a legal claim.

“If she has a viable product that is sold in the marketplace, if she can prove that the use of .XXX is causing her business disparagement, then she could get her case heard,” Heller told XBIZ.

Heller added that the burden of proof is on the business owner to establish and provide evidence that the business has suffered as a result of .XXX.

“I shudder to think what would happen if children or teens hoping to find a site selling my crayons type into their Internet browser something like ‘buy.xxx’,” Nashif said. “I strongly oppose ICANN’s allowing a .XXX TLD and respectfully ask that you do not grant the applicant’s petition for a .XXX TLD.”

One businessman, who didn’t want his name published, has trademarked DOTXXX and also owns an online dating site among several others. He told XBIZ that he applied for a .XXX trademark registration in 2000 related to adult online retail store services such as adult novelties, toys, marital aids and lingerie. The application was denied, but the DOTXXX trademark was approved. Though he says he wouldn’t make a claim in court, he feels the .XXX sTLD is a bad idea.

“I think it would segregate the adult industry and dilute the value of the trademark,” he told XBIZ. “It would create a lot of problems for the .com environment.”

Now that the comment period is over, ICANN's CEO and general counsel will review the comments submitted and prepare a summary analysis of the various submissions to present to the Board for consideration of the possible process options no later than ICANN's international meeting in Brussels.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Show More