.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

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

AEBN Publishes Popular Searches for September, October

AEBN has published the top search terms for the months of September and October from its straight and gay theaters in all 50 states and the District of Columbia.

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems to prevent access by users under 18.

Show More