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.food could be heading for limbo after closed generic applicant wins auction

Kevin Murphy, September 1, 2015, 16:42:22 (UTC), Domain Policy

The future of the .food gTLD is up in the air after single-registrant applicant Lifestyle Domain Holdings won its contention set.

The applicant, a subsidiary of Scripps Networks, is the sole remaining .food applicant after withdrawals from Donuts and Dot Food LLC.

It’s also a recalcitrant “closed generic” applicant, which continues to insist it has the right to exclude all third-party registrants from the .food namespace.

The company seems to have won .food at auction, even though ICANN recently slapped a ban on closed generics in the current application round.

Scripps will not be able to launch .food any time soon, unless it changes its planned registration policies.

The company may have essentially just paid to have .food placed on hold until the next new gTLD round.

Scripps runs a cable TV station in the US called Food Network, which it says is famous. It also runs Food.com, which it describes as “the third largest food site on the web”.

The current version of its application states:

Applicant intends to function in such a way that all domain name registrations in the TLD shall be registered to and maintained by Applicant and Applicant will not sell, distribute or transfer control of domain name registrations to any party that is not an Affiliate of Applicant

When ICANN asked applicants if they would like to revise their closed generic applications to allow third-party registrants, due to adverse Governmental Advisory Committee advice, Scripps was one of half a dozen applicants to decline.

Audaciously, the company told ICANN that an open registration policy for .food would hurt its brand:

To open the top level domain means that anyone could register a domain for a small annual amount of money and exploit, confuse and infringe upon the brand equity and goodwill of the famous FOOD, FOOD NETWORK and FOOD.COM brands established by Scripps with more than twenty years and hundreds of millions of dollars in investment.

Yes, Scripps thinks that when people think of “food”, they automatically think of the “third largest food web site” or a cable TV network that gets a 0.21% audience share in the UK.

A nonsense position, in other words.

So will Scripps get to run .food as a closed dot-brand? Probably not.

In June, ICANN ruled that the remaining closed generics applications (.food, .hotels, .grocery, .dvr, .data, and .phone) had the choice of either withdrawing, dropping their exclusivity plans, or carrying their applications over to the next gTLD application round.

Having just paid its competing applicants to go away, one assumes that Scripps’ withdrawal is off the cards.

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