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RapidShare files UDRP claim on Rapid.org

Kevin Murphy, July 7, 2010, Domain Policy

RapidShare, confidence bolstered by a number of recent UDRP wins against domains that contain its trademark, has now turned its attention to some more dubious challenges.

The German file-sharing service has lately filed UDRP claims on the domains rapid4me.com, rapidownload.net, rapidpiracy.com and rapid.org, none of which contain its full “rapidshare” trademark.

The sites in question all relate to sharing files (mostly copyrighted works) on RapidShare. Rapid.org bounces visitors to Bolt.org, a file-sharing forum for predominantly pirated content.

It’s a bit of a stretch to see how any of these domains could be seen to be confusingly similar to the RapidShare trademark. But not, I think, a stretch too far for many UDRP panelists.

Ironically, Rapid.org, which must be worth a fair bit on the aftermarket, was originally registered in 1997 by an IP-protection company.

RapidShare has filed dozens of UDRP claims over the last few months, initially targeting file-sharing sites that utilized rival services, before broadening its campaign to also hit RapidShare-centric sites.

RBS wins totally bogus UDRP complaint

Kevin Murphy, June 28, 2010, Domain Policy

The Royal Bank of Scotland has been handled control of the domain rbscout.com in a UDRP decision I have no trouble at all describing as utterly bogus.

RBS, naturally enough, owns a trademark on the term “RBS”. Its UDRP claim is based on the notion that a domain beginning with “rbs” is therefore confusingly similar.

For this to work, logically, the meaning of “rbscout” must be taken as “RBS cout”.

Cout?

The idea that the registrant actually had “RB scout” in mind does not appear to entered into the deliberation of the National Arbitration Forum panelist, Paul Dorf.

It took me all of two minutes with Whois and Google to determine that the registrant, The Auction Scout, is a player in the market for auctioning heavy machinery, and that RB, Ritchie Bros., is such an auctioneer.

There’s simply no way the registrant could have had RBS in mind when he registered the domain back in February.

So why did Dorf find evidence of bad faith?

Because the domain rbscout.com resolves to a default Go Daddy parking page, which displays advertising links to financial services sites including RBS’s own site.

So, just because Go Daddy’s algorithms are confused by the string “rbs” appearing in a domain, human beings would be similarly confused?

It defies common sense. Dorf should be ashamed of himself.

ICANN chair says new TLD guidebook could be final by December

Kevin Murphy, June 28, 2010, Domain Policy

Peter Dengate Thrush, chairman of the ICANN board, thinks there’s a chance that the Applicant Guidebook for new top-level domains could be ready by ICANN’s next meeting, set for Cartagena in early December.

The board resolved in Brussels on Friday to turn its September two-day retreat into a special meeting focussed on knocking the DAG into shape.

Shortly after the vote, Peter Dengate Thrush spoke at a press conference (emphasis mine).

Soon after the closing of the [DAG v4] public comment period was a regularly scheduled retreat for the board to go and do what boards do at retreats, and what we’ve decided today to do is to use that two-day retreat to see if we can’t make decisions on all the outstanding issues in relation to the new TLD program.

That’s probably reasonably ambitious, there may still be a couple left, but we want to get as many of them out of the way as we can. That means that when we come to the next ICANN meeting in Cartagena in December we hope to be very close if not actually able to hand out the Applicant Guidebook for that new process.

I asked him what outstanding issues needed to be resolved before the DAG can be finalized. Instead of a comprehensive list, he named two: IP protection and the Governmental Advisory Committee’s “morality and public order” concerns.

The IP issue is “close” to being resolved, he said, but “there may still be issues”.

On MOPO, he said there is “a potential conflict emerging” between GAC members who value free speech and those who are more concerned with their own religious and cultural sensitivities.

When I followed up to ask whether it was possible to reconcile these two positions, this is what he said:

What we’ve done is ask the GAC is how they would reconcile it… now they are saying that they can’t see how it can be done. We see that very much as a problem either for the GAC to change its advice, or to provide us with a mechanism whereby that can be reconciled.

The Brussels GAC Communique (pdf), has little to say on MOPO, delaying its advice until its official DAG v4 public comment filing.

MOPO has already created tensions between the GAC and the board. The conversation at their joint meeting on Tuesday went a little like this:

GAC: We don’t like this MOPO stuff. Please get rid of it.

BOARD: Okay. What shall we replace it with?

GAC: Erm…

BOARD: Well?

GAC: It’s not our problem. You think of something.

BOARD: Can you give us a hint?

GAC: No.

BOARD: Please? A little one?

GAC: We’ll think about it.

So can we expect the GAC to get its act together in time for Cartagena? That, too, seems ambitious.

ICANN Brussels – some of my coverage

Kevin Murphy, June 26, 2010, Domain Policy

As you may have noticed from my relatively light posting week, it really is a lot easier to cover ICANN meetings remotely.

The only drawback is, of course, that you don’t get to meet, greet, debate, argue and inevitably get into drunken fist-fights with any of the lovely people who show up to these things.

So, on balance, I think I prefer to be on-site rather than off.

I was not entirely lazy in Brussels this week, however. Here are links to a few pieces I filed with The Register.

Cyber cops want stronger domain rules

International police have called for stricter rules on domain name registration, to help them track down online crooks, warning the industry that if it does not self-regulate, governments could legislate.

.XXX to get ICANN nod

ICANN plans to give conditional approval to .xxx, the controversial top-level internet domain just for porn, 10 years after it was first proposed.

Governments mull net censorship grab

Governments working within ICANN are pondering asking for a right of veto on new internet top-level domains, a move that would almost certainly spell doom for politically or sexually controversial TLDs.

New TLD guidebook could be finalized at ICANN retreat

Kevin Murphy, June 21, 2010, Domain Policy

ICANN’s Draft Applicant Guidebook for new TLDs could become the Final Applicant Guidebook at an ICANN retreat before the next ICANN meeting.

Chairman Peter Dengate Thrush said at a press conference here in Brussels earlier that a private two-day board retreat this year, focused entirely on new TLDs, could “clear up any remaining issues” with the DAG.

I believe he was referring to the ICANN board’s scheduled September 24-25 retreat, although he may have had something else in mind.

Dengate Thrush said that we should not expect the board to pass as many resolutions relating to the DAG at the end of the Brussels meeting as it did at the end of Nairobi three months ago.

But he still expects DAG v4 will be the final draft published before the guidebook is finalized.

“The reality is that there are a number of overarching issues where the community has to reach consensus, and it’s difficult for us to put time limits on the community,” he said.

A few minutes ago, during an open mic session on new TLDs, Jon Nevett of Domain Dimensions questioned whether there should be a special ICANN meeting, before the retreat, to give the community a chance to help with the finalization process.