Latest news of the domain name industry

Recent Posts

GAC gets its way in new Applicant Guidebook

Kevin Murphy, June 5, 2012, Domain Policy

ICANN’s Governmental Advisory Committee is the beneficiary of the biggest changes in the new version of the new gTLD program Applicant Guidebook.

Published late last night, the Guidebook has been revised with mainly cosmetic changes.

The exception is the updated text on GAC Advice on New gTLDs, the mechanism through which the GAC can effectively torpedo any new gTLD application it doesn’t like.

The new text is exactly what the GAC asked for following the ICANN meeting in Dakar last October, rather than the edited version ICANN chose to put in the Guidebook in January.

Basically, the GAC put ICANN staff on the naughty step in Costa Rica this March for failing to insert its advice into the Guidebook verbatim, and this has now been rectified.

The changes don’t mean a heck of a lot for applicants.

Essentially, if the GAC finds a consensus against an application, there’s still a “strong presumption” that the ICANN board should reject it.

If only some governments object, the board is still expected to enter into talks to understand the scope of the concern before making its call.

The new Guidebook has removed two references to the fact that the ICANN board can overrule a GAC advice-objection, but that power still exists in ICANN’s bylaws.

The main reason the text has been removed was that the GAC complained in Costa Rica that it appeared to weaken the consultation process required by the bylaws.

And it was pissed off that ICANN staff had edited its text without consultation.

Will India’s biggest dot-brand be blocked?

Kevin Murphy, June 1, 2012, Domain Policy

TATA Group, the $83-billion-a-year Indian conglomerate, has confirmed to local media that it has applied for the new dot-brand top-level domain .tata.

Reporting on the approximately 50 new gTLD applications known so far to originate in India, the Business Standard confirmed the .tata bid.

But the company may find itself on the receiving end of nasty surprise — Tata is a protected geographical string under ICANN’s new gTLD rules.

Tata is also a Moroccan province listed in the ISO 3166-2 standard and the string is therefore recognized as a “sub-national place name” that gets special privileges.

Such strings are “considered geographic names and must be accompanied by documentation of support or non-objection from the relevant governments or public authorities”, according to the ICANN Applicant Guidebook.

While it will be up to the Geographic Names Panel to make the call, “tata” looks to me like a pretty straightforward case of a protected string.

Has Tata obtained this consent from Morocco already? I guess we’ll find out on June 13, when ICANN reveals the public portions of all 1,900-plus new gTLD applications.

Tata also colloquially means “boob” in American.

Melbourne IT CEO calls for digital archery delay

Kevin Murphy, May 31, 2012, Domain Policy

Theo Hnarakis, CEO of top-ten registrar Melbourne IT, has asked ICANN to delay its imminent “digital archery” gTLD application batching system until a better solution can be found.

Talking to DI today, Hnarakis said he’s worried that digital archery currently favors applicants for desirable generic strings such as .web at the expense of uncontested dot-brands.

With a limited number of places per batch, and with ICANN currently promising to promote all contested applications to the batch containing the best archer, we’re potentially looking at a first batch dominated by contested gTLDs rather than dot-brands.

This, Hnarakis said, will lead to many more second-level defensive registrations by companies that have applied for dot-brand gTLDs but were placed in later batches.

“We’re going to have a situation where very many companies who said they’re going to apply [for a dot-brand] to get off the treadmill of being forced to protect their brand at the second level won’t be able to do so for a year or two years,” he said.

Without an alternative batching process, the new gTLD program risks looking like “another exercise in generating a lot of defensive registrations from brand holders”, he said.

Hnarakis has written (pdf) to the ICANN board of directors’ new gTLD program committee to express his concerns and to point out that when ICANN starts to review the program in 2014 it risks not being able to evaluate the benefits of the dot-brand concept.

He said he prefers a batching method that favors uncontested and uncontroversial strings.

By the time the new gTLD public comment period is over in August, ICANN should have a pretty good idea of which applications are controversial, he said. This would require some subjective decision-making, something ICANN has always resisted, he acknowledged.

He wants a delay to the digital archery process, which is currently scheduled to kick off next Friday, for further community discussions.

“There seems to be a broad sentiment that this isn’t this best method, but people don’t want to rock the boat because they don’t want to see any further delay,” Hnarakis said.

“I don’t care if there’s any further delay,” he said. “I just want to make sure… it’s done in a way that’s fair for all parties, brand holders particularly, and that ICANN comes out of it with some credibility.”

Melbourne IT is well-known for its digital brand management services. It has 146 new gTLD consulting clients, the vast majority of which are dot-brand applicants.

Olympic domain watch list shows hundreds of squats, legit names too

Kevin Murphy, May 30, 2012, Domain Policy

Lawyers for the International Olympic Committee have released a list of hundreds of domain names allegedly cybersquatting the Olympic trademark, all registered in just a couple of weeks.

But as well as showing that there are hundreds of idiots out there, the list also sheds light on substantial numbers of apparently legitimate uses of the word “olympic” by small businesses.

The insight comes from two weekly zone file monitoring reports, compiled for the IOC by Thomson Compumark, which were circulated to an ICANN working group this week.

There are about 300 domains on the lists. At first glance, it looks like the IOC has a serious problem on its hands.

According to IOC outside counsel Jim Bikoff:

These unauthorized registrations–often for pornographic, phishing, gambling or parked sites–dilute and tarnish the Olympic trademarks, and attempt to exploit for commercial gain the good will created by the Olympic Movement. The unauthorized domains already oblige the IOC and its National Olympic Committees to expend significant amounts of time and money on monitoring and enforcement activities.

Based on a perusal of the lists and a non-exhaustive, non-scientific sampling of the sites the domains lead to, I’d say a comfortable majority are fairly straightforward cases of bad faith.

I couldn’t find any porn or phishing, but most of the domains I checked either do not resolve or resolve to placeholder or parking pages. If they resolved to a developed site, it was usually a splog.

However, a non-trivial minority of the domains are being used by apparently legitimate small businesses that have absolutely no connection to sports whatsoever.

Check out, for example, olympic-grill.com, olympicautorecycling.com, olympicbuildersgc.com, olympicco.com, olympiclandscapes.com, olympicrollingshutters.com, or olympicpromotions.info.

These are domains all apparently registered in the same week, and all appear to be kosher uses of domain names (though the logo choice at olympicpromotions.info is just begging for trouble).

A fair number of the domains on the list appear to be re-registrations of domains that have previously expired, judging by historical Whois records.

One would imagine that if there was value in cybersquatting a nice-looking domain such as 2012olympicstickets.com, for example, the former squatter probably wouldn’t have let it go.

Perhaps the “best” typo I found on the list, ollympics.com, is registered to a British guy called Olly. Assuming that’s his actual name, it seems like pretty good evidence of good faith.

The IOC, incidentally, has only ever filed 15 UDRP cases, on average fewer than two per year, so claims about spending “significant amounts” on enforcement are questionable.

As TAS closes, ICANN reveals new gTLD runway

Kevin Murphy, May 30, 2012, Domain Policy

ICANN has confirmed plans to open up the next phase of its new generic top-level domain program next week.

The controversial “digital archery” process, used to assign priority batches to applications, will begin June 8 and end June 28, according to a statement issued in the early hours of this morning.

That means digital archery will close the same day as ICANN’s public meeting in Prague ends.

The results of the batching will not be revealed until July 11.

And ICANN has confirmed that June 13 is indeed the date for the Big Reveal, when details of all the applications will be published for public perusal, as we reported Friday.

That would make June 12 or thereabouts the deadline for getting a full $185,000 refund.

Applicants have until a minute before midnight UTC tonight to finalize their applications if they have not done so already. Then, the TLD Application System closes for at least a few years.

Surprisingly, as many as a quarter of the anticipated 2,000+ applications were not yet complete as of last night, according to ICANN.

As of today, over 500 applications remain incomplete in TAS – either a complete application has not been submitted, and/or the full fee has not been paid. If you have not completed your application, we urge you to do so in TAS as quickly as possible.

Let’s hope the upgrades ICANN made to TAS are sufficient to handle a hammering today as so many applicants log in to the system.