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KSRegistry to provide back-end for three ccTLDs

Kevin Murphy, August 23, 2012, Domain Registries

KSRegistry, the registry services arm of Key-Systems, has won deals to provide the back-end infrastructure for .gd, .tc and .vg.
The three Caribbean island nations — Grenada, Turks and Caicos Islands and British Virgin Islands — have used London-based AdamsNames for their registries for many years.
AdamsNames is now outsourcing the gigs to KSRegistry, according to a press release.
The transition means that the three ccTLDs will move to a standard EPP interface and dump its XML-RPC one, making it easier for registrars to start selling the names.
The .tc space is currently closed to new registrations, however. AdamsNames said it plans to relaunch the ccTLD in October following a marketing campaign.
KSRegistry, which is the named back-end provider for 27 new gTLD applications, also recently took over technical services for .dm, the Dominican ccTLD.

New gTLD hopefuls set aggressive targets for ICANN

Kevin Murphy, August 22, 2012, Domain Registries

ICANN should start delegating new gTLDs in the first quarter of next year as previously planned and the Governmental Advisory Committee should work faster.
That’s according to many new gTLD applicants dropping their ideas into ICANN’s apparently semi-official comment box on application “metering” over the last week or so.
ICANN wanted to know how it should queue up applications for eventual delegation, in the wake of the death of batching and digital archery.
According to information released over the past couple of weeks, it currently plans to release the results of Initial Evaluation on all 1,924 still-active applications around June or July next year, leading to the first new gTLDs going live in perhaps August.
But that’s not good enough for many applicants. Having successfully killed off batching, their goal now is to compress the single remaining batch into as short a span as possible.
The New TLD Applicant Group, a new observer group recognized by ICANN’s Registry Stakeholder Group, submitted lengthy comments.
NTAG wants Initial Evaluation on all applications done by January 2013, and for ICANN to publish the results as they trickle in rather than in one batch at the end.
The suggested deadline is based on ICANN’s recent statement that its evaluators’ processing powers could eventually ramp up to 300 applications per month. NTAG said in its comments:

Notwithstanding ICANN’s statements to the contrary, there is not a consensus within the group that initial evaluation results should be held back until all evaluations are complete; in fact, many applicants believe that initial evaluation results should be released as they become available.

That view is not universally supported. Brand-centric consultancy Fairwinds and a couple of its clients submitted comments expressing support for the publication of all Initial Evaluation results at once.
January 2013 is an extremely aggressive deadline.
Under the batching-based schedule laid out in the Applicant Guidebook, 1,924 applications would take more like 20 months, not seven, to pass through Initial Evaluation.
NTAG could not find consensus on methods for sequencing applications among its members. Separate submissions from big portfolio applicants including Donuts, Uniregistry, TLDH and Google and smaller, single-bid applicants gave some ideas, however.
Donuts, for example, hasn’t given up on a game-based solution to the sequencing problem – including, really, Rock Paper Scissors – though it seems to favor a system based on timestamping.
The company is among a few to suggest that applications could be prioritized using the least-significant digits of the timestamp they received when they were submitted to ICANN.
An application filed at 15:01:01 would therefore beat an application submitted at 14:02:02, for example.
This idea has been out there for a while, though little discussed. I have to wonder if any applicants timed their submissions accordingly, just in case.
Comments submitted by TLDH, Google and others offer a selection of methods for sequencing bids which includes timestamping as well alphabetical sorting based on the hash value of the applications.
This proposal also supports a “bucketing” approach that would give more or less equal weight to five different types of application – brand, geographic, portfolio, etc.
Uniregistry, uniquely I think, reckons it’s time to get back to random selection, which ICANN abandoned due to California lottery laws. The company said in its comments:

Random selection of applications for review should not present legal issues now, after the application window has closed. While the window was still open, random selection for batches would have given applicants an incentive to file multiple redundant applications, withdrawing all but the application that placed earliest in the random queue and creating a kind of lottery for early slots. Now that no one can file an additional application, that lottery problem is gone.

Given that the comment was drafted by a California lawyer, I can’t help but wonder whether Uniregistry might be onto something.
Many applicants are also asking the GAC to pull its socks up and work on its objections faster.
The GAC currently thinks it can file its official GAC Advice on New gTLDs in about April next year, which doesn’t fit nicely with the January 2013 evaluation deadline some are now demanding.
ICANN should urge the GAC to hold a special inter-sessional meeting to square away its objections some time between Toronto in October and Beijing in April, some commenters say.
ICANN received dozens of responses to its call for comments, and this post only touches on a few themes. A more comprehensive review will be posted on DI PRO tomorrow.

Is .city confusingly similar to .citi? UDRP says yes

Kevin Murphy, August 14, 2012, Domain Registries

In one of the more surprising twists to hit the new gTLD program, Citigroup has claimed that its proposed dot-brand gTLD, .citi, is not “confusingly similar” to the proposed generic gTLD .city.
The company appears to be trying to avoid getting into a contention set with the three commercial applicants for .city, which would likely put it into an expensive four-way auction.
It’s a surprising move because you’d expect a financial services company to want to at least try to mitigate the risk of future .city/.citi typo-based phishing attacks as much as possible.
Indeed, its .citi application states that the mission of the gTLD “is to further assist Applicant in accomplishing its mission of providing secure online banking and financial services”.
Nevertheless, the company is now arguing, in a few comments filed with ICANN today, this:

CITI and CITY are not so similar in an Internet context as to create a probability of user confusion if they are both delegated into the root zone. Thus, the .CITI application should not be placed into a contention set with the .CITY application.

The new Citigroup position is especially bewildering given that it has argued the exact opposite — and won — in at least two UDRP cases.
In the 2009 UDRP decision Citigroup Inc. v. Domain Deluxe c/o Domain Administrator, Citigroup contended that:

Respondent’s citywarrants.com domain name is confusingly similar to Complainant’s CITIWARRANTS mark.

The panelist in the case concluded that the Y variant of the name was merely a “mistyped variation” of and “substantively identical” to the Citigroup trademark.
A similar finding appears to have been handed down in Citigroup v Yongki, over the arguably generic citycard.com, but the decision is written in Korean so I can’t be certain.
The company’s current view, which I’m going to go out on a limb on and characterize as expedient, is that ICANN has delegated multiple ccTLDs that have only one character of variation in the past (it hasn’t — the ccTLDs it cites all pre-date ICANN) without causing confusion.
It also states in its comments that the meaning and proposed usage of the two strings is “very different” (which one commenter has already suggested is historically dubious).
So what’s going on here?
Is Citigroup really willing to risk potential phishing problems down the line to save a few measly bucks today? On the face of it, it looks that way.
If it is put in a contention set with the three .city applicants, it could wind up at auction against Donuts ($100m funding), TLD Registry Ltd (apparently backed by the Vision+ fund) and Directi.
Will Citigroup’s gambit pay off?
That’s down to a) the String Similarity Panel and b) whether any of the .city applicants tries to force the company into the contention set via a String Confusion Objection, which seems unlikely.

More than half of new gTLD apps have comments

Kevin Murphy, August 14, 2012, Domain Registries

Over half of ICANN’s 1,930 new generic top-level domain applications have received comments, two days after the original deadline for having them considered expired.
There are 6,176 comments right now, according to the ICANN web site, and the DI PRO database tells me that they’ve been filed against 1,043 distinct applications covering 649 unique strings.
It looks like .sex is in the lead, with 275 comments — I’m guessing all negative — followed by its ICM Registry stablemates .porn (245) and .adult (254), due to the Morality in Media campaign.
The controversial dot-brand bid for .patagonia, which matches a region of Latin America, has been objected to 205 times.
Some that you might expect to have created more controversy — such as .gay (86) and .islam (21) — are so far not generating as many comments as you might expect.
Donuts has received the most comments out of the portfolio applicants, as you might expect with its 307 applications, with 685 to date.
Famous Four Media’s applications have attracted 416 and Top Level Domain Holdings 399.
Despite applying for .sexy, Uniregistry has a relatively modest 64 comments. That’s largely due to it managing to avoid being whacked by as many duplicate trademark-related comments as its rivals.
There have been 1,385 unique commenters (trusting everybody is being forthright about their identity) with as many as 486 affiliations (including “self” and variants thereof).

Big hotel chains pick a side in .hotel gTLD fight

Kevin Murphy, August 11, 2012, Domain Registries

Many of the world’s major hotel chains say they plan to object to every .hotel new gTLD application but one.
A coalition of many recognizable hotel brands, led by InterContinental, has filed comments against six of the seven .hotel applications, as well as the applications for .hotels, .hoteis and .hoteles.
They say they want the Independent Objector to object to these applications on community grounds. Failing that, they’ll file their own official Community Objections.
The comments (PRO) were filed by the Hotel Consumer Protection Coalition, which appears to be one of those ad hoc organizations that exists purely to send letters to ICANN.

HCPC encourages the Independent Evaluator to submit a formal Community Objection if necessary. (Guidebook, Sec. 3.2.5.) Failing either of these occurrences, HCPC will seriously consider filing a Community Objection of its own – unless, of course, Applicant voluntarily withdraws its application.

The coalition’s members include the Choice Hotels, InterContinental, Hilton, Hyatt, Marriott, Starwood and Wyndham hotel chains. Together, they say they have over 25,000 hotels in over 100 countries.
The lucky recipient of the coalition’s tacit support is HOTEL Top-Level-Domain, the Luxembourg-based applicant managed by Johannes Lenz-Hawliczek and Katrin Ohlmer, which is using Afilias as its back-end.
It’s one of only two .hotel applicants flagged in the DI PRO database as planning to use a “restricted” business model. Only hotels, hotel chains and hotel associations will be able to register.
The other applicant with planned restrictions is a subsidiary of Directi, though its application suggests that any eligibility requirements would only be enforced post-registration.
HOTEL Top-Level Domain is also the only applicant that appears to be pursuing a single gTLD. All but one of the others are portfolio applicants of various ambitions.
Top Level Domain Holdings, Donuts, Famous Four Media and Fegistry all plan “open” business models for .hotel, while Despegar Online is planning a single-registrant space.
The Hotel Consumer Protection Coalition’s support for HOTEL Top-Level Domain is conditional, however. The company has apparently had to agree to explicitly exclude:

“any entity other than a hotel, hotel chain, or organization or association that is not formed or controlled by individual hotels or hotel chains”

It’s also agreed to “immediately suspend” any “clear violations”, such as cases of cybersquatting, when notified by coalition members, and to include its members’ brands on a Globally Protected Hotel Marks List.
The support has apparently been granted extremely reluctantly. InterContinental explicitly does not support the new gTLD program, and Marriott has previously said it thinks .hotel is pointless.
I can’t imagine a .hotel supported by companies that have no plans to use it being particularly successful.

Did Google withdraw three new gTLD applications?

Kevin Murphy, August 10, 2012, Domain Registries

Is Google behind the three new gTLD applications that have already been withdrawn?
ICANN senior veep Kurt Pritz revealed yesterday that three applications were already on the scrap heap, long before they’ve been evaluated, but he didn’t say which ones.
After a helpful nudge from a DI commenter, my best guess now is that they’re Google’s applications for .and, .are and .est.
As I blogged here and reported here over a month ago, these three strings are all protected geographic names, under ICANN’s rules.
They’re the ISO 3166-1 alpha-3 codes for the United Arab Emirates, Estonia and Andorra, which would be classified as country names and therefore banned by the Applicant Guidebook.
Many thanks to Silvia for the reminder.

Tonight a new gTLD went live

Kevin Murphy, August 7, 2012, Domain Registries

Just as people are starting to get seriously stressed about the imminent introduction of new gTLDs, a timely reminder that this is actually the third time ICANN has run a new gTLD program.
.post has just gone live.
The gTLD, which was applied for by the Universal Postal Union as part of the 2003/2004 round, has been in limbo since it was approved in December 2009, while the UPU figured out what to do with it.
It’s going to be tightly restricted to members of the international postal community, so it doesn’t carry any of the baggage of the last new gTLD launch, .xxx.
The registry has switched back-end providers since it first applied. It had planned to go with CORE, but following a competitive bidding process last year it’s moved to Afilias instead.
I’m not currently aware of any live second-level domains; tests on www.post and nic.post and a few other usual suspects are treated by my browsers as search queries.
The news of .post’s addition to the DNS root was tweeted by ICANN chief security officer Jeff Moss this evening.

DotGreen lobbies the GAC for support in .green fight

Kevin Murphy, August 3, 2012, Domain Registries

The DotGreen Community has asked ICANN’s Governmental Advisory Committee for backing in the four-way fight for the .green generic top-level domain.
In a letter to the GAC, copied to ICANN’s board and published today, DotGreen does everything but ask outright for the GAC to object to its three competitors’ .green applications.
In it, Annalisa Roger, CEO of the not-for-profit company, makes a passionate case that .green should be operated by a company that has a genuine connection to and affinity with the environmental movement.
She heavily implies that the GAC should object to the other applicants.

Without deliberate decision or intervention, the .green TLD may be won at ICANN Auction to join enmass with a slew of portfolio TLDs, blending into one of the many industry portfolios, a common business model ICANN’s new gTLD program has spawned.

Those like you who are in a position to object, evaluate, or delegate should consider the obvious relationship of .GREEN with the Green Community, and the global Green Movement which represents net social benefits to include all people, their natural and synthetic environments, the economic systems they construct (such as Green Business Models), and conditions for future generations of life who stand to be affected by the choices we make, the policies we implement, and the projects we fund and allow to be born today.

The other .green applicants are Top Level Domain Holdings, Afilias, and a Demand Media subsidiary. Unlike DotGreen, they’re all portfolio gTLD applicants.
Roger says these companies are basically out to sell as many domains as possible and don’t have the same commitment to the environmental movement as DotGreen.
Despite the name and a great deal of support from green organizations, DotGreen did not file a “community” application, so the only way it can avoid auction is by persuading the other applicants to drop their bids, or by having them all eliminated by objections.
Asking the GAC to object is probably the cheapest way to do this.
While the GAC has made its interest in gTLDs with obvious regulatory implications — such as .bank — abundantly clear, I understand conversations have also started about strings with more tangential relationships to public policy, such as .food.
It’s not inconceivable that .green could fall into that category, though I don’t think it’s an easy sell.

Who’s objecting to .sport, .health, .kids and more

Kevin Murphy, August 2, 2012, Domain Registries

Today, the number of comments filed with ICANN on new gTLD applications surpassed the number of applications themselves, and we’re now starting to see more significant objections.
At the time of writing, 1,939 comments have been filed on 584 applications by 834 unique individuals and organizations.
Here are some recent comments from notable organizations.
Save the Children
The international charitable non-governmental organization Save the Children has expressed concerns about all four .health applications.
Here’s a snippet:

The health Internet is a vital means of health information access worldwide. Thus, “.health” and health related top level domains should be trusted and reliable resources which take the public interest into account and are based on broad-based, multi-stakeholder consensus. In this regard, it is particularly worrying that the current applicants intend to sell the “.health” gTLD on a ‘first-come, first-served’, wholesale and auction basis, placing private interests ahead of the public interest.
We urge ICANN to postpone the assignment of “.health” until such time as following broad-based consultation of the health community, including the public and private sectors, adequate baseline conditions for their operation are elaborated and their implementation and observance is ensured.

The same comment was filed by International Medical Informatics Association, indicating an orchestrated campaign is underway.
All were filed as Community Objection Grounds, suggesting that .health could run into objection delays down the road.
But Save the Children, which has better things to do with its money, may not necessarily object itself. I’d say .health is a prime candidate for a community-based intervention by the Independent Objector.
I’m also expecting the Governmental Advisory Committee to take a healthy interest in these applications.
International Olympic Committee
The International Olympic Committee has, as expected, thrown its support behind the .sport application filed by SportAccord, which already has strong ties with the Olympic movement.
There are only two applications for .sport (though Donuts is going for .sports) and while SportAccord’s is a community-based bid, a successful Community Priority Evaluation is by no means assured.
However, if the IOC is half as belligerent about .sport as it has been about the new gTLD program in general then I expect Famous Four Media, the other .sport applicant, has a fight on its hands.
Notably, the IOC invokes ICANN’s new IANA contract to back up its claim that SportAccord should be the rightful owner of .sport:

new IANA contractual requirements require ICANN in connection with new gTLDs to document “how the process provided the opportunity for input from relevant stakeholders and was supportive of the global public interest. “ Therefore, SportAccord is the only applicant for the .SPORT gTLD which can serve the global public interest in connection with the operation of the gTLD on behalf of the global sports community.

Lego Juris
Lego Juris, the extremely brand-conscious producer of overpriced kids’ building blocks, has filed complaints about 80 applications, all of which appear to be the same form letter.
As you might imagine from the most prolific filer of UDRP complaints in history, Lego’s primary concern is cybersquatting and preventing the need for defensive registrations.
Here’s Lego’s comment:

While we of course support enhanced fair competition, we call on the evaluators to ensure the maintenance of a clean Internet space by impressing on the new registries the importance of not accepting second level names within their gTLDs that may be confusingly similar to our trade marks, especially from applicants believed to be registering in bad faith.
To avoid consumer confusion and the wasted resources of needless dispute resolution procedures, legal actions and defensive registrations (none of which benefit consumers), as well as proving to the entire community that the registries do wish to act in good faith in a clean space, we request that new registries develop “blocked” lists of brand names that should not be registered absent evidence of good faith. Such lists could take the form of “white lists” at the second level that could only be lifted if requested by and for the brand owner.

This comment was filed against .kids, .group, .inc, .gmbh, .discount, .deals, .direct and many, many more.
All of these comments, incidentally, are logged in the DI PRO new gTLD application database.

Donuts dismisses “meritless” cybersquatting claims

Kevin Murphy, August 1, 2012, Domain Registries

Donuts, the company applying to ICANN for more new gTLDs than any other, has responded to claims that it should be banned from the new gTLD program on cybersquatting grounds.
As reported earlier today, a mysterious demand has emerged for Donuts and its registry back-end, Demand Media, to be banned from running new gTLDs due to Demand’s history of losing cybersquatting cases.
A letter sent to ICANN’s top brass by a Boston law firm claims that Donuts is little more than a front organization for Demand, and should fail ICANN’s background checks accordingly.
But in a statement provided to DI this evening, Donuts said:

The letter — generated by a law firm representing an anonymous client — is rife with factual inaccuracies and meritless allegations. Demand Media is a commercial partner and is neither an investor in nor part of a joint venture with Donuts. We look forward to engaging in the ICANN review process and its thorough background checks, and are confident that we meet all requirements to operate a Top Level Domain registry.

We’re yet to hear from Demand or to receive clarification from McCarter & English, the law firm responsible for the original letter.