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Lego launches attack on new TLDs

Could little yellow plastic men be the death of the new top-level domain process?

Toymaker Lego has filed a scathing criticism of ICANN’s latest Draft Applicant Guidebook for prospective new TLD registries, saying it ignores trademark holders.

Lego, one of the most prolific enforcers of trademarks via the UDRP, said that the latest DAG “has not yet resolved the overarching trademark issue”.

DAG v4 contains new protections designed to make it easier for trademark holders to defend their rights in new TLD namespaces. But Lego reckons these protections are useless.

The Trademark Clearinghouse is NOT a rights protection mechanism but just a database. Such a database does not solve the overarching trademark issues that were intended to be addressed.

Lego also says that the Uniform Rapid Suspension service outlined in DAG v4 is much weaker than it wanted.

“It doesn’t seem to be more rapid or cheaper than the ordinary UDRP,” Lego’s deputy general counsel Peter Kjaer wrote.

Lego thinks that a Globally Protected Marks List, which was at one time under consideration for inclusion in the DAG, would be the best mechanism to protect trademarks.

ICANN still seems to ignore that cybersquatting and all kinds of fraud on the internet is increasing in number and DAG 4 contains nothing that shows trademark owners that ICANN has taken our concerns seriously.

The comment, which is repeated verbatim in a letter from Arla Foods also filed today, is the strongest language yet from the IP lobby in the DAG v4 comment period.

Rumblings at the ICANN meeting Brussels two weeks ago, and earlier, suggest that some companies may consider filing lawsuits to delay the new TLD process, if they don’t get what they want in the final Applicant Guidebook.

ICANN’s top brass, meanwhile, are hopeful of resolving the trademark issues soon, and getting the guidebook close to completion, if not complete, by the Cartagena meeting in December.

Tuvalu not happy with VeriSign deal

The government of the Pacific island nation of Tuvalu feels it’s getting a raw deal under its current contract with .tv registry manager VeriSign.

According to Radio New Zealand International, Tuvalu finance minister Lotoala Metia said VeriSign pays “peanuts” for the right to run the .tv namespace:

We are negotiating but we are tied because of the agreement that was signed before us. We cannot negotiate for an increase until 2016. Counter offers have been made but they are not acceptable to the government of the day. So we have to stick to our guns now. They’re giving us peanuts.

VeriSign, and its predecessor registry, run .tv under lease as a generic TLD. It is of course Tuvalu’s country-code. By GDP, Tuvalu is one of the poorest nations in the world.

The RNZI article reports that Tuvalu receives $2 million per year from VeriSign. That’s possibly sourced from the CIA World Factbook, which estimated that amount for 2006.

Yet the CIA also says that Tuvalu receives $1 million per quarter, based on a 12-year, $50 million deal that started in 2000.

For all these facts to be true, the deal must have been renegotiated at some point since it was originally signed.

.CO landrushers will be able to apply for trademark rejects

The landrush for .co domains will be extended by three days, to give people a chance to apply for strings that were rejected during the sunrise period, according to a registrar.

Key-Systems posted the news to its Facebook page earlier, but the .CO web site has yet to be updated with the same info.

The registrar said that the landrush, in which registrants apply for premium, non-trademarked strings, will now end on Friday, July 16 at 1600 UTC.

It also raised the prospect of a mini-spike in landrush applications in the last few days of the period.

Key-Systems said that domains covered by invalid sunrise applications – claimed trademarks which were rejected for one reason or another – will come up for grabs on July 12.

The list of such names, which could disclose the kind of bogus trademark claims made by those trying to game the system, will make very interesting reading. It’s due to be published July 10.

Bulgaria to file ICANN reconsideration appeal over rejected IDN ccTLD

Bulgaria is to appeal ICANN’s rejection of .бг, the Cyrillic version of its existing country code top-level domain, .bg.

Technology minister Alexander Tsvetkov said that the Bulgarian government will file a reconsideration request with ICANN, according to a DarikNews.bg interview.

The requested IDN ccTLD .бг was rejected because it looks quite a bit like Brazil’s existing ASCII ccTLD, .br, which could create confusion for Brazilians.

ICANN/IANA does not talk openly about ccTLD delegation issues. As far as I know, .бг is the only IDN ccTLD on the current fast-track program to be rejected on string-similarity grounds.

The Darik News interview, via Google Translate, reports Tsvetkov saying he “believes that this domain is the best way for Bulgaria” and that the government “will ask for reconsideration”.

Asked about the clash with Brazil, he said Bulgaria “will not quit” in its pursuit of its first-choice ccTLD.

Brazil has not been silent on the issue.

During the meeting on Tuesday between the ICANN board and its Governmental Advisory Committee, Brazil’s representative praised ICANN for rejecting .бг:

Brazil would like to express its support to the recent board’s decision about avoiding graphic similitude between new country codes and current country codes in Latin. This is particularly important inasmuch as any graphic confusion might facilitate phishing practices and all the problems related to it.

Many thanks to the Bulgarian reader who referred me to this Darik News interview.

For any other Bulgarians reading this, the interview also appears to contain lots of other really juicy information not related to domain names. Check it out.

ICANN Brussels – .xxx approved but not approved

The controversy over the .xxx top-level domain has for the last few years, at least from one point of view, centered on opposing views of whether it was already “approved”.

ICM Registry has long claimed that ICANN “approved” it in 2005, and believes the Independent Review Panel agreed with that position. ICANN said the opposite.

Regardless of what happened in Brussels yesterday, when the board grudgingly voted to reopen talks on .xxx (to a surprisingly muted audience response), the question of whether .xxx is “approved” is definitely not over yet.

ICM tweeted shortly after the ICANN’s board’s decision:

@ICMRegistry: We are delighted to announce that the #ICANN Board has approved the .xxx top-level domain.

But a couple of hours later, ICANN chair Peter Dengate Thrush told us at a press conference that it categorically was not “approved”.

In terms of getting its point across to the media, ICM’s message trumped ICANN’s, judging by the headlines currently scrolling past me on Google News.

I guess this boils down to a question of definitions.

From the ICANN perspective, a TLD is presumably not “approved” until a contract has been signed and the board has resolved to add it to the root.

The board’s decision yesterday merely sets out the track towards that eventuality, with a few hurdles scattered along the way. In conversation with ICM people, I get the impression they believe the hurdles are low and easily surmountable.

Crucially for ICM, the issue of community support, the stick with which ICANN nearly killed .xxx back in 2007, is now off the table. There will be a quick review of ICM’s books and technical capabilities, but the views of the porn industry now seem pretty much irrelevant.

The only real way I can see .xxx being derailed again now is if the Governmental Advisory Committee issues future advice that unequivocally opposes the TLD.

As Kieren McCarthy noted in some detail over on CircleID, the GAC has never had a hell of a lot of substantial advice to impart about .xxx in its official communiques, so it’s difficult to see where a clash could arise based on its previous missives.

But with the GAC currently using bogus “morality and public order” arguments to jerk everybody around with regards the next new TLD round, it’s not entirely impossible that it could lob one final grenade in ICM’s direction.

This story ain’t over yet.