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EURid inks trademark protection deal for non-trademark owners

.eu registry EURid is partnering on an alerts service for would-be trademark owners.

The company this week announced a deal with the EU Intellectual Property Office that will see applicants for European trademarks being able to receive alerts if and when somebody else registers the .eu domain matching their desired mark.

EURid said in a statement:

Some people have taken advantage of early publication of EUTM applications and registered the EUTM as a .eu domain name in bad faith. Effectively reducing the risk of such cyber-squatting infringements requires adopting preventive actions such as raising awareness and pro-actively informing the EUTM holders.

As of 18 May, holders and applicants of a EUTM can opt-in to receive alerts as soon as a .eu domain name is registered that is identical to their EUTM (application). By receiving such alert, EUTM holders are informed much faster and may take appropriate action much sooner.

It sounds a little like the Trademark Claims service new gTLD registries are obliged to offer during their launch, but for companies that not not yet actually own the trademarks concerned.

Offered by EUIPO itself, the service is also available to holders of EU trademarks.

CENTR: domain growth now slowest EVER

The number of registered domain names in the world is growing at its slowest rate ever, according to CENTR.

Its latest CENTRstats Global TLD Report, covering the first quarter of 2019, shows median domain growth of 3.4% year-over-year, a “record low”.

That stat peaked at 29.8% in the third quarter of 2015, according to the report. That was when the first significant wave of new gTLDs were hitting the market.

The 3.4% figure is the median growth rate across the top 500 TLDs CENTR tracks.

The group tracks 1,486 TLDs in total, a little under the 1,531 currently in the root, ignoring TLDs that are too small or have unreliable data.

The report says that growth rates are similar across ccTLDs and gTLDs, though gTLDs seem to be faring slightly better.

The median growth rate of the top 300 gTLDs was 4.1%.

For ccTLDs, the percentage growth varied between regions, from 1.4% in the Americas to 6.3% in the still much smaller African markets.

CENTR estimates that there were 351 million registered domains at the end of the quarter.

Court rules domain name list should stay secret

Publishing a list of every domain name in their zone is something that most TLD registries do automatically on a daily basis, but a court in Chile has ruled that doing so is a cybersecurity risk.

NIC Chile, which runs .cl, said last week that it has won an appeal against a Transparency Council ruling that would have forced it to publish a list of the domains it manages.

The Court of Appeals ruled that the registry was within its rights to refuse to hand over an Excel spreadsheet listing the 575,430 domains in .cl to the person who requested it.

The request was just for the list of domains, with none of the other data you’d find in a zone file and no Whois information about the registrants.

Nevertheless, the court unanimously ruled that to hand over the list would present “cybersecurity risks”, according to NIC Chile attorney Margarita Valdés Cortés.

NIC Chile said in a statement:

In this particular case, it was considered that the bulk delivery of domain names to a private individual could generate risks of cybersecurity of various kinds, both in access to information as a result of those domain names as well as the possibility that, by having such a list, attacks on servers, phishing, spam or others could be made easier. Similarly, the ruling of the Court of Appeals understood that the delivery of the data affects commercial and economic rights of the holders of these .CL domains, and considered that there is a legal cause that justifies NIC Chile´s refusal to turn over the list of all registered names.

Cortés said that the case will now go to the nation’s Supreme Court for a final decision, after the Transparency Council appealed.

Access to zone files is considered by many security researchers to be an invaluable tool in the fight against cybercrime.

NIC Chile has published the ruling, in Spanish, here (pdf).

ICANN redacts the secrets of Verisign’s .web deal

Afilias thinks it has found the smoking gun in its fight to wrestle .web out of the hands of rival Verisign, but for now the details are still a closely guarded secret.

The company recently filed an amended complaint in its Independent Review Process case against ICANN, after it managed to get a hold of the deal that Verisign struck with Nu Dot Co, the company that spent $135 million of Verisign’s money to win .web at auction in 2016.

The Domain Acquisition Agreement, which apparently set out the terms under which NDC would bid for .web on Verisign’s behalf, was revealed during disclosure in December.

But in publishing the amended complaint (pdf) (which seems to have happened in the last week or two), ICANN has whited out all references to the contents of this document.

Afilias claims that the DAA proves that NDC broke the rules of the new gTLD program by refusing to disclose to ICANN that it had essentially become a Verisign proxy:

It claims that ICANN should therefore have disqualified NDC from the .web auction.

Based on the terms of the DAA, it is evident that NDC violated the New gTLD Program Rules. ICANN, however, has refused to disqualify NDC from the .WEB contention set, or to disqualify NDC’s bids in the .WEB Auction.

Afilias came second in the 2016 auction, bidding $135 million. NDC/Verisign won with a $142 million bid, committing it to pay the amount Afilias was willing to pay.

While Verisign has said that it plans to market .web, Afilias believes that Verisign’s primary motivation at the auction was to essentially kill off what could have been .com’s biggest competitor. It says in its amended complaint:

ICANN has eviscerated one of the central pillars of the New gTLD Program and one of ICANN’s founding principles: to introduce and promote competition in the Internet namespace in order to break VeriSign’s monopoly

Whether the DAA reveals anything we do not already know is an open question, but Afilias reckons ICANN’s prior failure to disclose its contents represents a failure of its commitment to transparency.

Reading between the lines, it seems Afilias is claiming that ICANN got hold of the DAA some time before it was given to Afilias in discovery last December, but that ICANN “had refused to provide the DAA (or even confirm its existence)”.

By redacting its contents now, ICANN is helplessly playing into the narrative that it’s trying to cover something up.

But ICANN is probably not to blame for the redactions. It was ICANN holding the axe, yes, but it was Verisign that demanded the cuts.

ICANN said in its basis for redactions document (pdf) that it “has an affirmative obligation to redact the information designated as confidential by the third party(ies) unless and until said third party authorizes the public disclosure of such information.”

Afilias has also managed to put George Sadowsky, who for the best part of the last decade until his October departure was one of ICANN’s most independent-minded directors, on the payroll.

In his testimony (pdf), he apparently reveals some details of the ICANN boards private discussions about the .web case.

Guess what? That’s all redacted too, unilaterally this time, by ICANN.

Got a spare three grand? For a limited period, you can buy a .th domain name

The Thailand ccTLD registry’s unusual, and unusually expensive, approach to selling second-level domains has seen .th open up for another limited-period application window.

Until June 30, anyone can pay THNIC Foundation a THB 10,000 ($313) fee to “apply for” a 2LD.

Each application will be manually reviewed, and successful registrants will be notified July 8.

But be warned: the fee for the first year and subsequent annual renewals is an eye-watering THB 100,000 ($3,130).

Trademark owners and owners of matching .co.th domains will get priority in the event of clashes with regular would-be registrants.

THNIC has been using this strange approach to second-level domain allocation — which looks more like a series of sunrise periods that never culminate in general availability — in sporadic, brief rounds for the last five years.

Most ccTLD registries with a legacy three-level structure — such as .uk, .jp and .nz — have opted to instead make 2LDs available in much the same way as 3LDs.