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Looking for a better new gTLD search engine?

Kevin Murphy, April 26, 2013, Domain Services

I’ve heard a few people complain this week about ICANN’s revamped new gTLD application page, so I thought it would be an ideal time to shamelessly plug DI’s New gTLD Application Tracker.

The Application Tracker has been significantly improved since it was first released last year, and now supports no less than 19 advanced search criteria, enabling users to construct extremely granular searches.

DI PRO Application Tracker

Want to search for only geographical, community or IDN gTLDs, or vice versa? You can do that.

Want to search for only gTLDs with GAC Advice or GAC Early Warnings? You can do that.

Want to see all the bids that failed Initial Evaluation? You can do that.

Want to search for all the contention sets where Uniregistry is competing with Amazon? You can do that.

Want to search for all the applications in contention sets with Google that have been withdrawn? You can do that.

Want to search for all the non-IDN bids filed by TLDH that have passed IE but are in contention and have GAC Advice but didn’t get an Early Warning? You can do that.

Want to search for “closed generic” strings containing the letter C applied for by Google that have GAC Advice and Objections and are in contention with Donuts? You can do that too.

DI PRO Application Tracker

Each application also has its own page containing key portions of the application as well as listing public comments, competing bids, objections, GAC Advice and Early Warnings in a simple one-page view.

In short, the Application Tracker is an extremely flexible research tool for people closely following the new gTLD program.

We’re always receptive to additional feature suggestions.

The Application Tracker is currently available as one of the services provided to annual or monthly DI PRO subscribers.

Pritz resurfaces with consulting gigs for Donuts and Architelos

Kevin Murphy, April 6, 2013, Domain Services

Former ICANN chief strategy officer and new gTLDs head honcho Kurt Pritz is doing a spot of industry work, following the expiration of his post-resignation consulting gig with ICANN.

Pritz, we understand, has developed consulting relationships with new gTLD portfolio applicant Donuts and consulting firm Architelos while he looks for a more permanent position.

As you may recall, he quit ICANN last November after disclosing a personal conflict of interest.

While there are no rules preventing ICANN staff going into the domain industry, Pritz’s is prohibited from sharing confidential information he learned while at ICANN, we’re told.

Given his background, we understand he’ll be focusing mainly on policy-related work at both companies.

Trademark Clearinghouse to get tested out on three existing TLDs

Kevin Murphy, April 6, 2013, Domain Services

Three already-live TLDs are going to use the Trademark Clearinghouse to handle sunrise periods, possibly before the first new gTLDs launch.

BRS Media is set to use the TMCH, albeit indirectly, in its launch of third-level domains under .radio.am and .radio.fm, which it plans to launch soon as a budget alternative to .am and .fm.

The company has hired TM.Biz, the trademark validation firm affiliated with EnCirca, to handle its sunrise, and TM.biz says it will allow brand owners to leverage Clearinghouse records.

Trademark owners will be able to submit raw trademarks for validation as in previous sunrises, but TM.Biz will also allow them to submit Signed Mark Data (SMD) files, if they have them, instead.

Encrypted SMD files are created by the TMCH after validation, so the trademarks and the strings they represent are pre-validated.

There’ll presumably be some cost benefit of using SMD files, but pricing has not yet been disclosed.

Separately, Employ Media said today that it’s getting ready to enter the final stage of its .jobs liberalization, opening up the gTLD to essentially any string and essentially any registrant.

The company will also use the TMCH for its sunrise period, according to an ICANN press release, though the full details and timing have not yet been announced.

Unusually, .jobs is a gTLD that hasn’t already had a sunrise — its original business model only allowed vetted company-name registrations.

The TMCH is already accepting submissions from trademark owners, but it’s not yet integrated with registries and registrars.

Right Of The Dot gets legal opinion: new gTLD auctions not illegal

Kevin Murphy, April 4, 2013, Domain Services

Right Of The Dot, one of the companies hoping to offer contention set resolution services to new gTLD applicants, has published a legal opinion arguing that auctions are not inherently illegal.

The document was issued in response to Uniregistry’s claim that the US Department of Justice has refused to give auctions a green light under antitrust law.

ROTD hired the law firm Lewis Brisbois Bisgaard & Smith, including a partner with DoJ experience, to draft the statement.

It’s aimed at lawyers, primarily, but the gist of it is that simply participating in an auction is not illegal in and of itself — participants would have to collude in some other way too.

It states:

The finding of an antitrust violation necessarily would depend on a showing that the private auction unreasonably restrained interstate trade or commerce.

The question comes down to the conduct of the parties to an auction, be it a private auction or an ICANN Last Resort Auction.

If the parties to an auction, engage in collusion such as price fixing and/or bid rigging, it constitute per se violations of Section 1 of the Sherman Act.

It’s not the auction provider that creates a violation it’s the action of the parties to an auction and those actions can take place in an ICANN Last Resort auction.

In other words, there’s no difference between an ICANN-run auction, in which ICANN gets paid, and a private auction in which the participants and the auctioneer get paid, according to these lawyers.

Uniregistry’s argument as I understand it, on the other hand, is that simply participating in an action that could constitute illegal collusion, because ICANN ends up out of pocket.

Who’s right? Who’s wrong?

I think the only person who could answer that, in light of the DoJ’s refusal to intervene, would be a judge. We’re unlikely to get an answer unless somebody sues somebody.

NameJet and Afternic sign another gTLD launch

Kevin Murphy, April 3, 2013, Domain Services

NameJet and Afternic will provide launch auctions and premium name distribution for the .build gTLD, should it be approved, the two companies have announced.

The deal was inked with applicant Plan Bee LLC, which is affiliated with Minardos Group, a construction company.

The two companies will handle auctions under the sunrise and landrush phases, according to a press release.

It’s the second such deal to be announced by the Afternic/Namejet partnership to date, after WhatBox’s .menu. The companies are also working with Directi’s .pw registry.

Plan Bee has also applied for .expert and .construction, but these are both contested so there’s less certainty that they’ll end up approved.

The applicant reckons it will be able to bring .build to market in the fourth quarter of this year.

With a prioritization number of 1,049 in ICANN’s queue, this may prove optimistic, depending on how the remaining portions of the program — such as predelegation testing and contracting — pan out.