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ICANN trademark tech summit confirmed for Brussels in just two weeks

Kevin Murphy, August 8, 2012, Domain Tech

ICANN has confirmed that it will hold a technical summit to discuss the forthcoming Trademark Clearinghouse in Brussels less than two weeks from now.

The two-day meeting will be held at the offices of Deloitte, which along with IBM has been contracted as the TMCH provider, from August 20 to 21.

As you might expect by now from the new gTLD program, the summit’s organization wasn’t particularly timely or well-communicated, leaving parts of the community fuming.

The meeting was demanded by registries and registrars at the Prague meeting in June — they want a chance for their technical guys to get into the nitty-gritty of the TMCH implmentation.

But confirmation that it’s actually going ahead only arrived in the last couple of days, leaving companies in the US and Asia-Pacific regions facing steep last-minute air fares or the less-ideal option of remote participation at ungodly hours.

I get the impression that the TMCH providers, which have been less than communicative with the registrars and registries they will soon be servicing, might be as much to blame as ICANN this time.

The TMCH is a repository for trademark data that new gTLD registries will be obliged to use in their sunrise and immediate post-launch periods.

While the policy argument has ostensibly been settled, many technical details that still need to be ironed out could have huge implications.

For example, if the registration process flow requires live queries to the TMCH, downtime could be devastating for registries if, as is expected, several gTLDs wind up launching simultaneously.

And if the TMCH protocols prove to be too complex and costly for registrars to implement, many may not bother, potentially leading to a bunch of damp squib gTLD launches.

So it’s important stuff. DI may even be in attendance, hotel prices and/or Belgian vagrancy laws permitting.

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Tiny Russian registrar gets canned

Kevin Murphy, August 8, 2012, Domain Registrars

ICANN is to terminate a Russian registrar’s accreditation.

Name For Name Inc, which was given a breach notice last month, is being shut down for basically failing to act as a registrar.

Verisign had already cut off its .com/.net registrar contract and the company was not managing names, providing Whois, or doing any of the other things registrars are supposed to.

Under normal circumstances, a termination sees a mass transfer of all the domains under management to a nominated registrar, but in Name For Name’s case I can’t see that happening.

The company only had five gTLD domain names under management, according to the latest count.

Its accreditation will be terminated September 6.

ICANN also this week issued a breach notice to Visesh Infotecnics (Signdomains.com), apparently as the result of a badly handled domain name hijacking.

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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.

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(Former) Donuts director hit with cybersquatting claim over Disney and Olympic domains

Kevin Murphy, August 7, 2012, Domain Policy

Donuts, the massive new gTLD applicant, has been hit by another set of cybersquatting claims, this time aimed at one of the company’s original directors.

Graham Stirling, who is listed as a Donuts Inc director in the company’s only Securities and Exchange Commission filing, seems to own several domain names containing Disney and Olympics trademarks.

(UPDATE: Donuts has confirmed that Stirling is no longer with the company, and hasn’t been since November 2011. Read the company’s full statement at the bottom of this post.)

The information emerged in a comment filed with ICANN on several Donuts applications by somebody called James Oliver Warner.

These are some of the domains Gibraltar-based Stirling allegedly owns:

2016juegosolimpicos.com
2016olimpicos.com
2020juegosolimpicos.com
2020olimpicos.com
2024olimpicos.com
andaluciadisney.com
costadelsoldisney.com
disneyandalucia.com
disneylandmalaga.com
disneymalaga.com
disneyworldmalaga.com
juegosolimpicos2008.com
juegosolimpicos2016.com
juegosolimpicos2020.com
juegosolimpicos2024.com
juegosolimpicoslondres.com
londresjuegosolimpicos.com
malagadisney.com
malagadisneyland.com
malagadisneyworld.com
olimpicos2016.com
olimpicos2020.com
olimpicos2024.com
soldisney.com
spaindisneyland.com
spaindisneyworld.com
teleubbies.com

You don’t need to be a trademark lawyer to know that these domains would not pass a UDRP challenge.

The domains all seem to have been registered to a Graham Stirling of Gibraltar for some years. Gibraltar’s a pretty small place, suggesting that it’s very probably the same guy.

It’s the second serious cybersquatting claim to hit Donuts in the last couple of weeks.

As we reported last week, a lawyer who apparently doesn’t want his client’s identity to be known has written to ICANN’s Governmental Advisory Committee to warn that Demand Media, Donuts’ back-end partner and its founders’ former employer, has a history of adverse UDRP findings.

That letter fingered Stirling as an employee of Gibraltar-based investment company Veddis Ventures, whose other executives allegedly have ties to online gambling scandals in the US.

Veddis Ventures recently removed Stirling’s full name from its web site. He’s now just listed as “Graham S”, adding to the intrigue.

The latest set of cybersquatting allegations are directed to ICANN’s background screening panel, which is tasked with weeding likely ne’er-do-wells out of the new gTLD program.

The panel looks at not only the corporate history of the applicant, but also at its directors and officers.

Stirling is not named on any of Donuts applications. For that matter, Donuts itself is not named as an official applicant on any of its 307 applications either.

Each of its applications has been filed by a different shell company, most of which are owned by another company, Dozen Donuts LLC, which we assume (but do not know) is in turn owned by Donuts.

The only individual named in the background check part of the applications (at least the portions published by ICANN) is Donuts CEO Paul Stahura.

Stirling is not currently listed as a director on Donuts’ web site.

If Stirling is still involved with Donuts, it might not impact the results of Donuts background screening, if the panel only looks at UDRP or court cases for evidence of cybersquatting.

Stirling does not appear to have ever been named in, never mind lost, a UDRP complaint.

That said, I don’t think ICANN’s background screening process will be over for a while yet…

August 7 Update:

Donuts has provided the following statement:

Graham Stirling is not a member of the Donuts Board of Directors and has not been since November 2011. Our list of board members as documented on our web site at www.donuts.co is current.

It’s disappointing to see Donuts’ contributions to new gTLD expansion attacked by those (including some unwilling to disclose their identities) who attempt to portray the company or those associated with it as bad actors. The company is and will continue to be committed to the legitimate interests of rights holders. As described in our applications, Donuts will implement rights protection mechanisms in its new gTLDs that substantially exceed those mandated by ICANN.

We have engaged the intellectual property community, law enforcement and others in the community about IP protection and believe our intentions and actions are clear and well understood. Infringement of legitimate rights is not tolerated by Donuts, in any capacity. Our collaboration with the community on IP protections will be an ongoing priority as the new gTLD program continues.

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ICANN director withdrew gTLD application

Kevin Murphy, August 6, 2012, Domain Policy

ICANN director Judith Vasquez applied for a new gTLD but then withdrew the bid at the last minute.

That’s among a tapestry of factoids relating to conflicts of interest to emerge from the minutes of recent meetings of ICANN’s board of directors that were published this week.

It’s also emerged that the New gTLD Program Committee — established as a subset of the board “without conflicted members” — actually now has four “directors with conflicts that have been mitigated”.

Vasquez, a businessperson heavily involved in media and telecoms in the Philippines, according to the minutes of the May 6 meeting:

disclosed that she withdrew her new gTLD application through the customer service center, though the withdrawal cannot be completed through the TAS due to the system being offline.

As you may recall, the TLD Application System (TAS) went down April 12, suggesting that Vasquez’s bid was withdrawn close to or after that date — the original deadline for filing new gTLD applications.

It’s not know what gTLD she (or a company she works for) was applying for, or why the application was withdrawn.

The potential for a conflict in her case was first noted in her published statement of interest when she joined the board in October last year.

But as I’ve noted before, Vasquez continued to vote on matters relating to the new gTLD program up until February 7.

She’s since joined the New gTLD Program Committee.

From the same May 6 minutes, it has emerged that directors Bill Graham and Kuo-Wei Wu were both probed for conflicts by a board subcommittee — set up a year ago in the wake of Peter Dengate Thrush’s move from the ICANN chair to Top Level Domain Holdings — which:

found that both of them had conflicts, but they had been already mitigated to the satisfaction of the subcommittee. And, therefore, the subcommittee determined that those two individuals, though conflicts were identified, had mitigated those conflicts with regard to the New gTLD Program.

Details of these conflicts have not been published. Both men have sat on the committee since its inception April 10.

A non-voting board liaison, Thomas Narten, was also considered conflicted but sufficiently “mitigated” to join the committee. He works as a software engineer for IBM, which has applied for a dot-brand.

Two other directors — Sebastien Bachollet and Bertrand de La Chapelle — were identified as having conflicts which they tried and apparently failed to mitigate to the satisfaction of the board.

Bachollet was unhappy with that classification, according to a statement he entered into the minutes several weeks later, which partly reads:

I still disagree with the conclusion of the Subcommittee and on the proposed mitigating measures. I will not enter into detail here, but now I have to accept this decision and I do.

I take this opportunity to underline that there is no appeal procedure in place allowing a second view on the matter.

Bachollet is a director of the International Foundation For Online Responsibility, .xxx’s nominal sponsoring organization, which is funded by ICM Registry, an applicant for three porn-related gTLDs.

The policy think-tank founded by De La Chapelle is or was funded by companies that applied for new gTLDs or offered services to applicants, according to his latest statement of interest.

The New gTLD Program Committee has 12 voting directors at present, three of which have been previously identified as conflicted but with their conflicts mitigated.

According to the May 6 minutes, ICANN’s chief lawyer John Jeffrey explained, in response to a query from de La Chapelle, why this is not a problem:

The General Counsel and Secretary explained that there are situations where a conflict may still exist, but mitigation can be completed that will remove that conflict from having an impact on the fiduciary responsibilities to ICANN or the other entity with whom the conflict may have arisen. Those directors or liaisons may then participate as if they were nonconflicted, acting without conflict in the decisions they make for the Board. He also noted that there could be situations where, upon mitigation, there may not be a conflict at all.

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