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First new gTLD objection scalps claimed

Employ Media has killed off the Chinese-language gTLD .招聘 in the latest batch of new gTLD objection results.

Amazon and DotKids Foundation’s respective applications for .kids also appear to be heading into a contention set with Google’s bid for .kid, following the first String Confusion Objections.

All three objections were marked as “Closed, Default” by objection handler the International Center For Dispute Resolution a few days ago. No full decisions were published.

This suggests that the objectors have won all three cases on technicalities (such as the applicant failing to file a response).

Employ Media vice president for policy Ray Fassett confirmed to DI that the company has prevailed in its objection against .招聘, which means “recruitment” in Chinese and would have competed with .jobs.

The String Confusion Objection can be filed based on similarity of meaning, not just visual similarity.

What’s more, if the objector is an existing TLD registry like Employ Media, the only remedy is for the losing applicant to have their application rejected by ICANN.

So Hu Yi Global Information Resources, the .招聘 applicant, appears to be finished as far as this round of the new gTLD program is concerned.

But because there’s no actual ICDR decision on the merits of the case, it seems possible that it, or another company, could try for the same string in a future round.

In Google’s case, it had objected to both the Amazon and DotKids applications for .kids on string confusion grounds. The company is applying for .kid, which is obviously very similar.

The String Similarity Panel, which created the original pre-objection contention sets, decided that singular and plurals could co-exist without confusion. Not everyone agreed.

Because .kid is merely an application, not an existing TLD, none of the bids are rejected. Instead, they all join the same contention set and will have to work out their differences some other way.

Applicants are under no obligation to fight objections; they may even want to be placed in a contention set.

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Afilias opens pre-regs on 30 new gTLDs

Afilias has started accepting expressions of interest on the 30 new gTLDs it has applied for.

A basic site launched today invites potential registrants to indicate which names they’d like to register in future and submit their email address for updates.

As usual, it’s free, no obligation, and provides more value to the registry than the registrant.

The strings covered are:

.移动 (info), .信息 (mobi), .DESI, .APP, .HEALTH, .LTD, .KIM, .BLUE, .PINK, .LOTTO, .MLS, .LGBT, .BLOG, .GREEN, .INC, .TEAM, .SHIKSHA, .MEMORIAL, .RADIO, .BET, .RED, .WINE, .LLC, .WEB, .ORGANIC, .MEET, .PET, .BLACK, .CASINO, .POKER, .VOTE, .VOTO

Many of these gTLDs are still contested and some haven’t yet passed Initial Evaluation, so the list may dwindle as time goes by.

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Verisign lays out ‘buy once’ IDN gTLD plans

Verisign has finally clarified how it proposes to let existing registrants of internationalized domain names grab the matching domains in its 12 forthcoming IDN gTLDs.

The company has applied for transliterations of .com in nine non-Latin scripts and .net in three, but its applications were light on details about existing registrants’ rights.

But today Verisign senior vice president Pat Kane outlined precisely how name allocations will be handled.

At first glance it sounds like good news for existing IDN registrants, particularly domainers whose investments in IDN .com and .net domains are about to become much more valuable.

If you already own a .com domain that is an IDN at the second level, you will have exclusive rights to that IDN string in all other .com transliterations, but not .net transliterations.

That works the other way around too: if you own the IDN .net domain, you get the matching second level in all of Verisign’s .net transliterations.

Owning the Chinese word for “beer” in Latin .com would not give you rights to the Thai word for “beer” in the Thai transliteration of .com, but you could buy the Chinese equivalent.

The rules seem to apply to future registrations too.

You could register the Hebrew for “beer” in the Hebrew transliteration of .com and you would also get the exclusive right to that Hebrew string in Latin .com.

There would be no obligation, and you wouldn’t lose your right to register matching domains if you chose not to immediately exercise it, Kane said. He wrote:

Two primary objectives in our strategy to implement new IDN gTLDs are, where feasible, to avoid costs to consumers and businesses from purely defensive registrations in these new TLDs, as well as to avoid end-user confusion.

It all sounds pretty fair to me, based on Kane’s blog post.

There’s a hint that trademark rights protection mechanisms may complicate matters, which has apparently been discussed in a letter to ICANN, but if it’s been published anywhere I’ve been unable to find a copy.

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Guest post: Pritz on policy vs implementation and the brother-in-law test

Kurt Pritz, July 11, 2013, Domain Policy

A current, important debate in internet governance and operation of the multi-stakeholder model asks: when do the bottom-up policy-making volunteers let go and when do the staff policy implementers take over?

Drawing that line to the satisfaction of everyone seems impossible. That is because there is no bright line — the development and implementation of policy is a task requiring the constant attention and cooperation of policy makers and implementation teams.

Is an ICANN action a policy position? Or is it a mere implementation detail? Labels almost never work, especially one-word labels. Since when are ICANN issues black or white?

We’ve stopped discussing the issues, it is easier to discuss the labels: is it “policy” or “implementation”?

The multi-stakeholder model depends on communication, consideration and collaboration

ICANN has a rich history of its stakeholders butting heads with the Board and both butting heads with the staff: long lines at microphones, speaking in hyperbole, and wringing of hands that the multi-stakeholder model has failed. ICANN also has a rich history of staff-stakeholder collaboration in the formulation of policy and in the implementation of policy.

The initial Inter-Registrar Transfer Policy was little more than a framework. Then a team of ICANN staff and TLD registry operators met over a period of months and developed the implementation model. It really didn’t matter where the policy making ended and the implementation started. There was a resolve that there should be an easy-to-follow way for registrants to transfer names and there was teamwork to get that accomplished.

There are parallels in the “real” world. In 1990, the United States enacted the American with Disabilities Act (ADA). The ADA itself was little more than a framework also: American employers should make “reasonable accommodation” for those with a “disability.” What was a reasonable accommodation? And what qualified as a disability?

Over a period of many years, those questions have been answered through a series of many court cases and regulations. But in 1990 employers were trying to figure that out.

At the time, we worked on developing clear criteria that would let our employees know what was covered by the ADA. After failing at that, we developed an approach to treat employees as you would your brother-in-law. You are deferential to your brother-in-law (because you have to face your sister) but not totally deferential (after all, he is making love to her). You just treat him better than the letter of the law requires.

So when your employee comes up to you and asks for better lighting at his workstation, you don’t try to parse whether you are required to accommodate near-sighted employees. You say, this is my brother-in-law, and I will listen to his request and carefully consider it.

This is how a public participation model works. The stakeholders are not strangers to one another and the model only works if there is mutual trust and respect.

If someone says, “I want to be heard,” she is generally listened to. (That doesn’t mean discussion is never ending. If that same person wants to be heard again, and says the same thing without change, she will be disregarded. If she continually repeats the same demand and content, she will be shunned.)

Policy versus Implementation should be Policy and Implementation

Take the example currently debated. There is a new gTLD policy element (approved in 2009) that states:

Strings must not infringe the existing legal rights of others that are recognized or enforceable under generally accepted and internationally recognized principles of law.

How does one implement that? The implementation of trademark rights protection mechanisms were developed after years of community/staff consultation, “implementability” studies, draft positions, memoranda describing potential solutions and the reasoning behind them, debate, and discussion.

When things were apparently settled, new parties joined the ICANN discussion — they were welcomed as were their opinions. ICANN was richer because there were new participants in the model. New implementation models were written. Finally, there was an indication the discussion was spent. The work was “said and done.”

Then, apparently, not all was said-and-done. After the gTLD program was launched, there were new suggestions and participants. ICANN decided to entertain those ideas. After a round of community feedback, a subset of the new suggestions was recommended by ICANN for inclusion into the implementation plan for new gTLDs.

ICANN’s policy makers, the GNSO, weighed in, agreeing with many of the conclusions but picking one of the recommendations and saying, “we’d like to talk a bit more about this one because we don’t fully understand its implications and effects.” (Unfortunately, the GNSO didn’t say exactly that, it sounded more to me like, “this item is policy and therefore it cannot be implemented without our consensus opinion.”)

Now, if my brother-in-law says he wants to talk about something some more, even if he doesn’t give a good reason, I am ready to indulge him. But ICANN did not indulge the GNSO. Now, we are in a policy versus implementation discussion: what work is the province of policy makers, and the province of implementers? The GNSO is considering ICANN Bylaw changes to ensure they are heeded.

Bylaw changes are not the lynchpin to multi-stakeholder model success. Putting rules in place for how and when to listen never work. There will always be exceptions. (Another whole piece can be written on how the rules governing communications between ICANN and its Governmental Advisory Committee have failed to facilitate the success of the multi-stakeholder model.)

Processes and procedures (as they are currently described in the Bylaws) are important. We must have clear rules for creation of consensus policy, with timelines and borders to ensure that issues are addressed and rights are respected.

But the operation of the multi-stakeholder model is more complicated than following those processes. The success of the model depends on the mutual trust and respect of the participants, and the ability to actively listen and to understand what is meant, even if that is not exactly what is said.

Rather than create new rules or discuss how one side can prevent the other from abusing its position, the volunteers, staff and Board should look inwardly to improve its own listening and communicating.

You’re my brother-in-law. I am ready (more than ready) to disagree with you, but first I am going to listen to what you have to say.

This is a guest post written by Kurt Pritz, ICANN’s former chief strategy officer. He is currently an independent consultant working with new gTLD applicants and others.

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Donuts beats dot-brand in fight over .express gTLD

Kevin Murphy, July 11, 2013, Domain Policy

Donuts has prevailed in the first big dust-up between a portfolio gTLD applicant and a dot-brand hopeful.

The World Intellectual Property Organization today published its decision (pdf) in the Legal Rights Objection filed by a clothing retailer called Express over the .express gTLD.

The ruling could have a big impact on future rounds of the new gTLD program, possibly giving rise to an influx of defensive, generic-word dot-brand applications.

Both Express and Donuts have applied for .express. They’re the only two applicants for the string.

Express runs about 600 stores in the US and elsewhere and has had a trademark on its name since 1979. Donuts, as with all of its 307 original applications, wants to run .express as an open gTLD.

Express argued in its LRO that a Donuts-run .express would severely damage its brand, saying:

Should applicants for new TLDs be able to operate unrestricted TLDs represented by generic words which are also extremely well known brands, billions of dollars of goodwill will be wiped out in a TLD heartbeat.

Donuts, in its response, pointed out that there are thousands of uses of the word “express” in trademarks and other contexts, and even produced a survey that it said showed only 8% of fashionistas even associate the word with the brand.

The WIPO panelist, after what appears to have been something of a crisis moment of wondering what the hell ICANN was thinking when it designed the LRO, sided with Donuts. He said:

The Panel ultimately decides that the trademark owner (Complainant) should not be able to prevent adoption by the applicant (Respondent) of the applied-for gTLD <.express> in the particular context presented here. While Complainant certainly owns rights in the EXPRESS trademark for use in connection with apparel and fashion accessories, and while that trademark is reasonably well known among a relevant segment of consumers in the United States, there are so many common usages of the term “express” that it is not reasonable to foreclose its use by Respondent as a gTLD.

He follows up with a few sentences that should give owners of dictionary-word trademarks reason to be worried.

The Panel recognizes that, should Respondent successfully secure the gTLD, Complainant may be required to address potential Internet user confusion in the commercial marketplace for its products based on the registration (or attempted registration) of certain second level domains. However, Complainant faces this risk because it adopted a common word in the English language for its trademark. Moreover, Complainant has applied for the identical <.express> string as a gTLD in competition with Respondent. Ultimately, the parties may well end up in an auction contest for the gTLD. This is not Complainant’s last chance to secure its trademark as a gTLD.

In other words, Express can either pay ICANN or Donuts a bunch of cash at auction to get its dot-brand, or it can let Donuts win and spend a bunch of cash on defensive registrations and UDRP/URS complaints. Not a great result for Express either way.

The panelist takes 10 pages of his 26-page decision to explain his deliberations, but it basically boils down to this: Express’ trademark is too generic to give the company exclusivity over the word.

It’s hard to disagree with his reasoning.

If subsequent LROs go the same way, and I suspect they will, then it will quickly become clear that the only way to guarantee nobody else gets your dictionary-word brand as a gTLD will be to apply for it yourself and fight it all the way to auction.

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IAB gives dotless domains the thumbs down

Kevin Murphy, July 11, 2013, Domain Tech

The Internet Architecture Board believes dotless domain names would be “inherently harmful to Internet security.”

The IAB, the oversight committee which is to internet technical standards what ICANN is to domain names, weighed into the debate with an article apparently published yesterday.

In it, the committee states that over time dotless domains have evolved to be used only on local networks, rather than the internet, and that to start delegating them at the top level of the DNS would be dangerous:

most users entering single-label names want them to be resolved in a local context, and they do not expect a single name to refer to a TLD. The behavior is specified within a succession of standards track documents developed over several decades, and is now implemented by hundreds of millions of Internet hosts.

By attempting to change expected behavior, dotless domains introduce potential security vulnerabilities. These include causing traffic intended for local services to be directed onto the global Internet (and vice-versa), which can enable a number of attacks, including theft of credentials and cookies, cross-site scripting attacks, etc. As a result, the deployment of dotless domains has the potential to cause significant harm to the security of the Internet

The article also says (if I understand correctly) that it’s okay for browsers to interpret words entered into address bars without dots as local resources and/or search terms rather than domain names.

It’s pretty unequivocal that dotless domains would be Bad.

The article was written because there’s currently a lot of talk about new gTLD applicants — such as Google, Donuts and Uniregistry — asking ICANN to allow them to run their TLDs without dots.

There’s a ban in the Applicant Guidebook on the “apex A records” that would be required to make dotless TLDs work, but it’s been suggested that applicants could apply to have the ban lifted on a case by case basis.

More recently, ICANN’s Security and Stability Advisory Committee has stated almost as unequivocally as the IAB that dotless domains should not be allowed.

But for some reason ICANN recently commissioned a security company to look into the issue.

This seems to have made some people, such as the At Large Advisory Committee, worried that ICANN is looking for some wiggle room to give its new gTLD paymasters what they want.

Alternatively, ICANN may just be looking for a second opinion to wave in the faces of new gTLD registries when it tells them to take a hike. It was quite vague about its motives.

It’s not just a technical issue, of course. Dotless TLDs would shake up the web search market in a big way, and not necessarily for the better.

Donuts CEO Paul Stahura today published an article on CircleID that makes the case that it is the browser makers, specifically Microsoft, that are implementing DNS all wrong, and that they’re objecting to dotless domains for competitive reasons. The IAB apparently disagrees, but it’s an interesting counterpoint nevertheless.

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DomainsBot takes its new gTLD spinner to registries

Kevin Murphy, July 11, 2013, Domain Services

DomainsBot has started promoting its domain name suggestion services to new gTLD registries.

Announced today, its new TLD Recommendation Engine for Registries is designed to make TLD suggestions more relevant when people are hunting for a new domain name.

It’s a sister service to the TLD Recommendation Engine for Registrars that, as we reported last week, DomainsBot hopes to have in place on many of the major registrars’ storefronts when new gTLDs launch.

After last week’s news, Domain Name Wire did a test of its demo and found it lacking in certain areas, such as failing to offer a .accountant domain to a query containing “CPA”.

DomainsBot CEO Emiliano Pasqualetti told DI that the service being announced today will help TLD registries avoid this kind of problem.

In consultation with DomainsBot, they’ll be able to more accurately define the meaning of their TLD string, improving the relevancy of DomainsBot’s results and potentially not missing out on sales.

Under the hood, it’s based on a database of all the existing second-level domains in existence today. DomainsBot wants to connect each second-level string to relevant results in new gTLDs.

“My goal is to pre-classify every existing second-level domain before new gTLDs go live,” Pasqualetti said.

The service is not free, of course. The cheapest tier has an introductory price of $1,000 per month, which Pasqualetti said will go up in future.

It’s “pay for relevancy” rather than “pay for display”, he said. “I’m not saying if you pay me I will display .cpa every time.”

MinardosGroup, which has applied for .build, .construction and .expert, has already signed on to use the service, according to a DomainsBot press release.

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Report names and shames most-abused TLDs

Kevin Murphy, July 11, 2013, Domain Services

Newish gTLDs .tel and .xxx are among the most secure top-level domains, while .cn and .pw are the most risky.

That’s according to new gTLD services provider Architelos, which today published a report analyzing the prevalence of abuse in each TLD.

Assigning an “abuse per million domains” score to each TLD, the company found .tel the safest with 0 and .cn the riskiest, with a score of 30,406.

Recently relaunched .pw, which has had serious problems with spammers, came in just behind .cn, with a score of 30,151.

Generally, the results seem to confirm that the more tightly controlled the registration process and the more expensive the domain, the less likely it is to see abuse.

Norway’s .no and ICM Registry’s .xxx scored 17 and 27, for example.

Surprisingly, the free ccTLD for Tokelau, .tk, which is now the second-largest TLD in the world, had only 224 abusive domains per million under management, according to the report..

Today’s report ranked TLDs with over 100,000 names under management. Over 90% of the abusive domains used to calculate the scores were related to spam, rather than anything more nefarious.

The data was compiled from Architelos’ NameSentry service, which aggregates abusive URLs from numerous third-party sources and tallies up the number of times each TLD appears.

The methodology is very similar to the one DI PRO uses in TLD Health Check, but Architelos uses more data sources. NameSentry is also designed to automate the remediation workflow for registries.

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Key-Systems to take a loss on .hiv domains

Key-Systems said yesterday that it plans to make .hiv domain names available at “below net cost price”, in solidarity with would-be new gTLD registry dotHIV.

The registrar said it will also offer free .hiv names at launch to organizations involving in fighting the virus via its Moniker and domaindiscount24.com retail registrars.

dotHIV, also a German company, plans to donate all of its profits to HIV/AIDs charities.

Its application is uncontested and has already passed Initial Evaluation, but is the target of Governmental Advisory Committee advice, which has put its bid on hold.

Despite this uncertainty, Key-Systems said it expects the Sunrise phase for .hiv to start in December.

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.CO Internet looking for more registrars

.CO Internet is expanding its registrar channel with a new Request For Proposals.

The company wants would-be registrars to respond with the commitments they’re willing to make to market and promote .co domains, particularly in markets where .co is not currently popular.

Only ICANN-accredited registrars need apply.

Amusingly, registrars also need to be specifically accredited to sell .biz domains. Presumably this is due to .CO’s relationship with back-end provider Neustar, which also runs .biz.

The company has about 30 registrars right now, but many of those operate very large reseller networks, so there’s no shortage of places to buy a .co if you want one.

.CO deliberately kept its registrar numbers low — only 10 at launch — in order to cut down on abuse and to keep a tighter leash on gaming during the 2010 landrush process.

The RFP can be found here.

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