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WIPO wants tougher cybersquatting rules on new gTLDs

Kevin Murphy, March 29, 2010, Domain Registries

The World Intellectual Property Organization reckons ICANN should toughen its stance against new gTLD registries that allow cybersquatting.

The “trademark post-delegation dispute resolution procedure” or Trademark PDDRP would let trademark holders try to suspend new TLDs and receive compensation when a registry allows cybersquatting.

WIPO wants the burden of proof on trademark holders relaxed, making it much easier to file complaints.

Currently, the draft process would require complainants to show registries’ “specific bad faith intent” to profit from cybersquatting.

WIPO thinks this should be broadened to include deliberate recklessness.

“In seeking to give meaning to ‘intent,’ the criteria should, without as such imposing or implying any sweeping registry policing duty, also encompass instances of willful blindness,” WIPO wrote.

The comments came in response to ICANN’s public comment period on the process, which closes on Thursday.

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ICM says ICANN’s options for .xxx are ‘unacceptable’

Kevin Murphy, March 28, 2010, Domain Registries

ICM Registry has issued a speedy response to ICANN’s .xxx approval options paper, calling it “unacceptable” and urging the ICANN board to put the issue to bed ASAP.

Late Friday, ICANN published a flowchart outlining the possible ways the board could handle .xxx in the light of February’s Independent Review Panel decision, which found ICANN acted unfairly when it rejected the TLD in 2007.

ICM president Stuart Lawley said in a letter to ICANN today that most of the paths through the flowcharts “are in many respects substantively and procedurally inconsistent with the IRP declaration”.

The company believes the IRP decision resets the approval process to prior to the 2007 decision, when the two parties were in contract talks for an already-approved TLD.

The letter claims that “it would be inappropriate, illegal and inconsistent with ICANN’s core values and model of self governance for ICANN to set up an evaluative process that is lacking in objectivity and that does not affirmatively give effect to the underlying IRP declaration”.

There are presumably few people involved with ICANN in any doubt that ICM intends to take its case to the ‘proper’ courts if needs be, which is probably why its powers-that-be have been unwilling to meet with the company.

As I reported Friday, the options paper creates the possibility of re-evaluating the .xxx application under the Draft Applicant Guidebook v4 for new gTLDs, which is not yet completed.

It also suggests that ICANN will have to ask its Governmental Advisory Committee for its current opinion on the application, a move likely to stretch out a decision for months.

It also has an option to expedite the approval based on the “sponsored” TLD process under which ICM, and others such as .post and .asia, originally applied.

ICM’s latest letter is here. ICANN’s options paper can be found here. The public comment period is open here. Unlike many ICANN comments periods, it has comments.

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ICANN may kick .xxx into new gTLD round

Kevin Murphy, March 27, 2010, Domain Registries

ICANN has chosen to deal with the controversial .xxx TLD application by leaving essentially all options, including urging it into the next gTLD round, wide open.

ICM Registry had pushed for a speedy resolution to its long-running application, following the Independent Review Panel decision that went in its favour last month, but it hasn’t got one.

In Nairobi, ICANN’s board asked ICANN’s staff to tell it what its options were for dealing with the ruling, and staff today responded with this flowchart. Oh, and this flowchart.

It seems that these options are still on the table: …continue reading

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FourSquare.com expires, reporter seeks padding

Kevin Murphy, March 26, 2010, Gossip

Visitors to one of the web’s hottest geo apps had a bit of a surprise today when instead of FourSquare.com’s normal site they found a Go Daddy parking page.

It’s the usual problem — the company forgot to renew its registration.

That’s pretty much all there is to say about the story, unless you’re London daily newspaper Metro, which decided to pad the piece with a big chunk of lorem ispum:

Metro screenshot

It’s free for a reason.

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The most confusing new gTLDs (allegedly)

Kevin Murphy, March 26, 2010, Domain Registries

I don’t know how I missed it until today, but I’ve discovered ICANN has a web-based tool that will be used to determine whether new gTLDs could be confused with existing strings.

The Sword Group algorithm compares applied-for strings with a list of existing TLDs and reserved words such as “icann” and “ripe”.

It looks for “visual similarity”, which means not only common sequences of characters but also the pixel-by-pixel similarities of each character.

Numerical scores are assigned. Any match scoring below 30 is not considered worthy of reporting.

As an experiment, I ran each of the strings on newTLDs.tv’s list of publicly announced TLD hopefuls through the available “pre-production” algorithm.

Here are my findings.

1. The algorithm is pretty much worthless. …continue reading

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