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RBS wins totally bogus UDRP complaint

Kevin Murphy, June 28, 2010, Domain Policy

The Royal Bank of Scotland has been handled control of the domain in a UDRP decision I have no trouble at all describing as utterly bogus.

RBS, naturally enough, owns a trademark on the term “RBS”. Its UDRP claim is based on the notion that a domain beginning with “rbs” is therefore confusingly similar.

For this to work, logically, the meaning of “rbscout” must be taken as “RBS cout”.


The idea that the registrant actually had “RB scout” in mind does not appear to entered into the deliberation of the National Arbitration Forum panelist, Paul Dorf.

It took me all of two minutes with Whois and Google to determine that the registrant, The Auction Scout, is a player in the market for auctioning heavy machinery, and that RB, Ritchie Bros., is such an auctioneer.

There’s simply no way the registrant could have had RBS in mind when he registered the domain back in February.

So why did Dorf find evidence of bad faith?

Because the domain resolves to a default Go Daddy parking page, which displays advertising links to financial services sites including RBS’s own site.

So, just because Go Daddy’s algorithms are confused by the string “rbs” appearing in a domain, human beings would be similarly confused?

It defies common sense. Dorf should be ashamed of himself.

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Aussie registrar trademarks “Whois”

An Australian domain name registrar has secured a trademark on the word “Whois”.

Whois Pty Ltd, which runs, said it has been granted an Australian trademark on the word in the class of “business consulting and information services”.

It looks rather like the company is using the award as a way to promote its own trademark protection services.

I shudder to think what could happen if the firm decided to try to enforce the mark against other registrars.

Or, come to think of it, what would happen if it tried to secure “whois” in a new TLD sunrise period.

I’m not a lawyer, but I imagine that the fact that the word “Whois” has been in use for almost 30 years, pre-dating the creation of the DNS itself, might prove a useful defense.

RFC 812, published in March 1982, is the first use of the word I’m aware of.

It does not appear that there are currently any live US trademarks on the term.

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ICANN registrar’s domain listed for sale on Sedo

When selecting a domain name registrar there are often clues you can use to determine broadly whether a firm is entirely reliable, but this one is new to me.

Vivid Domains, a small-time, seven-year-old ICANN-accredited registrar, currently has its primary domain,, listed for sale on Sedo.

It’s listed as a “domain without content” too, which looks even more peculiar.

According to DotAndCo, the company recently relocated from Florida to Grand Cayman. notes that, having chugged along for some time with only a few hundred domains under management, Vivid’s registration base has leapt from about 400 to over 1,900 in the last two weeks.

KnujOn’s registrar audit report (pdf), released at ICANN Brussels last week, notes that the anti-spam company was unable to locate a business registration for Vivid.

I’m not suggesting Vivid is dodgy, but these are the kind of clues I would use when deciding whether to give a registrar a wide berth.

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ICANN chair says new TLD guidebook could be final by December

Kevin Murphy, June 28, 2010, Domain Policy

Peter Dengate Thrush, chairman of the ICANN board, thinks there’s a chance that the Applicant Guidebook for new top-level domains could be ready by ICANN’s next meeting, set for Cartagena in early December.

The board resolved in Brussels on Friday to turn its September two-day retreat into a special meeting focussed on knocking the DAG into shape.

Shortly after the vote, Peter Dengate Thrush spoke at a press conference (emphasis mine).

Soon after the closing of the [DAG v4] public comment period was a regularly scheduled retreat for the board to go and do what boards do at retreats, and what we’ve decided today to do is to use that two-day retreat to see if we can’t make decisions on all the outstanding issues in relation to the new TLD program.

That’s probably reasonably ambitious, there may still be a couple left, but we want to get as many of them out of the way as we can. That means that when we come to the next ICANN meeting in Cartagena in December we hope to be very close if not actually able to hand out the Applicant Guidebook for that new process.

I asked him what outstanding issues needed to be resolved before the DAG can be finalized. Instead of a comprehensive list, he named two: IP protection and the Governmental Advisory Committee’s “morality and public order” concerns.

The IP issue is “close” to being resolved, he said, but “there may still be issues”.

On MOPO, he said there is “a potential conflict emerging” between GAC members who value free speech and those who are more concerned with their own religious and cultural sensitivities.

When I followed up to ask whether it was possible to reconcile these two positions, this is what he said:

What we’ve done is ask the GAC is how they would reconcile it… now they are saying that they can’t see how it can be done. We see that very much as a problem either for the GAC to change its advice, or to provide us with a mechanism whereby that can be reconciled.

The Brussels GAC Communique (pdf), has little to say on MOPO, delaying its advice until its official DAG v4 public comment filing.

MOPO has already created tensions between the GAC and the board. The conversation at their joint meeting on Tuesday went a little like this:

GAC: We don’t like this MOPO stuff. Please get rid of it.

BOARD: Okay. What shall we replace it with?

GAC: Erm…

BOARD: Well?

GAC: It’s not our problem. You think of something.

BOARD: Can you give us a hint?

GAC: No.

BOARD: Please? A little one?

GAC: We’ll think about it.

So can we expect the GAC to get its act together in time for Cartagena? That, too, seems ambitious.

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Bulgaria to file ICANN reconsideration appeal over rejected IDN ccTLD

Bulgaria is to appeal ICANN’s rejection of .бг, the Cyrillic version of its existing country code top-level domain, .bg.

Technology minister Alexander Tsvetkov said that the Bulgarian government will file a reconsideration request with ICANN, according to a interview.

The requested IDN ccTLD .бг was rejected because it looks quite a bit like Brazil’s existing ASCII ccTLD, .br, which could create confusion for Brazilians.

ICANN/IANA does not talk openly about ccTLD delegation issues. As far as I know, .бг is the only IDN ccTLD on the current fast-track program to be rejected on string-similarity grounds.

The Darik News interview, via Google Translate, reports Tsvetkov saying he “believes that this domain is the best way for Bulgaria” and that the government “will ask for reconsideration”.

Asked about the clash with Brazil, he said Bulgaria “will not quit” in its pursuit of its first-choice ccTLD.

Brazil has not been silent on the issue.

During the meeting on Tuesday between the ICANN board and its Governmental Advisory Committee, Brazil’s representative praised ICANN for rejecting .бг:

Brazil would like to express its support to the recent board’s decision about avoiding graphic similitude between new country codes and current country codes in Latin. This is particularly important inasmuch as any graphic confusion might facilitate phishing practices and all the problems related to it.

Many thanks to the Bulgarian reader who referred me to this Darik News interview.

For any other Bulgarians reading this, the interview also appears to contain lots of other really juicy information not related to domain names. Check it out.

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