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GNSO faces off with governments over IGO cybersquatting

Kevin Murphy, January 27, 2017, Domain Policy

A defiant ICANN working group looking at cybersquatting rules for intergovernmental organizations is sticking to its guns in an ongoing face-off with the Governmental Advisory Committee.

In a report published for public comment this week, the GNSO working group recommended that IGOs should be given the right to use the UDRP and URS rights protection mechanisms, despite not being trademark owners.

But the recommendations conflict with the advice of the GAC, which wants ICANN to create entirely new mechanisms to deal with IGO rights.

I explored a lot of the back story of this argument in two posts a few months ago, which I will not rehash here.

The latest development is the publication of the proposed initial report of the GNSO IGO-INGO Access to Curative Rights Protection Mechanisms Initial Report (pdf) for comment.

The WG was tasked with deciding whether changes should be made to UDRP and URS to help protect the names and acronyms of IGOs and INGOs (international non-governmental organizations).

For INGOs, including the special cases of the International Olympic Committee and the Red Cross/Red Crescent, it decided no changes and no new mechanisms are required, concluding:

Many INGOs already have, and do, enforce their trademark rights. There is no perceivable barrier to other INGOs obtaining trademark rights in their names and/or acronyms and subsequently utilizing those rights as the basis for standing in the existing dispute resolution procedures (DRPs) created and offered by ICANN as a faster and lower cost alternative to litigation. For UDRP and URS purposes they have the same standing as any other private party.

The case with IGOs is different, because using UDRP and URS requires complainants to agree that the panel’s decisions can be challenge in court, and IGOs by their nature have a special legal status that allows them to claim jurisdictional immunity.

The WG recommends that these groups should be allowed access to UDRP and URS if they have protection under Article 6ter of the Paris Convention, a longstanding international intellectual property treaty.

This rule would actually extend UDRP and URS to hundreds more IGO names and acronyms than the GAC has requested protection for, which is just a few hundred. WIPO’s 6ter database by contrast currently lists 925 names and 399 abbreviations.

To deal with the jurisdictional immunity problem, the WG report recommends that IGOs should be allowed to file cybersquatting complaints via a third-party “assignee, agent or licensee”.

It further recommends that if an IGO manages to persuade a court it has special jurisdictional immunity, having been sued by a UDRP-losing registrant, that the UDRP decision be either disregarded or sent back to the arbitration for another decision.

The recommendations with regard IGOs are in conflict with the recommendations (pdf) of the so-called “small group” — a collection of governments, IGOs, INGOs and ICANN directors that worked quietly and controversially in parallel with the WG to come up with alternative solutions.

The small group wants ICANN to create separate but “functionally equivalent” copies of the UDRP and URS to deal with cybersquatting on IGO name and acronyms.

These copied processes would be free for IGOs to use and, to account for the immunity issue, would not be founded in trademark law.

The WG recommendations are now open for public comment and are expected to be the subject of some debate at the March ICANN meeting in Copenhagen.

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ICANN joins anti-phishing group board

Kevin Murphy, January 27, 2017, Domain Policy

ICANN’s VP of security has joined the board of directors of the Anti-Phishing Working Group.

Dave Piscitello is one of three new APWG board members, arriving as the group expands its board from two people to five.

APWG said the expansion “is recognition of the growing complexity and scale of Internet crime today and the challenges in responding to this global threat.”

In a press release, it noted that targeted phishing attacks are said to be the root cause of the data thefts that may or may not have influenced the US presidential election last year.

The other two new directors are Brad Wardman of PayPal and Pat Cain of The Cooper Cain Group, a security consulting firm (a different bloke to the similarly named Pat Kane of Verisign).

APWG is an independent, public-private coalition that collects and publishes data about phishing attack trends and advice for how to defend against them.

Part of this work entails tracking how many domain names are involved in phishing, and in which TLDs.

The APWG board also includes chair David Jevans of Proofpoint and secretary-general Peter Cassidy.

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Celebrity cybersquatting to feature in Super Bowl commercial [video]

Kevin Murphy, January 25, 2017, Domain Registrars

Actor turned fashion designer John Malkovich is to feature in a Super Bowl commercial themed on cybersquatting.

The ad, for web host Squarespace, sees Malkovich complaining about the domain johnmalkovich.com belonging to some other guy by the same name.

In a roundabout way, this is also a commercial for Tucows, the newly-crowned second-largest domain registrar, which Squarespace acts as a reseller for.

Here’s the ad:

In reality, Malkovich owns the the .com of his full name. He sells clothes there.

However, he’s reportedly currently suing the owner of malkovich.com in France.

Clarification: a reader has asked me to clarify that using a domain in good faith isn’t strictly “cybersquatting”. Every DI reader already knows this, but apparently unless you spell it out every single time you risk incurring the anger of cretins.

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MMX billings double even as some volumes slide

Kevin Murphy, January 25, 2017, Domain Registries

MMX has reported a 100% increase in billings for 2016, despite its number of domains under management dropping in some TLDs.

The company, until recently known as Minds + Machines, said billing were $15.8 million in the year to December 31, compared to $7.9 million for in 2015.

Billings is an up-front measure of sales growth that does not take into account the way domain revenue is recognized over the life of the registration.

The company said, in a trading update to the London markets today, that billings and domains under management do not necessarily correlate. The former can be up even if the latter is down:

For example, in 2016 .work generated $392,000 off 81,000 registrations compared to $206,000 off 102,000 registrations in 2015 reflecting the use of a promotional initiative to drive registrations that year.

MMX also disclosed that China now accounts for more than half of its billings: 59%, compared to 24% for the US and 17% for Europe.

That’s largely based on its launch of .vip, which launched last May and has half a million names mainly because of the resonance of the string in China.

The company said it intends to imitate its focus on .vip in 2016 by only launching two TLDs — .boston and one other — in 2017.

MMX’s formal, audited 2016 financial results will be published in April.

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Now MMX kills off premium renewals

Kevin Murphy, January 23, 2017, Domain Registries

Are we witnessing the beginning of the end for the premium renewal business model?

MMX, aka Minds + Machines today became the latest new gTLD registry to announce it is getting rid of premium renewal fees for all of its premium domain names.

The price changes are retroactive to January 6 and affect all MMX gTLDs, such as .beer, .fishing and .horse.

“We started the process of rebooting our strategy in July last year, when we alerted our many registrar partners that 100% of our premium names sold after January 6th 2017 would have standard, GA [general availability] renewal prices,” CEO Toby Hall said in a statement.

MMX also said today that it is “revisting” its existing pricing tiers.

The reduced pricing will make the domains more attractive to domainers and end users alike, but I suspect the former will be more likely to exploit the new deal at first.

It’s the second new gTLD registry, after Rightside, to announce such a move this month.

Rightside said it was abolishing premium renewals on its expensive Platinum-level domains, though they will remain on more modestly priced premiums.

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