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Cash-for-gold site seizes “sucks” domain

Kevin Murphy, October 19, 2010, Domain Policy

An Arizona cash-for-gold company has successful recovered a “sucks” domain name via UDRP, after it emerged that the anonymous gripe site was actually run by a competitor.

Valley Goldmine filed the UDRP complaint against the domain valleygoldminesucks.com back in August. As I reported, the contested domain contained a mere two blog posts, both dating to May 2009.

Up until about a month ago, the registrant’s identity was protected by Go Daddy’s privacy service.

But Valley Goldmine used a subpoena to identify the actual registrant, and it turned out to be the operator of Gold Stash For Cash, a direct competitor, which does business at goldstash.com.

The site was created after a local TV news report had ranked Valley Goldmine higher than GSFC in an “investigation” into cash-for-gold companies. The blog posts, ironically, attacked the report’s objectivity.

Despite precedent largely protecting “sucks” domains on free speech grounds, this was enough for WIPO panelist Maxim Waldbaum to find against the registrant on all three requirements of the UDRP.

Interestingly, Waldbaum used the fact that the domain satisfied the “bad faith” part of the UDRP to justify the “confusingly similar” criterion.

The associated website has high placement on search engine results for the Mark and is operated by the principal of a direct competitor of Complainant. Respondent’s use of the Disputed Domain Name in this context is precisely within the list of bad faith criteria under paragraph 4(b) of the Policy, which, in this Panel’s view, clearly indicates Respondent’s intent to create confusing similarity in the minds of Internet users.

The fact that GSFC stood to benefit financially from anonymously bad-mouthing its competitor clearly over-rode any free speech concerns, which does not seem unreasonable.

The panelist concluded:

Although cloaked in the mantle of a gripe site, Respondent’s website is quite clearly a platform for Respondent to cast aspersions on the reliability of a report that portrayed his company in a negative light and his competitor in a positive light, and to otherwise sling mud.

Amusingly, while GSFC appears to own goldstashforcashsucks.com, a third party owns goldstashsucks.com.

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DNSSEC to kill the ISP wildcard?

Kevin Murphy, October 19, 2010, Domain Tech

Comcast is to switch off its Domain Helper service, which captures DNS error traffic and presents surfers with sponsored search results instead, as part of its DNSSEC implementation.

The ISP said yesterday that it has started to roll out the new security mechanism to its production DNS servers across the US and expects to have all customers using DNSSEC by the “early part of 2011”.

The deployment will come in two phases. The first phase, expected to last 60 days, sees DNSSEC turned on for subscribers who have previously opted out of the Domain Helper system.

After that, Comcast will continue the rollout to all of its customers, which will involve killing off the Domain Helper service for good.

As the company says in its FAQ:

# We believe that the web error redirection function of Comcast Domain Helper is technically incompatible with DNSSEC.
# Comcast has always known this and plans to turn off such redirection when DNSSEC is fully implemented.
# The production network DNSSEC servers do not have Comcast Domain Helper’s DNS redirect functionality enabled.

When web users try to visit a non-existent domain, DNS normally supplies a “does-not-exist” reply. Over recent years it has become increasingly common for ISPs to intercept this response and show users a monetized search page instead.

But DNSSEC introduces new anti-spoofing features that require such responses to be cryptographically signed. This, it seems, means ISPs will no longer be able to intercept and monetize error traffic without interfering with the end-to-end functionality of DNSSEC.

Comcast, which has been trialing the technology with volunteers for most of the year, says that to do so “breaks the chain of trust critical to proper DNSSEC validation functionality”.

It looks like it’s the beginning of the end of the ISP error wildcard. That’s got to be a good thing, right?

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Law firm launches new TLD service

Kevin Murphy, October 19, 2010, Domain Registries

The law firm Crowell & Moring has launched a practice dedicated to helping companies apply for – and sue other applicants for – new top-level domains.

The company also said today it has hired Bart Lieben, the Brussels-based lawyer who probably has more recent experience launching new TLDs than most others in his field.

Crowell says it will offer these services:

* gTLD Assessment Services
o Feasibility study and strategic advice for brand owners and others prior to filing an application

* gTLD Application Services
o Preparation and filing of ‘New gTLD’ applications

* gTLD Litigation
o Against other applicants during and after the application process
o Against third parties opposing an application

* gTLD Launch and Implementation Assistance
o On-going assistance, post filing and execution of ICANN contract by applicant

With the new TLD round looking like a near certainty for 2011, there’s money to be made in consulting, and it’s hardly surprising that the lawyers are moving in.

World Trademark Review reported earlier this month that Hogan Lovells has become the first such firm to gain ICANN registrar accreditation in an effort to help its clients navigate new TLDs.

The new Crowell unit is being headed by Brussels-based Flip Petillion (an occasional WIPO panelist on UDRP cases) and Washington, DC-based John Stewart.

New hire Lieben has previously helped with the launches of .mobi and .tel. He was involved heavily with .CO Internet’s sunrise, and is currently helping GMO Registry and .SO Registry with the forthcoming .so launch.

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WordPress.com becomes a domain name registrar

Kevin Murphy, October 19, 2010, Domain Registrars

Automattic, the company behind the WordPress.com blogging service, appears to have been granted an ICANN registrar accreditation, which would allow it to start selling domain names direct to its users.

The development seems to put a question mark next to the company’s reseller relationship with Go Daddy subsidiaries Wild West Domains and Domains By Proxy.

Currently, WordPress.com allows users to buy domain names and map them to their wordpress.com blog directly through their blog’s interface. The company charges $17 a year, with optional privacy.

It’s my understanding that the company currently acts as a Wild West Domains reseller, with the privacy protection service offered by Domains By Proxy. Both are Go Daddy companies.

Recently, WordPress.com started offering an Offsite Redirect service, enabling users to bounce visitors to example.wordpress.com to example.com after they’ve switched hosts.

Go Daddy used this as an opportunity to encourage WordPress.com users to migrate to its own hosting service in this blog post.

Automattic showed up on ICANN’s list of accredited registrars IDs yesterday, suggesting that it will not be long before it is also on the official list of accredited registrars.

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Next new TLD guidebook due early November

Kevin Murphy, October 19, 2010, Domain Registries

The next version of ICANN’s Applicant Guidebook for wannabe new top-level domain registries could be published as early as the first week of November, and it could be proposed as the “final” draft.

In a note to the GNSO Council’s mailing list yesterday, ICANN senior vice president Kurt Pritz wrote:

There is a Board meeting on the 28th with new gTLDs as an agenda item, and right around that time, maybe a week later, the work on the Guidebook will be wrapped. Those two events will indicate both a Board and staff intent on whether to propose the Guidebook version as final.

In order for a 30-day public comment period to be completed prior to the start of ICANN’s meeting in Cartagena, Colombia, the Guidebook would have to be published before November 5.

That said, version four of the DAG had a 60-day comment period (and ICANN staff have yet to publish a summary and analysis of those comments three months after it closed).

As I’ve previously blogged, outstanding issues include humdingers such as the cross-ownership of registrar/registry functions, and the objections procedure formerly known as “morality and public order”.

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