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Cops can’t block domain transfers without court order, NAF rules

Kevin Murphy, January 12, 2014, Domain Registrars

Law enforcement and IP owners were dealt a setback last week when the National Arbitration Forum ruled that they cannot block domain transfers unless they have a court order.

The ruling could make it more difficult for registrars to acquiesce to requests from police trying to shut down piracy sites, as they might technically be in breach of their ICANN contracts.

NAF panelist Bruce Meyerson made the call in a Transfer Dispute Resolution Policy ruling after a complaint filed by EasyDNS against Directi (PublicDomainRegistry.com).

You’re probably asking right about now: “The what policy?”

I had to look it up, too.

TDRP, it turns out, has been part of the ICANN rulebook since the Inter-Registrar Transfer Policy was adopted in 2004.

It’s designed for disputes where one registrar refuses to transfer a domain to another. As part of the IRTP, it’s a binding part of the Registrar Accreditation Agreement.

It seems to have been rarely used in full over the last decade, possibly because the first point of complaint is the registry for the TLD in question, with only appeals going to a professional arbitrator.

Only NAF and the Asian Domain Name Dispute Resolution Centre are approved to handle such cases, and their respective records show that only one TDRP appeal has previously filed, and that was in 2013.

In the latest case, Directi had refused to allow the transfer of three domains to EasyDNS after receiving a suspension request from the Intellectual Property Crime Unit of the City of London Police.

The IPCU had sent suspension requests, targeting music download sites “suspected” of criminal activity, to several registrars.

The three sites — maxalbums.com, emp3world.com, and full-albums.net — are all primarily concerned with hosting links to pirated music while trying to install as much adware as possible on visitors’ PCs.

The registrants of the names had tried to move from India-based Directi to Canada-based EasyDNS, but found the transfers denied by Directi.

EasyDNS, which I think it’s fair to say is becoming something of an activist when it come to this kind of thing, filed the TDRP first with Verisign then appealed its “No Decision” ruling to NAF.

NAF’s Meyerson delivered a blunt, if reluctant-sounding, win to EasyDNS:

Although there are compelling reasons why the request from a recognized law enforcement agency such as the City of London Police should be honored, the Transfer Policy is unambiguous in requiring a court order before a Registrar of Record may deny a request to transfer a domain name… The term “court order” is unambiguous and cannot be interpreted to be the equivalent of suspicion of wrong doing by a policy agency.

To permit a registrar of record to withhold the transfer of a domain based on the suspicion of a law enforcement agency, without the intervention of a judicial body, opens the possibility for abuse by agencies far less reputable than the City of London Police.

That’s a pretty unambiguous statement, as far as ICANN policy is concerned: no court order, no transfer block.

It’s probably not going to stop British cops trying to have domains suspended based on suspicion alone — the Metropolitan Police has a track record of getting Nominet to suspend thousands of .uk domains in this way — but it will give registrars an excuse to decline such requests when they receive them, if they want the hassle.

.ninja springs to life as a squirrel as 19 new gTLDs get delegated

Kevin Murphy, December 29, 2013, Domain Registries

ICANN may be taking Christmas week off, but Verisign apparently isn’t — another 19 new gTLDs were delegated to the DNS root system last night.

Most belong to Donuts: .training, .builders, .coffee, .codes, .education, .florist, .farm, .glass, .house, .holiday, .international, .institute, .solar, .repair and .solutions.

United TLD, the Demand Media/Rightside business that is also providing Donuts’ back-end, had .ninja and .kaufen (German for “buy”) delegated.

PeopleBrowsr’s .ceo also went live, as did I-REGISTRY’s .onl (for “online”).

Donuts is already redirecting its latest batch of nic.[tld] domains to donuts.co.

The web site at nic.ninja currently shows this image as part of a placeholder page:

UPDATE: It occurs to me that this might actually be a prairie dog or something, rather than a squirrel.

ICANN cans “Spam King” registrar

Kevin Murphy, November 26, 2013, Domain Registrars

ICANN has terminated the registrar accreditation of Dynamic Dolphin, which it turned out was owned by self-professed “Spam King” Scott Richter.

The company has until December 20 to take down its ICANN logo and cease acting as a registrar.

ICANN, in its termination notice (pdf) late last week, said that it only became aware earlier this month that Richter was the 100% owner of Dynamic Dolphin.

Richter grew to fame a decade ago for being one of the world’s highest-profile spammers. He was sued for spamming by Microsoft and Myspace and was featured on the popular TV program The Daily Show.

As well as being a thoroughly unpleasant chap, he has a 2003 conviction for grand larceny, which should disqualify him from being the director of an ICANN-accredited registrar.

He removed himself as an officer on October 9 in response to ICANN’s persistent inquiries, according to ICANN’s compliance notice.

But he was much too late. ICANN has terminated the accreditation due to the “material misrepresentation, material inaccuracy, or materially misleading statement in its application”.

The question now has to be asked: why didn’t ICANN get to this sooner? In fact, why was Dynamic Dolphin allowed to get an accreditation in the first place?

Former Washington Post security reporter Brian Krebs has been all over this story for five years.

Back in 2008, with a little help from anti-spam outfit KnujOn, he outed Richter’s links to Dynamic Dolphin when it was just a Directi reseller.

Yesterday, Krebs wrote a piece on his blog going into a lot of the background.

Another question now is: which registrar is going to risk taking over Dynamic Dolphin’s registrations?

As of the last registry reports, Dynamic Dolphin had fewer than 25,000 gTLD domains under management.

According to ICANN’s termination notice, 13,280 of these use the company’s in-house privacy service, and 9,933 of those belong to just three individuals.

According to DomainTools, “Dynamic Dolphin Inc” is listed as the registrant for about 23,000 names.

According to KnujOn’s research and Krebs’s reporting, the registrar was once among the most spam-friendly on the market.

Seven more Donuts gTLDs delegated

Kevin Murphy, November 19, 2013, Domain Registries

Donuts had seven new gTLDs added to the DNS root zone today.

The strings are: .diamonds, .tips, .photography, .directory, .kitchen, .enterprises and .today.

The nic.tld domains in each are already resolving, redirecting users to Donuts’ official site at donuts.co.

There are now 31 live new gTLDs, 26 of which belong to Donuts subsidiaries.

Donuts wins three new gTLD auctions

Kevin Murphy, October 24, 2013, Domain Registries

Donuts has added .lawyer, .fish and .discount to its portfolio of new gTLDs, having won private auctions against its competitors for the strings this week.

It beat Top Level Domain Holdings for .lawyer and WhatBox for .fish and .discount, according to a blog post from Innovative Auctions, which managed the auction.

The winning bids were, as usual, not disclosed. The losing bidders receive most of the cash the winning bidder was willing to pay.

The three auctions were part of a surprisingly small batch that included .website, where Radix beat TLDH yesterday. Innovative says it has settled 18 contention sets to date.

The gTLD strings .discount and .lawyer are still subject to Governmental Advisory Committee “Category 1” advice, meaning the GAC wants them to be regulated for consumer protection reasons.

Directi’s Radix wins .website gTLD auction

Kevin Murphy, October 23, 2013, Domain Registries

Directi-affiliated TLD registry Radix, has won the private auction for the .website gTLD, according to Radix.

The company beat rival portfolio applicants Donuts and Top Level Domain Holdings to the string, in an auction that was managed by Innovative Auctions, likely one of several going on this week.

There’s no outstanding Governmental Advisory Committee advice or objections to the Radix application, so its path to contracting and eventual delegation should be relatively uncontroversial now.

The price was undisclosed, Innovative’s standard terms.

Directi is in the process of being acquired by Endurance International, owner of Domain.com, which promised Radix up to $62 million to help with its gTLD auctions.

Domain.com owner files for $400m IPO, to spend $110m buying Directi

Kevin Murphy, September 10, 2013, Domain Registrars

Endurance International, owner of Domain.com and HostGator, plans to raise up to $400 million in a Nasdaq IPO, and said it will spend up to $110 million of that buying Directi, India’s largest domain registrar.

As part of the proposed acquisition, Endurance has also agreed to bankroll Directi’s new gTLD auctions to the tune of $62 million.

The acquisition is not final, and appears to depend on a number of targets related to the IPO and Directi’s revenue performance. Endurance’s S-1 filing with the US Securities and Exchange Commission reads:

In August 2013, we entered into a master share purchase agreement to acquire all of the outstanding capital stock of Directi from Directi Holdings, the seller, for an amount we estimate will be between $100 million and $110 million in cash or, at the election of the seller, a combination of cash and shares of our common stock, subject to the satisfaction or waiver of specified customary closing conditions and the achievement of specified financial targets.

The acquisition would close in the fourth quarter this year.

As well as running a top-ten registrar (and a few dozen others), Directi subsdiary Radix Registry has 29 active new gTLD applications, 26 of which are contested.

Endurance proposes to help Radix win these contention sets. On new gTLD auctions, the S-1 says:

in connection with our proposed acquisition of Directi, we entered into agreements with entities affiliated with Directi Holdings related to participation in the auction of new top level domain extensions and domain monetization activities, pursuant to which, among other things, we may be obligated to make aggregate cash payments of up to a maximum of approximately $62 million, subject to specified terms, conditions and operational contingencies.

Endurance is a complicated company. Its most familiar brands include Domain.com, iPage, FatCow, Homestead, Bluehost, HostGator, A Small Orange, iPower and Dotster.

But since December 2011 it has been controlled and majority owned by Warburg Pincus and Goldman Sachs, which paid a reported $975 million.

Its annual revenue for the last three calendar years has been $87.8 million, $190.3 million and $292.2 million. It’s currently not profitable, recording a net loss of $139.2 million in 2012.

It has seven million domains under management and had 3.4 million customers at the end of June 2013.

Judging by the S-1, the company has over a billion dollars of debt. Directi acquisition excluded, most of its IPO proceeds would go towards paying off some of that debt.

Name collisions comments call for more gTLD delay

Kevin Murphy, August 29, 2013, Domain Registries

The first tranche of responses to Interisle Consulting’s study into the security risks of new gTLDs, and ICANN’s proposal to delay a few hundred strings pending more study, is in.

Comments filed with ICANN before the public comment deadline yesterday fall basically into two camps:

  • Non-applicants (mostly) urging ICANN to proceed with extreme caution. Many are asking for more time to study their own networks so they can get a better handle on their own risk profiles.
  • Applicants shooting holes in Interisle’s study and ICANN’s remeditation plan. They want ICANN to reclassify everything except .home and .corp as low risk, removing delays to delegation and go-live.

They were responding to ICANN’s decision to delay 521 “uncalculated risk” new gTLD applications by three to six months while further research into the risk of name collisions — where a new gTLD could conflict with a TLD already used by internet users in a non-standard way — is carried out.

Proceed with caution

Many commenters stated that more time is needed to analyse the risks posed by name collisions, noting that Interisle studied primarily the volume of queries for non-existent domains, rather than looking deeply into the consequences of delegating colliding gTLDs.

That was a point raised by applicants too, but while applicants conclude that this lack of data should lead ICANN to lift the current delays, others believe that it means more delays are needed.

Two ICANN constituencies seem to generally agree with the findings of the Interisle report.

The Internet Service Providers and Connectivity Providers constituency asked for the public comment period be put on hold until further research is carried out, or for at least 60 days. It noted:

corporations, ISPs and connectivity providers may bear the brunt of the security and customer-experience issues resulting from adverse (as yet un-analyzed) impacts from name collision

these issues, due to their security and customer-experience aspects, fall outside the remit of people who normally participate in the ICANN process, requiring extensive wide-ranging briefings even in corporations that do participate actively in the ICANN process

The At-Large Advisory Committee concurred that the Interisle study does not currently provide enough information to fully gauge the risk of name collisions causing harm.

ALAC said it was “in general concurrence with the proposed risk mitigation actions for the three defined risk categories” anyway, adding:

ICANN must assure that such residual risk is not transferred to third parties such as current registry operators, new gTLD applicants, registrants, consumers and individual end users. In particular, the direct and indirect costs associated with proposed mitigation actions should not have to be borne by registrants, consumers and individual end users. The Board must err on the side of caution

Several individual stakeholders agreed with the ISPCP that they need more time to look at their own networks. The Association of Nation Advertisers said:

Our member companies are working diligently to determine if DNS Clash issues are present within their respective networks. However the ANA had to communicate these issues to hundreds of companies, after which these companies must generate new data to determine the potential service failures on their respective networks.

The ANA wants the public comment period extended until November 22 to give its members more time to gather data.

While the ANA can always be relied upon to ask for new gTLDs to be delayed, its request was echoed by others.

General Electric called for three types of additional research:

  • Additional studies of traffic beyond the initial DITL sample.
  • Information and analysis of “use cases” — particular types of queries and traffic — and the consequences of the failure of particular use cases to resolve as intended (particular use cases could have severe consequences even if they might occur infrequently — like hurricanes), and
  • Studies of the time and costs of mitigation.

GE said more time is needed for companies such as itself to conduct impact analyses on their own internal networks and asked ICANN to not delegate any gTLD until the risk is “fully understood”.

Verizon, Heinz and the American Insurers Association have asked for comment deadline extensions for the same reasons.

The Association of Competitive Technology (which has Verisign as a member) said:

ICANN should slow or temporarily suspend the process of delegating TLDs at risk of causing problems due to their frequency of appearance in queries to the root. While we appreciate the designation of .home and .corp as high risk, there are many other TLDs which will also have a significant destructive effect.

Numerically, there were far more comments criticizing ICANN’s mitigation proposal. All were filed by new gTLD applicants, whose interests are aligned, however.

Most of these comments, which are far more focused on the details and the data, target perceived deficiencies in Interisle’s report and ICANN’s response to it.

Several very good arguments are made.

The Svalbard problem

First, there is criticism of the cut-off point between “low risk” and “uncalculated risk” strings, which some applicants say is “arbitrary”.

That’s mostly true.

ICANN basically took the list of applied-for strings, ordered by the frequency Interisle found they generate NXDOMAIN responses at the root, and drew a line across it at the 49,842 queries mark.

That’s because 49,842 queries is what .sj, the least-frequently-queried real TLD, received over the same period

If your string, despite not yet existing as a gTLD, already gets more traffic than .sj, it’s classed as “uncalculated risk” and faces more delays, according to ICANN’s plan.

As Directi said in its comments:

The result of this arbitrary selection is that .bio (Rank 281) with 50,000 queries (rounded to the nearest thousand) is part of the “uncategorized risk” list, and is delayed by 3 to 6 months, whereas .engineering (Rank 282) with 49,000 queries (rounded to the nearest thousand) is part of the “low risk” list, and can proceed without any significant delays.

What neither ICANN nor Interisle explained is why this is an appropriate place to draw a line in the sand.

This graphic from DotCLUB Domains illustrates the scale of the problem nicely:

.sj is the ccTLD for Svalbard, a Norwegian territory in the Arctic Circle with fewer than 3,000 inhabitants. The TLD is administered by .no registry Norid, but it’s not possible to register domains there.

Does having more traffic than .sj mean a gTLD is automatically more risky? Does having less mean a gTLD is safe? The ICANN proposal assumes “yes” to both questions, but it doesn’t explain why.

Many applicants say that having more traffic than existing gTLDs does not automatically mean your gTLD poses a risk.

They pointed to Verisign data from 2006, which shows that gTLDs such as .xxx and .asia were already receiving large amounts of traffic prior to their delegation. When they were delegated, the sky did not fall. Indeed, there were no reports of significant security and stability problems.

The New gTLD Applicants Group said:

In fact, the least “dangerous” current gTLD on the chart, .sx, had 331 queries per million in 2006. This is a higher density of NXDOMAIN queries than all but five proposed new TLDs. 4 Again, .sx was launched successfully in 2012 with none of the problems predicted in these reports.

These successful delegations alone demonstrate that there is no need to delay any more than the two most risky strings.

Donuts said:

There is no factual basis in the study recommending halting delegation process of 20% of applied-for strings. As the paper itself says, “The Study did not find enough information to properly classify these strings given the short timeline.” Without evidence of actual harm, the TLDs should proceed to delegation. Such was the case with other TLDs such as .XXX and .ASIA, which were delegated without delay and with no problems post-delegation.

Applicants also believe that the release in June 2012 of the list of all 1,930 applied-for strings may have skewed the data set that Interisle used in its study.

Uniregistry, for example, said:

The sole fact that queries are being received at the root level does not itself present a security risk, especially after the release to the public of the list of applied-for strings.

The argument seems to be that a lot of the NXDOMAIN traffic seen in 2013 is due to people and software querying applied-for TLDs to see if they’re live yet.

It’s quite a speculative argument, but it’s somewhat supported by the fact that many applied-for strings received more queries in 2013 than they did in the equivalent 2012 sampling.

Second-level domains

Some applicants pointed out that there may not be a correlation between the volume of traffic a string receives and the number of second-level domains being queried.

A string might get a bazillion queries for a single second-level domain name. If that domain name is reserved by the registry, the risk of a name collision might be completely eliminated.

The Interisle report did show that number of SLDs and the volume of traffic do not correlate.

For example, .hsbc is ranked 14th in terms of traffic volume but saw requests for just 2,000 domains, whereas .inc, which ranked 15th, saw requests for 73,000 domains.

Unfortunately, the Interisle report only published the SLD numbers for the top 35 strings by query volume, leaving most applicants none the wiser about the possible impact of their own strings.

And ICANN did not factor the number of SLDs into its decision about where to draw the line between “low” and “uncalculated” risk.

Conspiracy theories

Some applicants questioned whether the Interisle data itself was reliable, but I find these arguments poorly supported and largely speculative.

They propose that someone (meaning presumably Verisign, which stands to lose market share when new gTLDs go live, and which kicked off the name collisions debate in the first place) could have gamed the study by generating spurious requests for applied-for gTLDs during the period Interisle’s data was being captured.

Some applicants put forth this view, while other limited their comments to a request that future studies rely only on data collected before now, to avoid tampering at the point of collection in future.

NTAG said:

Query counts are very easily gamed by any Internet connected system, allowing for malicious actors to create the appearance of risk for any string that they may object to in the future. It would be very easy to create the impression of a widespread string collision problem with a home Internet connection and the abuse of the thousands of available open resolvers.

While this kind of mischief is a hypothetical possibility, nobody has supplied any evidence that Interisle’s data was manipulated by anyone.

Some people have privately pointed DI to the fact that Verisign made a substantial donation to the DNS-OARC — the group that collected the data that Interisle used in its study — in July.

The implication is that Verisign was somehow able to manipulate the data after it was captured by DNS-OARC.

I don’t buy this either. We’re talking about a highly complex 8TB data set that took Interisle’s computers a week to process on each pass. The data, under the OARC’s deal with the root server operators, is not allowed to leave its premises. It would not be easily manipulated.

Additionally, DNS-OARC is managed by Internet Systems Consortium — which runs the F-root and is Uniregistry’s back-end registry provider — from its own premises in California.

In short, in the absence of any evidence supporting this conspiracy theory, I find the idea that the Interisle data was hacked after it was collected highly improbable.

What next?

I’ve presented only a summary of some key points here. The full list of comments can be found here. The reply period for comments closes September 17.

Several ICANN constituencies that can usually be relied upon to comment on everything (registrars, intellectual property, business and non-commercial) have not yet commented.

Will ICANN extend the deadline? I suppose it depends on how cautious it wants to be, whether it believes the companies requesting the extension really are conducting their own internal collision studies, and how useful it thinks those studies will be.

URS is live today as .pw voluntarily adopts it

Kevin Murphy, July 29, 2013, Domain Policy

Directi has become the first TLD registry to start complying with the Uniform Rapid Suspension process for cybersquatting complaints.

From today, all .pw domain name registrations will be subject to the policy, which enables trademark owners to have domains suspended more quickly and cheaply than with UDRP.

URS was designed, and is obligatory, for all new gTLDs, but Directi decided to adopt the policy along with UDRP voluntarily, to help mitigate abuse in the ccTLD namespace.

URS requirements for gTLD registries have not yet been finalized, but this is moot as they don’t apply to .pw anyway.

To date, only two UDRP complaints have been filed over .pw domains.

The National Arbitration Forum will be handling URS complaints. Instructions for filing can be found here.

Six more LROs kicked out, most for “front-running”

Kevin Murphy, July 28, 2013, Domain Policy

Six more new gTLD Legal Rights Objections, six more rejected objections.

The World Intellectual Property Organization is chewing through its caseload of LROs at a regular pace now, made all the more easier by the fact that a body of precedent is being accumulated.

Objections rejected in decisions published last week cover the gTLDs .home, .song, .yellowpages, .gmbh and .cam.

All but one were thrown out, with slightly different panelist reasoning, because they had engaged in some measure of “front-running” — applying for a trademark just in order to protect a gTLD application.

Here’s a quick summary of each decision, starting with what looks to be the most interesting:

.yellowpages (hibu (UK) v. Telstra)

Last week somebody asked me on Twitter which LROs I thought might actually succeed. I replied:

Well, my initial hunch on .yellowpages was wrong, and I think I’m very likely to have been wrong about the other two also.

This case is interesting because it specifically addresses the issue of two matching trademarks happily living side-by-side in the trademark world but clashing horribly in the unique gTLD space.

The objector in this case, hibu, publishes the Yellow Pages phone book in the UK and has a big portfolio of trademarks and case law protecting its brand. If anyone has rights, it’s these guys.

But the “Yellow Pages” brand is used in several countries by several companies. In the US, there’s some case law suggesting that the term is now generic, but that’s not the case in the UK or Australia.

On the receiving end of the objection was the Australian telecoms firm Telstra, which is the publisher of the Aussie version of the Yellow Pages and, luckily for it, the only applicant for .yellowpages.

The British company argued that “no party should be entitled to register the Applied-for gTLD”, due to the potential for confusion between the same brand being owned by different companies in different countries.

The panel concluded that brands will clash in the new gTLD space, and that that’s okay:

It is inherent in the nature of the gTLD regime that those applicants who are granted gTLDs will have first-level power extending throughout the Internet and across jurisdictions. The prospect of coincidence of brand names and a likelihood of confusion exists.

The critical issue in this LRO proceeding is whether the Objector’s territorial rights in the term “YELLOW PAGES” (and the prospect of other non-objecting third parties’ territorial right) means that the applicant (or anyone else for that matter) should not be entitled to the Applied-for gTLD.

The panelist uses the eight-criteria test in the Applicant Guidebook to make his decision, but he chose to highlight two words:

the Panel finds that the Objector has failed to establish, as it alleges, that the potential use of the Applied-for gTLD by the applicant… unjustifiably impairs the distinctive character or the reputation of the objector’s mark… or creates an impermissible likelihood of confusion between the applied for gTLD and the Objector’s mark.

Because Telstra has rights to “Yellow Pages” too, and because it’s promising to respect trademark rights at the second level, the panelist concluded that its application should be allowed to proceed.

It’s the third instance of a clash between rights holders in the LRO process and the third time that the WIPO panelist has adopted a laissez faire approach to new gTLDs.

And as I’ve said twice before, if this type of decision becomes the norm — and I think it will — we’re likely to see many more defensive applications for brand names in future new gTLD rounds.

The LRO is not shaping up to be an alternative to applying for a gTLD as a means to defend a legitimate brand. Applying for a gTLD matching your trademark and then fighting through the application process may turn out to be the only way to make sure nobody else gets that gTLD.

.cam (AC Webconnecting Holding v. United TLD Holdco)

Both sides of this case are applicants for .cam. United TLD is a Demand Media subsidiary while AC Webconnecting is a Netherlands-based operator of several webcam-based porn sites.

Like so many other applicants, AC Webconnecting applied for its European trademark registration for “.cam” and a matching logo in December 2011, just before the ICANN application window opened.

The panelist decided that its trademark was acquired in a bona fide fashion, he also decided that the company had not had enough time to build up a “distinctive character” or “reputation” of its marks.

That meant the Demand Media application could not be said to take “unfair advantage” of the marks. The panelist wrote:

Given the relatively short existence of these trademarks, it is unlikely that either [trademark] has developed a reputation.

In the Panel’s opinion, replication of a trademark does not, of itself, amount to taking unfair advantage of the trademark – something more is required.

the Panel considers that this something more in the present context needs to be along the lines of an act that has a commercial effect on a trademark which is undertaken in bad faith – such as free riding on the goodwill of the trademark, for commercial benefit, in a manner that is contrary to honest commercial practices.

What we’re seeing here is another example of a trademark front-runner losing, and of a panelist indicating that applicants need some kind of bad faith in order to lose and LRO.

.home (Defender Security Company v. DotHome Inc.)

Kicked out for the same reasons as the other Defender objections to rival .home — it was a transparent gaming attempt based on a flimsy, recently acquired trademark. See here and here.

DotHome Inc is the subsidiary Directi/Radix is using to apply for .home.

The decision (pdf) goes into a bit more detail than the other .home decisions we’ve seen to date, including information about how much Defender paid to acquire its trademarks ($75,000) and how many domains its bogus Go Daddy reseller site has sold (three).

.home (Defender Security Company v. Baxter Pike)

Ditto. This time the applicant was a Donuts subsidiary.

.song (DotMusic Limited v. Amazon)

Like the failed .home objections, the .song objection was based on a trademark acquired tactically in late 2012 by Constantine Roussos, whose company, CGR E-Commerce, is applying for .music.

This objection failed (pdf) for the same reasons as the same company’s objection to Amazon’s .tunes application failed last week — a trademark for “.SONG” is simply too generic and descriptive to give DotMusic exclusive rights to the matching gTLD.

Roussos has also filed seven LROs against his competitors for .music, none of which have yet been decided.

.gmbh (TLDDOT GmbH v. InterNetWire Web-Development)

Both objector and respondent here are applicants for .gmbh, which indicates limited liability companies in German-speaking countries.

TLDDOT registered its European trademark in “.gmbh” a few years ago.

Despite the fact that it was obviously acquired purely in order to secure the matching gTLD, the panelist in this case ruled that it was bona fide.

Despite this, the panelist concluded that for InternetWire to operate .gmbh in the generic, dictionary-word sense outlined in its application would not infringe these trademark rights.