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Two new gTLD confusion decisions thrown out

Kevin Murphy, October 15, 2014, Domain Policy

ICANN has reopened the contention sets for .cam and .通販 after deciding that two String Confusion Objection panels may have been wrong to reject certain applications.

Two rulings — that .cam is confusingly similar to .com and that .通販 is confusingly similar to .shop (really) — will now head to an appeals panel for a “final” determination.

The decision was made by the ICANN board’s New gTLD Program Committee this week at the ICANN 51 public meeting in Los Angeles.

The first case being reopened for scrutiny is Verisign versus Rightside, where the original SCO panel found that .cam and .com were too similar to coexist on the internet.

But a different panelist found that the two strings were not confusingly similar in objections filed by Verisign against two other applicants — Dot Agency and AC Webconnecting.

The opposing rulings meant that Rightside’s application would have been kicked out of the .cam contention set, which hardly seems fair.

This and many other “perceived inconsistencies” led to the ICANN board being pressured to come up with some kind of appeals process, which it agreed to do in February.

Verisign, unfairly in my view, was not given the opportunity to appeal the two .cam decisions that went against it, even though they were made by the same panelist for the same reasons.

The second, altogether more peculiar, case was .shop applicant Commercial Connect versus .通販 applicant Amazon.

The panelist in that case seemed to have checked his brain at the door that day, concluding that the two strings are confusingly similar simply because 通販 means “online shopping” in Japanese.

Another panelist, in a different case also involving Commercial Connect, had found that .购物 (Chinese for “shopping”) was not confusingly similar to .shop because duh.

ICANN’s NGPC has now decided that the two controversial decisions are “not being in the best interest of the New gTLD Program and the Internet community”.

Both .cam and .通販 will now be referred to a three-person panel at the International Center for Dispute Resolution, the same body that processed the original objections, for a final determination.

.now and .realestate will be restricted, but Donuts keeps .tires open

Kevin Murphy, October 7, 2014, Domain Registries

It was a battle between open and restricted registration rules this week, as three more new gTLD contention sets were resolved between applicants with opposing policies.

Donuts won .tires (open), Amazon won .now (closed) and the National Association of Realtors won .realestate (restricted).

Donuts beat Goodyear and Bridgestone — two of the biggest tire companies in the world — to .tires. Both withdrew their respective applications over the last week.

If it was an auction it was not conducted via the usual new gTLD auction houses. It seems like Donuts settled the contention privately (or maybe just got lucky).

Both tire companies had proposed single-registrant closed generic spaces. Donuts, of course, has not.

Goodyear has active dot-brand applications for .goodyear and .dunlop remaining. Bridgestone has active applications for .bridgestone and .firestone, also dot-brands.

Amazon, meanwhile, won the .now contention set over five other applicants — Starbucks HK, XYZ.com, One.com, Global Top Level and Donuts, which have all withdrawn their bids.

Amazon’s application for .now envisages a closed registry in which all the second-level domains belong to the company’s intellectual property department.

Also this week, the NAR, which already has the dot-brand .realtor under its belt, beat Donuts, Minds + Machines and Uniregistry to the complementary generic .realestate.

Unfortunately for estate agents worldwide, the NAR plans a tightly restricted .realestate zone, in which only its own members will at first be able to register, according to its application.

The application does seem to envisage a time when others will be permitted to register, however.

The organization said in a press release this week that .realestate will be more open than .realtor, but that full policies will not be released until next year.

Donuts snatches four new gTLDs at auction, beating Amazon to .video

Kevin Murphy, September 23, 2014, Domain Registries

Donuts has emerged the victor from four new gTLD auctions this week, getting its hands on .money, .video, .sale and .legal.

Notably, Uniregistry, Minds + Machines and Amazon have withdrawn from the .video race, leaving Donuts the winner.

.video was one of the gTLDs Amazon had originally applied for as a “closed generic” that it intended to keep for itself and its affiliates. Now, it will be an open generic under Donuts.

Donuts also won .sale against Uniregistry, Dot-Sale and Famous Four.

Minds + Machines withdrew its .sale application in April 2013, before even Initial Evaluation.

Colombian applicant Primer Nivel, affiliated with My.co, withdrew its application for .legal, leaving Donuts the only remaining bidder, while Famous Four dropped out of the two-horse race for .money.

Meanwhile, dotCOOL has pulled its bid for .memorial, leaving applications from Afilias and Donuts still active. Presumably, one of these will withdraw later in the week.

As usual, winning bids have not been revealed.

Second last-resort gTLD auction raises $14.3m

Kevin Murphy, September 18, 2014, Domain Registries

ICANN has raised $14.3 million auctioning off three new gTLDs — .buy, .tech and .vip.

It was the second batch of “last resort” auctions, managed by ICANN and Power Auctions, in which the winning bids are placed in a special ICANN fund.

Notably, while Google participated in all three auctions, it failed to win any, setting a reassuring precedent for any smaller applicants that are set to face the deep-pocketed giant in future auctions.

.tech was the biggest-seller, fetching $6,760,000 after nine rounds of bidding.

The winner was Dot Tech LLC, which beat Google, Minds + Machines, Donuts, NU DOT CO, and Uniregistry.

.buy went to Amazon for $4,588,888, beating Google, Donuts and Famous Four Media. The bidding lasted seven rounds.

Finally, .vip sold to Minds + Machines for $3,000,888 after Google, Donuts, I-Registry and VIP Registry dropped out.

The prices are in the same ball-park as we’ve inferred from previous, private auctions managed by Applicant Auction (a company affiliated with Power Auctions).

That’s notable because the first last resort auction, for .信息, fetched just $600,000 when it sold to Amazon back in June.

As far as we can tell, last-resort auctions do not necessarily keep prices low, even though the losing bidders in this week’s auctions will have walked away empty-handed.

In private auctions, losers leave holding a share of the winner’s bid.

This week, most of the $14.3 million raised will go into a special ICANN fund.

Akram Atallah, president of ICANN’s Global Domains Division said in a statement:

The proceeds from these Auctions will be separated and reserved until the Board determines a plan for the appropriate use of the funds through consultation with the community. We continue to encourage parties to reach agreements amongst themselves to resolve contention.

The ICANN community has been chatting about possible uses for auction funds for years.

Ideas such as subsidizing new gTLD applicants from poorer nations in future rounds and investing in internet infrastructure in the developing world have been floated.

After $1bn deal, Amazon registers Twitch domains in three gTLDs. Can you guess which three?

Kevin Murphy, August 27, 2014, Domain Registries

Amazon has paid almost a billion dollars for the gaming community Twitch and immediately set about defensively registering some domain names.

amazontwitch.com, amazontwitch.net, and amazontwitch.org were all registered via MarkMonitor on Monday, coinciding with the announcement of the acquisition.

The company even registered twitchamazon.com, but not the corresponding .net and .org.

But Amazon, a major new gTLD applicant itself, does not appear to have registered the string in any new gTLDs, despite being one of the most prolific defensive registrants.

The company owns the string “fire” in scores of new gTLDs and appears to have blanket-registered “prime” and “kindle” in pretty much every new gTLD sunrise to date.

Twitch, pre-acquisition, doesn’t seem to have involved itself in new gTLDs at all, though the string “twitch” has been registered in several.

Bad news for the owners of these domains?