Whacky lawsuit targets ICANN, eNom, CentralNic, NetSol, Verisign

ICANN and several domain name companies have been slapped with a bizarre, virtually incomprehensible anti-cybersquattng lawsuit in Virginia.
Canadian Graham Schreiber, registrant of landcruise.com, has beef primarily with CentralNic — the UK-based company that sells third-levels domains under us.com, uk.com and the like — and one of its customers.
As far as I can tell, the complainant, who’s representing himself pro se, has issues with CentralNic’s entire business model. Here’s his complaint (pdf).
He discovered that a British individual named Lorraine Dunabin — who has a UK trademark on the word Landcruise — had registered both landcruise.co.uk and landcruise.uk.com.
Having failed to take the .co.uk using Nominet’s Dispute Resolution Service (repeatedly referred to in the complaint as UDRP), Schreiber has instead filed this lawsuit to accuse Dunabin of “Dilution, Infringement [and] Passing off” by registering the .uk.com.
CentralNic is named because it owns .uk.com and various other geographic pseudo-gTLDs, which Schreiber says “dilute the integrity of .com” and amount to a “shakedown”.
Verisign is named as a contributory infringer because it runs .com. Network Solutions and eNom are named because they manage uk.com and landcruise.uk.com respectively as registrars.
ICANN is named because… I don’t know. I think it’s because all of the other companies are ICANN contractors.
ICANN, which has a web page for the litigation here, has already filed a motion to dismiss (pdf).
Schreiber is seeking monetary damages from all of the defendants, most of which he wants donated to the Rotary Club.

ICANNWiki boss applies for 10 gTLDs

A new company run by ICANNWiki founder Raymond King and business partner Peter Brual has applied to ICANN for 10 new generic top level domains.
Top Level Design has applied for: .blog, .llc, .group, .wiki, .gay, .art, .style, .design, .ink, and .photography.
The company is entering contention sets on most of those, but I believe it’s the first .wiki bid announced to date.
It’s also the only portfolio player so far to announce that it’s using CentralNIC, best known for pseudo-gTLDs such as uk.com, as its back-end registry provider.
The company said the venture “will not interfere with the presentation or neutrality of ICANNWiki.com”.

Paul Goldstone puts co.com up for sale

The domain name co.com has been put up for sale by domain investor Paul Goldstone.
The domain, which received 4.5 million unique visitors and 14 million page views in 2011, will be brokered jointly by DomainAdvisors and SellDomains.com, according to a press release.
I can immediately think of two companies that should be interested.
It might be a very smart move for .CO Internet, the .co registry, to buy the name and wildcard the third level in order to capture .co typo traffic.
It’s also exactly the kind of address CentralNic – which sells third-level names under domains such as us.org and uk.com – likes to use as a pseudo-gTLD.
If these two and others get into a bidding war, Goldstone could wind up making a packet.
DomainAdvisors CEO Tessa Holcomb said she expects the domain to fetch a “multi seven-figure” price.

CentralNic working with .mls new gTLD bidder

MLS Domains has contracted with CentralNic to provide the back-end registry for its .mls new top-level domain application, which it expects to be contested.
MLS in this context stands for Multiple Listing Service, a form of real estate listing aggregation service common in the US.
MLS Domains is already selling .mls preregistrations, at $800 a pop, to qualifying MLS companies, which will partially fund its application.
Company president Bob Bemis said in a press release that CentralNic was selected due to its experience with “novel TLDs”:

we expect no more than two or three thousand second-level domains ever to be registered on .MLS, so we need a registry partner who can provide a high level of service for a relatively small market of customers.

CentralNic sells sub-domains in alternative suffixes such as uk.com, gb.com and us.org. It manages these domains as if they were regular gTLDs, offering a Whois service, UDRP, etc.
The registry will also provide an integrated, affiliated registrar for the .mls project, MLS Domains said.
That’s if the company’s application is successful, of course.
.mls is expected to be contested by the Chinese owner of mls.com – Nanning Billin Network Ltd has applied for a US trademark on the gTLD.

Third-level casino.uk.com sells for $4,000

The third-level domain name casino.uk.com has been sold via Sedo for $4,000.
The uk.com namespace is not an official public domain extension – uk.com is one of several regular .com domains managed as alternative TLDs by CentralNic.
While .uk.com domains do occasionally pop up in search engine results, and are even used by brands such as Avon, it’s unusual to see one sell on the aftermarket.
The only other notable sale in the DI database of over 60,000 publicly reported transactions is restaurants.uk.com, which was bought for $1,650 last year.
Casino.com was one of the most expensive domains of all time, fetching $5.5 million in 2003.

Paris.hilton? CentralNic pitches gTLDs at super-rich

Just when you thought you’d seen everything, CentralNic is angling for the wallets of the “ultra-wealthy” with its new pitch for .familyname top-level domains.
The alternative TLD registry today launched dotFamilyName, a companion to its dotBrandSolutions site designed to give “prominent families” an “online legacy” in the form of a new gTLD.
Think .hilton, .kennedy, .rockefeller.
If own a squadron of private jets, if you’re a card-carrying member of the Illuminati, if you have your own parking spot outside the Bilderberg Club, then CentralNic wants to hear from you.
The company is basically proposing to apply to ICANN for and manage a .familyname gTLD on behalf of the more-money-than-taste crowd for a start-up fee of about $500,000.
Here’s the pitch from the press release:

Your dotFamilyName TLD can be used in a variety of ways:
1) To create a network of private family websites – a discreet, centralized destination for use by family members containing classified content and images.
2) To create an authenticated source of family information for public consumption.
3) To establish a legacy for generations to come, ensuring that the bond between generations will be kept alive.
4) To ensure that you remain amongst a privileged few in owning a personalized TLD on the World Wide Web.
5) To maintain control over your official web presence, acting as a state of the art security system for your personal reputation.
6) To ensure that, among the families sharing your name, your family controls it.

A commenter on one of my articles for The Register recently joked that new gTLDs could create confusion between hilton.paris, the hotel, and paris.hilton, the heiress.
But it’s not April 1, so I guess this is for real.
ICANN has a ban on individuals applying for new gTLDs, but there’s no particular prohibition on personal-use extensions, as long as they have a corporate entity behind them.
Could it work?

It’s official: London to seek .london gTLD

The official promotional agency for the city of London has formally declared its interest in applying to ICANN for a .london generic top-level domain.
I reported the story for The Register yesterday, and the official press release was sent out this afternoon, but it appears that I was misinformed about the issuance of a Request for Proposals.
According to London & Partners, at the moment it is only analyzing the potential costs and benefits, as well as consulting with local stakeholders.
The agency said in its press release:

In addition to enhancing the promotion of the capital, London & Partners is investigating what opportunities the ownership of the gTLD licence could bring in terms of harnessing commercial revenue streams and new job creation, whilst ensuring value for money.

It’s been backed by the office of Boris Johnson, the Mayor of London.
Two UK registries, Nominet and CentralNic, have already thrown their hats in the ring as likely bidders if and when an RFP is released.

Breaking: CentralNic regains control of gb.com

CentralNic has taken back control of gb.com, which was seized without warning by the company’s founder at the weekend.
The domain gb.com now resolves to CentralNic’s site, and the company has posted the following message:

The CentralNic service for domains ending in .gb.com has been fully restored. We apologize for any inconvenience – the interruption was effected without any warning by a third party, and was therefore out of our control.

The pseudo-TLD service, which serves primarily UK small businesses that couldn’t get the .co.uk they wanted, went down on Saturday, leaving registrants confused and angry.
I’ve reached out to CentralNic for comment and will update when I have more information.

Fight over gb.com claims thousands of victims

Thousands of companies that use the pseudo-top-level-domain .gb.com have gone offline due to a legal fight between the registry and its founder.
CentralNIC sells third-level gb.com domains as a “Great Britain” alternative to .co.uk. A Google search reveals a great many small businesses use the extension for their web sites.
They’re all out of luck today. Anybody attempting to access any .gb.com domain is now welcomed by a placeholder page, which states:

You may be here because you have been sold a domain or email service using the gb.com domain that has ceased to work.
You can restore that service swiftly by registering with GB.COM Ltd.
GB.COM Ltd will not provide a service that you have paid others for, unless they have an arrangement with GB.COM Ltd.
If you have already paid for future service and it has ceased then you should contact your supplier.

GB.com appears to be owned by Stephen Dyer, who founded CentralNIC in 2000, but left the company following a buyout several years ago.
“This interruption relates to a longstanding legal dispute regarding the domain name gb.com, dating back to when the current shareholders acquired the business in 2004,” CentralNIC said.
Historical Whois records show that the email address associated with gb.com switched from CentralNIC to a webmail account at some point in September that year.
It’s currently registered to steve@enovi.com, which appears to be a Dyer-owned domain.
CentralNIC evidently has been selling domains under an extension it was not in control of for the last seven years, and now whatever leasing agreement it had arranged has broken down.
The company said: “We are currently taking legal advice about this and will be taking urgent steps to restore the service, but we cannot achieve that instantly.”
Until a solution can be found, it recommends that affected registrants sign up with GB.com to (hopefully) quickly restore DNS service to their sites.
However, the new GB.com site is so painfully amateurish that some customers seem to have mistaken it for a phishing attack.
I have some additional advice – after your gb.com domain is resolving again, register a new domain in a proper TLD (.uk, .com) and redirect all your traffic to it until your users know where to find you.
Then cancel the gb.com domain.
GB.com Ltd has already demonstrated pretty comprehensively that it doesn’t give a damn about your business, so I think you’ll agree it doesn’t deserve your money.
There are ways to go about a registry transition seamlessly, and this most certainly is not one of them.
Quite how GB.com hopes to match newly signed-up customers with the true previous registrants is not entirely clear – there’s potential for abuse unless it has full access to CentralNIC’s thick Whois.
Also worth pondering — where’s all the email to .gb.com domains going?
While this is a commercial dispute, rather than a technical stability problem, it still Looks Bad for CentralNIC, which recently has been heavily marketing itself as a “.brand” back-end provider.
It shouldn’t harm the company’s ability to pass an ICANN technical evaluation, but it may give potential clients pause for thought.
Of the 20 pseudo-TLDs listed on CentralNIC’s site, at least three others – us.com, us.org and gr.com – appear to be registered in the names of third parties, according to Whois records.
There’s no reason to believe these domains are in any immediate danger, however. They don’t appear to have any connection to GB.com or Dyer.
CentralNIC said: “We can confirm, with absolute certainty, that no other CentralNic domain extensions are subject to any such disputes.”
That will come as little comfort to the thousands of small businesses that find themselves offline today.
One such customer has set up a LinkedIn group to discuss the situation, and Twitter traffic from customers seems to be increasing as British users wake up to the news.
UPDATE: It seems that Stephen Dyer has form.
He was also director of Snappy Designs Ltd, owner of the photo-hosting site Fotopic.net, which went into liquidation earlier this year, leaving thousands of photographers stranded.
Amateur Photographer reported in March that potentially millions of images could have been lost due to the business’s failure.
The site currently says the images are safe. Users do not have access to them, however.
(spotted by @whois_search)

CentralNIC says .la business as usual

CentralNIC, which manages .la as a “city top-level domain” for Los Angeles, says recent moves to “reclaim” the domain for Laos will not affect its offerings.
As I blogged Friday, Laos has recruited Vietnamese experts to help LANIC, the delegated sponsor of .la, bring the registry back to the nation.
According to a press release from Vietnamese registrar Dot VN, LANIC wants to “retrieve and manage the Laotian country code Top Level Domain (ccTLD) .LA”.
But UK-based CentralNIC, which currently manages the registry, seems to disagree with the extent of the transition. A company spokesperson provided this statement:

We saw this [Dot VN] press release and understand it relates to work in the Lao PDR with LANIC assisting them on their Lao IDN and the development of a server in Laos for the release of the second level domain extensions, such as .com.la, .edu.la, .gov.la – which are reserved specifically by LANIC to serve the Lao people.
LA Registry works under a mandate from LANIC to develop the .LA address outside the Lao PDR and will continue to do so.

The Dot VN press release does not refer to Laotian IDNs or third-level domains. Nor does any coverage I’ve found elsewhere. Dot VN did not respond to a request for comment.
According to this presentation (pdf), LANIC was planning “to move the ccTLD dot la primary server and registry data base to Lao PDR” as recently as last June.