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ICANN: about 274 new gTLD objections filed

Kevin Murphy, March 27, 2013, Domain Policy

There have been roughly 274 formal objections against new gTLD applications, ICANN said last night.

During a webinar with applicants, new gTLD program manager Christine Willet broke down the numbers. There have been:

  • 67 String Confusion Objections — these are of the “your TLD looks like my TLD” variety.
  • 71 Legal Rights Objections — “Your TLD looks like my trademark”
  • 23 Limited Public Interest Objections — “Your TLD infringes human rights”
  • 113 Community Objections — “Your TLD screws over my community”

Willett stressed that the numbers are based on ICANN’s non-comprehensive insight and subject to a couple of caveats.

The number could be higher if ICANN was not copied in on some objections sent to arbitration panels, or lower if the panels throw some out for not passing baseline administrative checks.

Judging by the small number of objections to be revealed by the World Intellectual Property Organization — which is handling trademark disputes for ICANN — most LROs so far are applicant versus applicant.

The International Chamber of Commerce has not yet published any information about Community Objections or Limited Public Interest Objections.

The International Center for Dispute Resolution has only revealed one String Confusion Objection so far, which we reported on a couple weeks ago.

ALAC likely to object to five .health gTLDs

Kevin Murphy, February 18, 2013, Domain Policy

ICANN’s At-Large Advisory Committee is planning to formally object to four applications for the .health gTLD and one for .健康, which means “.healthy” in Chinese.

Bids backed by Afilias, Donuts, Famous Four Media and Straat Investments (the investment vehicle of .CO Internet CEO Juan Diego Calle), as well as China’s StableTone, are affected.

Dev Anand Teelucksingh, chair of the ALAC’s new gTLD review group, posted the following to an ALAC mailing list this weekend:

Objection statements on community grounds will be drafted for the applications for .health given that the four tests for community objection grounds were passed. The gTLD RG will attempt to put together the objection statements to the applications for .health in time for RALO [Regional At-Large Organization] review around 22 February 2013.

The ALAC is able to file objections to new gTLD bids, using funds provided by ICANN, on only the Community or Limited Public Interest grounds.

Of the four strings before it (.health, .nyc, .patagonia and .amazon) the ALAC review group decided that only a Community objection against .health met its criteria.

These are the only confirmed ALAC objections to date.

The ALAC had received a request to object from the International Medical Informatics Association, which said:

These five proposals are seen as problematic by the global health community for the following reasons:

  • None of the applicants demonstrates that the name will be operated in the public interest.
  • None of the applicants demonstrates adequate consumer protection mechanisms.
  • All of the applicants are commercial in nature and none represent the health community.

Two governments — France and Mali — both expressed concerns about .health on similar grounds by filing Early Warnings last November.

ICANN’s deadline for filing objections is March 13.

Independent Objector launches web site

Kevin Murphy, October 26, 2012, Domain Registries

The new gTLD program’s Independent Objector has launched his own web site, independently from ICANN.

Alain Pellet is the French international law expert appointed in May to the IO role. The new web site also reveals that one Julien Boissise is assisting him.

The IO’s job is to file Community Objections and Limited Public Interest Objections against new gTLD applications, should the need arise.

In practice, I’d be very surprised to see any of the latter filed during the current application round, but I’d expect to see several Community Objections.

Pellet will file his objections before January 13, according to the web site. That’s the current objection-filing deadline, which ICANN plans to extend to March 13.

Congressmen say new gTLDs need more comments

Kevin Murphy, August 8, 2012, Domain Policy

Senior members of the US Congress have asked ICANN to prove that it’s giving the internet community enough opportunity to comment on its 1,930 new gTLD applications.

A letter from the chairs and ranking members of the House and Senate judiciary committees sent to ICANN yesterday basically implies rather heavily that, again, ICANN’s new gTLD program outreach sucks.

Sens. Leahy and Grassley, and Reps. Smith and Conyers write:

many members of the public outside the ICANN community are unaware that the New gTLD program is underway. Of those who are aware, few know about the public comment process or comprehend that their opportunity to participate in this forum is scheduled to end in less than a week.

Probably not coincidentally, the letter comes soon after requests for more time to comment from the Association of National Advertisers and the Intellectual Property Constituency.

The IPC wants another 30-45 days added to the comment period, which is currently set to close — at least for comments that will be forwarded to evaluators — this Sunday.

The Leahy letter highlights the need for comment on “potentially sensitive names like ‘.church’, ‘.kids’, and ‘.sucks'”, which should be a cause for concern for at least seven gTLD applicants.

Given who’s pulling the strings here, it’s not surprising that the letter also highlights the demands from IP interests for stronger rights protection mechanisms, such as a permanent Trademark Clearinghouse service.

They write:

ICANN’s current policy only requires the Clearinghouse to be available for the first 60 days after a registry launches. Moreover, the Clearinghouse will only give notice when someone registers a website that is identical to a trademark; not when the website contains the trademark in a varied form.

As an example, this means that a nonprofit such as the YMCA will receive notice only if a user registers a website such as www.yrnca.give or www.ymca.charity within the first 60 days of the “.give” or” .charity” registry. The YMCA would not receive notice if a person registers those names after 60 days, or if someone registers a closely related name such as www.ymcaDC.charity.

(To which I add, as an aside: and what if Intel wants to register www.buymcafee.shop?)

I think the Congressmen/ANA/IPC have a point, anyway, at least about the lack of commenting from people outside the tightly knit ICANN community.

A lot of data was released on Reveal Day, and much more has been released since.

There are 1,930 new gTLD applications.

The public portions weigh in at almost 400 MB in HTML format and generally run to between 15,000 and 50,000 words apiece.

The 20,000 published application attachments (which MD5 hashing reveals comprise close to 3,000 unique files) are currently taking up about 6 GB of space on the DI PRO server (where subscribers can cross-reference them to see which files show up in which applications).

It’s a lot to read.

That must be at least part of the reason there hasn’t been a single community-based objection comment about Google’s single-registrant .blog application yet.

For me, that’s the benchmark as to whether anyone in the real world is paying attention to this program.

I mean, seriously: no bloggers are concerned about Google using .blog as an exclusive promo tool for its third-rate blogging platform?

What’s worrying the Congressmen is that ICANN’s expensive Independent Objector is not allowed to object to an application unless there’s been at least one negative comment about it

The IO can file community-based objections on behalf of those who cannot afford to do it themselves, but it’s not at all clear yet what the cut-off date for the IO to discover these comments is.

Hopefully, when ICANN reveals its proposed evaluation timetable this week, some of these questions will be answered.

Who’s objecting to .sport, .health, .kids and more

Kevin Murphy, August 2, 2012, Domain Registries

Today, the number of comments filed with ICANN on new gTLD applications surpassed the number of applications themselves, and we’re now starting to see more significant objections.

At the time of writing, 1,939 comments have been filed on 584 applications by 834 unique individuals and organizations.

Here are some recent comments from notable organizations.

Save the Children

The international charitable non-governmental organization Save the Children has expressed concerns about all four .health applications.

Here’s a snippet:

The health Internet is a vital means of health information access worldwide. Thus, “.health” and health related top level domains should be trusted and reliable resources which take the public interest into account and are based on broad-based, multi-stakeholder consensus. In this regard, it is particularly worrying that the current applicants intend to sell the “.health” gTLD on a ‘first-come, first-served’, wholesale and auction basis, placing private interests ahead of the public interest.

We urge ICANN to postpone the assignment of “.health” until such time as following broad-based consultation of the health community, including the public and private sectors, adequate baseline conditions for their operation are elaborated and their implementation and observance is ensured.

The same comment was filed by International Medical Informatics Association, indicating an orchestrated campaign is underway.

All were filed as Community Objection Grounds, suggesting that .health could run into objection delays down the road.

But Save the Children, which has better things to do with its money, may not necessarily object itself. I’d say .health is a prime candidate for a community-based intervention by the Independent Objector.

I’m also expecting the Governmental Advisory Committee to take a healthy interest in these applications.

International Olympic Committee

The International Olympic Committee has, as expected, thrown its support behind the .sport application filed by SportAccord, which already has strong ties with the Olympic movement.

There are only two applications for .sport (though Donuts is going for .sports) and while SportAccord’s is a community-based bid, a successful Community Priority Evaluation is by no means assured.

However, if the IOC is half as belligerent about .sport as it has been about the new gTLD program in general then I expect Famous Four Media, the other .sport applicant, has a fight on its hands.

Notably, the IOC invokes ICANN’s new IANA contract to back up its claim that SportAccord should be the rightful owner of .sport:

new IANA contractual requirements require ICANN in connection with new gTLDs to document “how the process provided the opportunity for input from relevant stakeholders and was supportive of the global public interest. “ Therefore, SportAccord is the only applicant for the .SPORT gTLD which can serve the global public interest in connection with the operation of the gTLD on behalf of the global sports community.

Lego Juris

Lego Juris, the extremely brand-conscious producer of overpriced kids’ building blocks, has filed complaints about 80 applications, all of which appear to be the same form letter.

As you might imagine from the most prolific filer of UDRP complaints in history, Lego’s primary concern is cybersquatting and preventing the need for defensive registrations.

Here’s Lego’s comment:

While we of course support enhanced fair competition, we call on the evaluators to ensure the maintenance of a clean Internet space by impressing on the new registries the importance of not accepting second level names within their gTLDs that may be confusingly similar to our trade marks, especially from applicants believed to be registering in bad faith.

To avoid consumer confusion and the wasted resources of needless dispute resolution procedures, legal actions and defensive registrations (none of which benefit consumers), as well as proving to the entire community that the registries do wish to act in good faith in a clean space, we request that new registries develop “blocked” lists of brand names that should not be registered absent evidence of good faith. Such lists could take the form of “white lists” at the second level that could only be lifted if requested by and for the brand owner.

This comment was filed against .kids, .group, .inc, .gmbh, .discount, .deals, .direct and many, many more.

All of these comments, incidentally, are logged in the DI PRO new gTLD application database.