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Forget .sucks, .feedback will drive trademark owners nuts all over again

Kevin Murphy, November 4, 2015, Domain Registries

Top Level Spectrum, the new gTLD registry behind .feedback, plans to give sell domains matching 5,000 of the world’s top brands to a third party that does not own the trademarks.

That’s one novel element of a .feedback business model that is guaranteed to drive the intellectual property community crazy in much the same way as .sucks did earlier this year.

The other piece of ‘innovation’ will see all .feedback domains — including the 5,000 brands — point by default to a hosted service that facilitates comment and criticism.

An example of such a site can be seen at The registry’s CEO, Jay Westerdal, has a .feedback site at

If you agree to use the hosted service with your domain, the domain and service combined will cost a minimum of just $20 per year.

However, if you want to turn off the hosted service and use your .feedback like a regular domain, pointing to the web site of your choice, the price will ratchet up to $50 a month, or $620 a year.

Those are the wholesale prices. Both services will be offered through registrars, where some markup is to be expected.

The hosted service is being offered by Feedback SAAS LLC, a company that, judging by its web site, appears to share ownership with Top Level Spectrum, though Westerdal says the two firms have different employees.

It’s not dissimilar to the model employed by .tel, where name servers by default point to a registry-hosted service.

Unlike .tel, .feedback registrants will be able to opt out of using the SAAS service and point their domains to whatever name servers they want.

Westerdal told DI that .feedback is in the process of making a deal with a “third party” he could not yet name to have 5,000 branded .feedback domains deployed during the Early Access Period of the .feedback launch. That’s scheduled to start January 6.

“We are striking a deal to get feedback sites out there. We want everything to have feedback,” he said. “We are signing an agreement to get the ball rolling by doing a founders program to get names out there. Your favorite shoe, your pizza place, your everything.”

“The sites are all geared towards free speech and giving reviews,” he said. He said:

No trademark infringement will occur though, the sites are all geared towards free speech and giving reviews. Confusing the public that the brand is running the site will not happen, each site has a disclaimer and makes it clear the brand is not running the site.

Asked whether we were talking about a genuine third party or a shell set up by the registry, he said: “A real third party. I am not playing games.”

He said the higher pricing for the naked domain registration is intended to discourage companies from turning off the domains matching their brands.

The whole point of .feedback is to solicit feedback.

The as-yet unspecified third-party taking possession of the 5,000 brand names would not be prevented from selling the domains to the matching brand owner, or to any third parties, he said, though he would not be in favor of such a move.

He said that $20 a year to run a configurable .feedback site, with moderator privileges, is a “great deal” compared to the $300-a-month service he said consumer review site Yelp offers.

The SAAS service will make additional revenue by selling added features, suitable for enterprises, he said.

.feedback went into its sunrise period last week with a $2,000 wholesale fee — the same high price that attracted criticism for .sucks.

The original Registry Service Evaluation Process for the .feedback service hit ICANN over a year ago (pdf).

I missed it then. Sorry.

I noticed it today after corporate registrar MarkMonitor blogged about it.

Matt Serlin, VP of MarkMonitor, who blogged his opinion on .feedback’s strategy earlier today, said in an email that the .feedback strategy was “more objectionable” than he had thought, and that “[W]e would most likely look to raise to ICANN if that is his stated intent.”

URS arrives in three legacy gTLDs

Kevin Murphy, October 2, 2015, Domain Policy

The legacy gTLDs .cat, .pro and .travel will all be subject to the Uniform Rapid Suspension policy from now on.

Earlier this week, ICANN approved the new Registry Agreements, which are based on the new gTLD RA and include URS, for all three.

URS is an anti-cybersquatting policy similar to UDRP. It’s faster and cheaper than UDRP but has a higher burden of proof and only allows domains to be suspended rather than transferred.

The inclusion of the policy in pre-2012 gTLDs caused a small scandal when it was revealed a few months ago.

Critics, particularly the Internet Commerce Association, said that URS (unlike UDRP) is not a Consensus Policy and therefore should not be forced on registries.

ICANN responded that adding URS to the new contracts came about in bilateral negotiations with the registries.

The board said in its new resolutions this week:

the Board’s approval of the Renewal Registry Agreement is not a move to make the URS mandatory for any legacy TLDs, and it would be inappropriate to do so. In the case of .CAT, inclusion of the URS was developed as part of the proposal in bilateral negotiations between the Registry Operator and ICANN.

The concern for ICA and others is that URS may one day be forced into the .com RA, putting domainer portfolios at increased risk.

GoDaddy did not cybersquat the Oscars, court finds

Kevin Murphy, September 16, 2015, Domain Registrars

In a landmark decision, a US court has ruled that GoDaddy’s practice of parking unused domains with Google advertising does not count as cybersquatting.

The Academy of Motion Picture Arts and Sciences, which runs the annual Oscars awards, sued the registrar five years ago after seeing that GoDaddy had parked hundreds of names containing its mark.

Under UDRP, registrar parking is controversially often taken as a sign of the registrants bad faith by panelists.

But the California court ruled that GoDaddy’s actions did not amount to trademark infringement due to the unique circumstances of the case.

GoDaddy did not select the advertisements — Google’s algorithms did — nor did it manually review which domains were being parked.

Domain Name Wire has a pretty good breakdown of the key points in the 129-page ruling.

What’s going to be interesting is whether UDRP panelists — which sometimes take their cues from US legal precedent — will start to adjust to view registrar parking in a more benign way when judging registrant bad faith.

OpenTLD suspension reinstated

Kevin Murphy, August 25, 2015, Domain Registrars

ICANN has suspended OpenTLD’s ability to sell gTLD domain names for the second time, following an arbitration ruling yesterday.

OpenTLD, part of the Freenom group, will not be able to sell gTLD names or accept inbound transfers from tomorrow — about two hours from now — to November 24, according to ICANN’s web site.

That doesn’t give the company much time to make the required changes to its web site and registrar systems.

As reported earlier today, OpenTLD lost its battle to have the suspension frozen in arbitration with ICANN.

The arbitrator agreed with ICANN Compliance that the registrar cybersquatted its competitors and has not yet done enough to ensure that it does not do the same again in future.

Yes, you are dangerous, arbitrator tells “cybersquatter” OpenTLD

Kevin Murphy, August 25, 2015, Domain Registrars

Free domains provider OpenTLD has been dealt a crushing blow in its fight against the suspension of its Registrar Accreditation Agreement.

ICANN is now free to suspend OpenTLD’s RAA, due to the company’s “pattern of cybersquatting”, following a decision by an independent arbitrator.

The arbitrator ruled yesterday that OpenTLD’s suspension should go ahead, because “OpenTLD’s continued operation could potentially harm consumers and the public interest.”

The 90-day suspension was imposed by ICANN Compliance in June, after it became aware that OpenTLD had lost two UDRP cases filed by competing registrars.

WIPO panelists found in both cases that the company had infringed its competitors’ trademarks in order to entice resellers over to its platform.

The suspension was put on hold voluntarily by ICANN, pending the arbitrator’s ruling on OpenTLD’s request for emergency stay. That request was conclusively rejected yesterday.

The arbitrator wrote:

the Arbitrator has little doubt that the multiple abusive name registrations made by OpenTLD, each of which included the registered mark of a competing domain name registrar and OpenTLD’s subsequent use of those domains… formed part of a broad concerted effort by OpenTLD calculated to deliberately divert name registration business, otherwise destined for competing domain name registrars… away from those registrars to OpenTLD instead.

He wrote that OpenTLD needs to put a process in place to prevent similarly cybersquatty behavior in future, rather than just making a commitment to changing its ways.

It’s pretty harsh stuff.

OpenTLD said recently that a suspension would “devastate” and “decimate” its business, due to the intertwining of its massive ccTLD business and rather smaller gTLD platform, but the arbitrator thought a technology workaround would be rather simple to implement.

No RAA means no gTLD sales and no inbound transfers.

OpenTLD is part of Freenom, which runs .tk and other free-to-register ccTLDs.

The company’s only ray of sunlight in the ruling is that the arbitrator said the costs of the proceeding should be split equally, not all falling on OpenTLD’s shoulders.

ICANN has not yet re-instituted the suspension, but it could come soon.

The full ruling can be read here.