“Cybersquatting” registrar OpenTLD, part of the Freenom group, has had its accreditation un-suspended by ICANN while the two parties slug it out in arbitration.
Filed three weeks ago by OpenTLD, it’s the first complaint to head to arbitration about under the 2013 Registrar Accreditation Agreement.
ICANN suspended the registrar for 90 days in late June, claiming that it “engaged in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service mark of a third party”.
But OpenTLD filed its arbitration claim day before the suspension was due to come in to effect, demanding a stay.
ICANN — voluntarily, it seems — put the suspension on hold pending the outcome of the case.
The suspension came about due to OpenTLD being found guilty of cybersquatting its competitors in two UDRP cases.
In both cases, the UDRP panel found that the company had cybersquatted the trademarks of rival registrars in an attempt to entice their resellers over to its platform.
But OpenTLD claims that ICANN rushed to suspend it without giving it a chance to put forward its side of the story and without informing it of the breach.
It further claims that the suspension is “disproportionate and unprecedented” and that the public interest would not be served for the suspension to be upheld.
This is not an Independent Review Process proceeding, so things are expected to move forward relatively quickly.
The arbitration panel expects to hear arguments by phone August 14 and rule one way or the other by August 24.
Read the OpenTLD complaint here.
The .sucks domain has been generally available for a little over a week now, and I’ve found what may be the first example of somebody attempting to sell one to a brand owner.
amherstcollege.sucks is one of only a handful on non-registry-owned .sucks domains to have a web site already indexed by Google.
The site solicits commentary about Amherst College — a liberal arts university in Massachusetts that owns a US trademark on “Amherst” — but does not yet publish any such criticism.
However, the phrases “AMHERSTCOLLEGE.SUCKS DOMAIN NAME + WEBSITE IS FOR SALE” and “IF YOU ARE INTERESTED IN PURCHASING THIS DOMAIN AND WEBSITE CONTACT US” appear prominently on the bare-bones WordPress blog currently running at the site.
The Whois record shows “THIS DOMAIN IS FOR SALE” as the registrant organization.
Under the UDRP, offering a domain for sale is usually considered enough to meet the “bad faith” part of the three-prong cybersquatting test.
I doubt it’s the only example of a .sucks domain matching a brand currently listed for sale by a third-party registrant, but it is the first one showing up in Google.
It’s still early days; the other .sucks domains with sites and a Google presence are a mix of redirects, mirroring and placeholders.
Microsoft-owned microsoft.sucks is one of them. It redirects to a Bing search results page.
The $250-a-year .sucks gTLD, managed by Vox Populi registry, currently has fewer than 5,700 domains in its zone file. Growth has ground almost to a halt over the last few days.
Former Spice Girl Victoria Beckham has used UDRP to take down a porn site bearing her name.
victoria-beckham.biz was owned by a Ukrainian, who had set up a site “at which adult and/or pornographic images and services are offered”, according to the UDRP panelist.
It was pretty much a slam-dunk case.
While not all celebrities own trademarks on their names, Beckham does. The squatter, who registered the name in December 2014, did not even attempt a response.
Based on archived screenshots and Whois records, it looks like victoria-beckham.biz has been around as a rather harmless fan site since about 2006.
It was only after the domain expired late last year and was re-registered did it become a porn site, attracting the attention of Beckham’s lawyers.
Freenom, the company behind .tk and other freebie ccTLDs, has had its ICANN registrar accreditation suspended for cybersquatting competing registrars including Go Daddy and Key-Systems.
OpenTLD, its registrar business, has been told it cannot accept new registrations or inbound transfers from July 8 to October 6 or until it provides ICANN with a full list of the names it squatted.
I believe it’s the first time ICANN has suspended a registrar for this reason.
The suspension notice states:
ICANN has found that OpenTLD has engaged in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service mark of a third party in which the Registered Name Holder has no rights or legitimate interest
That’s a long-winded way of saying “massive cybersquatting”.
ICANN is basing its claims on two UDRP cases that Freenom and its CEO, Joost Zuurbier, lost.
According to WIPO panelists in Key-Systems GmbH v. Joost Zuurbier, OpenTLD B.V. and NetEarth Group, Inc. v. Stichting OpenTLD WHOIS Proxy, the company squatted at least seven of its rivals’ trademarks.
The domains were netearthone.biz, rrpproxy.me, key-systems.cc, resellerclub.tk, resellbiz.biz, godaddy.cf and resello.ws.
According to the UDRP decisions, Freenom used the domains to try to entice resellers of the other registrars over to OpenTLD.
It bought the competing registrars’ trademarks as search keywords on Google’s advertising platform, a WIPO panelist found. If you searched Google for Key-Systems trademark “RRPproxy”, for example, you’d get an ad linking to rrpproxy.me.
In some cases the names were registered behind Freenom’s in-house privacy service. In others, Zuurbier and OpenTLD were listed plainly as the registrants.
The WIPO panelists also found that Freenon shirked its duties under the UDRP as registrar, deleting the squatted domains rather than locking them, which essentially amounted to “cyberflight”.
It all looks pretty bad for Freenom, which only gained its accreditation two years ago.
To avoid termination, it has to provide ICANN with a list of all of its trademark infringing names, agree to transfer them to the mark owners or delete them, and bunch of other stuff.
You’ve got to hand it to .sucks registry Vox Populi.
The pricing may be “exploitative” and “predatory”, as the intellectual property community believes, but damn if the the company doesn’t know how to generate headlines.
Vox Pop has just added a new ticker stream to its web site, fingering the 50 most sucky celebrities, politicians, companies, social ills and abstract concepts.
The lists have been compiled from “more than a million” searches for .sucks domains that Vox Pop has seen pass through its system, according to CEO and veteran PR man John Berard.
For some reason, TayloySwiftsCat.sucks is the most searched-for in the “Personalities” category.
I’m guessing this relates to a meme that has yet to reach my isolated, middle-aged, non-country-music-loving corner of the world.
Whatever the cat did to earn this ire, it’s presumably equivalent to what Barack Obama, Apple, cancer and just life generally has done to searchers on the .sucks web site.
Here are the lists of most-searched-for terms, as it stands on the .sucks web site right now.
- 1. TaylorSwiftsCat
- 2. JustinBeiber
- 3. KevinSpacey
- 4. Oprah
- 5. KimKardashian
- 6. KayneWest
- 7. GuyFieri
- 8. TomBrady
- 9. DonaldTrump
- 10. OneDirection
- 1. Life
- 2. YourMomma
- 3. This
- 4. Everyone
- 5. MyJob
- 6. MyLife
- 7. Reality
- 8. YouKnowWhat
- 9. Who
- 10. College
- 1. Cancer
- 2. Technology
- 3. Obesity
- 4. Racism
- 5. Depression
- 6. Meat
- 7. AIDS
- 8. Hate
- 9. Poverty
- 10. Government
- 1. Apple
- 2. Google
- 3. Microsoft
- 4. Facebook
- 5. Comcast
- 6. Walmart
- 7. CocaCola
- 8. McDonalds
- 9. Sony
- 10. Amazon
- 1. Obama
- 2. Hillary
- 3. TedCruz
- 4. RandPaul
- 5. StephenHarper
- 6. Putin
- 7. JebBush
- 8. TonyAbbott
- 9. DavidCameron
- 10. Democrats
Make no mistake, this is a headline-generating exercise by Vox Pop.
It comes as .sucks hits 10 days left on the clock for its $1,999+-a-pop sunrise period.
The company got a shed-load of mainstream media publicity when celebrities, starting with Kevin Spacey, started registering their names in .sucks several weeks ago.
It’s looking to get more headlines now, from lazy journalists and bloggers.
This is one of the first, for which I can only apologize.