.guru first new gTLD to 50,000 names

Kevin Murphy, April 18, 2014, Domain Registries

Donuts’ pioneering .guru yesterday became the first new gTLD to surpass 50,000 domain name registrations, according to today’s zone files.

DI PRO makes today’s total 50,210, having added 209 names yesterday. Technically, that means .guru passed the 50k mark on Wednesday, but I’m excluding some infrastructural domains used by the registry.

The gTLD went into general availability January 29, so it’s passed this milestone in 78 days, therefore selling on average 643 names per day. That average is skewed obviously by the low-volume seven-day premium phase and a sharp spike when names hit baseline pricing on February 5.

If we assume that the average price for a .guru is $20 (which I’m guessing is probably not too wide of the mark), then the gTLD is already million-dollar business.

For a while it looked as if number-two new gTLD .berlin was going to overtake .guru and might have hit 50k first, but its relative growth compared to .guru slowed down a few weeks ago.

According to our zone file analysis, there are 556,063 new gTLD domains today.

Donuts buys out rival .place gTLD applicant

Kevin Murphy, March 31, 2014, Domain Registries

Donuts has won the .place new gTLD contention set after paying off rival applicant 1589757 Alberta Ltd.

The deal, for an undisclosed sum, was another “cut and choose” affair, similar to deals made with Tucows last August, in which the Canadian company named its price to withdraw and Donuts chose to pay it rather than taking the money itself.

1589757 Alberta has withdrawn its application for .place already.

The deal means Donuts now has 165 new gTLDs that are either live, contracted or uncontested.

.email sells almost 10,000 names on day one

Kevin Murphy, March 27, 2014, Domain Registries

Donuts new gTLD .email sold 9,636 registrations yesterday, its first partial day of general availability at standard registry pricing.

The TLD became the seventh largest by volume, with 11,286 names under management.

The other four new gTLDs — all Donuts’ — that hit the same pricing threshold yesterday fared less well, with between 5,391 (.solutions) and 909 (.builders) names registered.

Here’s a bit more data from DI PRO. Click to enlarge.

A total of 26,239 new names appeared in 147 new gTLD zone files this morning, of which 22,220 (about 85%) came from these five newly available options.

Donuts plays the genericide card in showdown with Belgian government over .spa

Kevin Murphy, March 19, 2014, Domain Policy

Donuts has asked ICANN to approved its .spa new gTLD application over the objections of the Belgian government, saying the town of Spa no longer has exclusive rights to the string.

As we reported at the weekend, Spa is asking Donuts and rival applicant Asia Spa and Wellness Promotion Council for an up to 25% cut of profits from .spa, as well as the right to help manage the TLD at the registry’s expense.

ASWPC has agreed to these terms, but Donuts has not. It says it offered Spa extra protections for sensitive names, but does not want to hand over any managerial control or profit.

Yesterday, Donuts wrote to ICANN (pdf) to say that “spa” is now so generic that no interest would be served by ICANN enforcing the city’s demands. Here’s the meat of it:

While the City of Spa maintains a historical link to the word “spa”, that word long ago evolved as a globally recognized generic term by people who have never even heard of the city of its origin. The public interest served by making that term available to a global community of spa users far outweighs any risk of confusion with the city of the same name. And for those names that may cause confusion, Donuts has provided a rigorous series of additional protections and controls.

The City of Spa gave the word “spa” to the world many centuries ago, and the world has done a great deal with it. Just as attorneys for the City of Spa don’t fly around the world handing cease-­and-desist notices to resort operators and hot-­tub manufacturers, we do not believe it is appropriate for them to overrun ICANN procedure to try to exert control over how that term is used in the Internet’s global addressing system.

I’m going to raise my hand to say that I’d never heard of Spa before this particular controversy arose, and I expect that goes for most of the people reading this article. Donuts surely has a point.

But that’s not to say Spa doesn’t have a point too. There are plenty of governments that managed to squeeze concessions out of applicants for gTLDs matching place names in their territories, with little complaint from applicants; it’s just that the line was drawn at capital cities, something which Spa is not.

Donuts urges ICANN to give no weight to the Spa-ASWPC deal and to move both applications forward to the next stage of the process — contention resolution.

We may see some progress at the ICANN meeting in Singapore next week, when ICANN will surely press the Governmental Advisory Committee for further advice on this string.

Belgians do want a piece of Donuts’ new gTLD action

Kevin Murphy, March 16, 2014, Domain Policy

The Belgian government is blocking approval of Donuts’ bid for the new gTLD .spa until the company agrees to hand over up to 25% of its .spa profits to the community of the city of Spa.

It emerged in a letter from Spa published by ICANN this weekend that the city is also demanding a role in managing the TLD at the registry operator’s expense.

The gTLD has been applied for by Donuts and the Asia Spa and Wellness Promotion Council.

Not only does the string .spa match the name of the city, but also the English dictionary word “spa” is actually named after Spa, which has been known for centuries for its “healing” springs.

Despite this, Spa is not a capital city — it has roughly 10,000 inhabitants — so it does not qualify as a protected geographic string under the rules of ICANN’s new gTLD program.

Spa nevertheless wants a role in the TLD’s management, in order to protect the interests of itself and its local community, and wants some of the profits to benefit its local businesses.

According to the letter (pdf) from Spa outside attorney Phillippe Laurent, ASWPC has already signed a memorandum of understanding with the city. That MoU, published with the letter, states:

The turnover generated by the exploitation of the .SPA registry will be used in priority to defray reasonable out-of-pocket expenses incurred by the City as a result of its participation in the SPARC or any other of its activity related to the management and governance of the .SPA extension.

Additionally, 25% of the net profit generated by the domain names registered in the .SPA registry by any Belgian, Dutch, Luxembourgish, French or German person or entity will be earmarks to be contributed towards Internet and spa & wellness activities development in and for the City of Spa and its region, especially as related to the scope of the “.SPA” TLD, to be directed by the City of Spa.

The deal would also see ASWPC reserve 200 .spa domain names (included potential premiums such as poker.spa and golf.spa) for the city to do with as it pleases.

Donuts has refused to sign the MoU, saying it’s inconsistent with the Applicant Guidebook and sets a “bad precedent”. Spa has therefore refused to endorse its application.

The city has its national government on its side. In the April 2013 Beijing communique of the ICANN Governmental Advisory Committee, the GAC listed .spa as one of several bids needing “further consideration”.

This was reiterated in its Durban and Buenos communiques, with the GAC noting that “discussions” between “relevant parties” were “ongoing”.

Essentially, the GAC is delaying .spa from approval while Spa tries to get Donuts to agree to hand over part of its of .spa profits.

There was a somewhat testy exchange at the Buenos Aires meeting in November, after an ICANN director asked the GAC if it was appropriate for a governmental entity to try to get a financial benefit from an applicant.

The Belgian GAC representative responded later that “no money will flow to the city of Spa”, conceding that “a very small part of the profits of the registry will go to the community served by .spa”.

That now seems to be not entirely accurate.

The MoU sees Spa getting reimbursed for its self-imposed cost of inserting itself into the management of the registry, so some money will flow to it. But it will presumably be revenue-neutral to the city.

The issue of the 25% profit cut is a bit ambiguous though.

While the money would not flow directly into city coffers, the city would get the ability to direct how it was spent. Presumably, it could be spent on projects that Spa locals would otherwise look to the city to pay for.

With Donuts and Spa apparently at an impasse, ICANN recently told the GAC that it won’t sign contracts with either applicant, yet, but that it wants “a timeline for final consideration of the string”.

It also wants the GAC to “identify the ‘interested parties’ noted in the GAC advice.”

With Laurent’s letter and the MoU seemingly spelling out exactly what Spa wants and why, perhaps ICANN can move the issue closer to resolution at the Singapore meeting next week.

Is it a shakedown? Is it appropriate behavior for the GAC to hold an application hostage while it tries to obtain financial benefit for its local businesses? Or is Donuts unreasonably trying to exploit a city’s centuries-old cultural heritage for its own economic gain?