Rockefeller slams .sucks as “predatory shakedown”

US Senator Jay Rockefeller today came out swinging against the proposed .sucks new gTLD, saying it looks like little more than a “predatory shakedown” by applicants.
In a letter to ICANN (pdf), Rockefeller has particular concern about Vox Populi, the .sucks applicant owned by Canadian group Momentous.
As we’ve previously reported, Vox Populi plans to charge trademark owners $25,000 a year for defensive registrations and has already started taking pre-registrations even though .sucks is still in contention.
Rockefeller told ICANN:

I view it as little more than a predatory shakedown scheme… A gTLD like “sucks” has little or no socially redeeming value and it reinforces many people’s fears that the purpose of the gTLD expansion is to enrich the domain name industry rather than benefit the broader community of internet users.

Unusually, I find myself in agreement with Rockefeller, who chairs the Senate’s Commerce, Science and Transportation Committee — Vox Populi’s plan does bring the domain industry into disrepute.
But it’s not the only applicant for .sucks. Top Level Spectrum and Donuts have also applied for the string.
While neither has revealed their proposed pricing, in Donuts’ case a blocking registration via its Domain Protected Marks List service will cost substantially less on a per-domain basis.
Rockefeller asks that ICANN keep his thoughts in mind when reviewing the application, and I’m sure ICANN will pay lip service to his concerns in response, but I don’t think the letter will have much impact.
A bigger question might be: does Rockefeller’s letter foreshadow more Congressional hearings into the new gTLD program?
The last one, which Rockefeller chaired (for about five minutes, before he buggered off to do more important stuff) was in December 2011, and they have tended to happen every couple of years.
Such a hearing would come at an inopportune moment for ICANN, which is trying to distance itself from the perception of US oversight in light of the Edward Snowden spying revelations.
It’s been setting up offices all over the world and championing the forthcoming NetMundial internet governance meeting, which is happening in Brazil next month.

Donuts’ “eco” debacle affected two-character domains too

Donuts has clawed back a couple dozen premium domain names from their erstwhile owners after accidentally selling names that were supposed to be restricted.
The second-level strings “eco” and “00” were inadvertently released for sale in Donuts’ new gTLDs, even though they’re on ICANN’s lists of names that must not be registered.
After noticing its error, the company started deleting the affected domains, notifying registrants that they would be receiving a refund.
Mike Berkens of The Domains reported that he had lost eco.domains. One of his readers claimed he’d already rebranded his whole company around eco.gallery, costing him dearly.
The domains were deleted because they’re on one of the several lists of reserved names attached to Donuts’ ICANN contracts.
ECO is the acronym for the Economic Cooperation Organization, which is on a temporary list of reservations related to international governmental organizations.
00 is an ASCII two-character label that is supposed to be reserved under a measure designed to prevent clashes with existing and future ccTLDs. The rule also captures numeric strings for some reason.
Donuts said in a statement:

We understand the confusion regarding certain second level registrations. Donuts inadvertently made two strings — “eco” and “00” — available for registration due to a registry error and is sorry for the inconvenience.
We WISH we could sell these names, and frustrating as it may be, these strings are on at least two lists of ICANN-prohibited registrations, so we were obligated to take this step in order for Donuts, registrars and registrants to be in compliance with ICANN requirements.

The IGO acronyms rule is extremely controversial.
It was demanded by ICANN’s Governmental Advisory Committee following requests from IGOs, which generally do not enjoy trademark protection and would be unable to use new gTLD rights protection mechanisms.
But the Generic Names Supporting Organization, representing a more diverse range of interests, came to a unanimous consensus that only the names — not the acronyms — of IGOs should be reserved.
Acronyms of course have multiple uses, as the ECO case amply illustrates. ECO the organization doesn’t even own “eco” in any legacy TLD, operating its web site at ecosecretariat.org.

Will .exposed see a big sunrise?

Donuts’ new gTLD .exposed goes into sunrise today, but will it put the fear into trademark owners?
It’s arguably the first “ransom” TLD to go live in the current round and the first since .xxx, which scared mark holders into blocking over 80,000 domains back in late 2011.
Most new gTLD sunrise periods to date — most of which have been focused on vertical niches — have had sunrise registrations measured in tens or hundreds rather than thousands.
But .exposed, I would say, is in the same free speech zone as yet-to-launch .sucks and .gripe, which lend themselves well to having a company, product or personal name at the second level.
Brand protection registrars are encouraging their clients to pay special attention to this type of gTLD.
Will this cause a spike in sunrise sales for Donuts over the next 60 days?
It might be difficult to tell, given that Donuts also offers brand owners a blocking mechanism via the Domain Protected Marks List service, so the domains don’t show up in the zone files.
But DPML blocks can be overturned by others with matching trademarks, so some trademark owners may decide to register the name instead for an overabundance of caution.

Final .eco applicant completes evaluation

Planet Dot Eco has finally passed its ICANN evaluation, meaning the four-way contention set for one of the oldest public new gTLD ideas, .eco, can move forward a little.
In its Initial Evaluation last August, the company scored a miserable 1 point on its financial evaluation, failing to hit the target of 8 points, and scored a 0 on one of its technical criteria.
But with the Extended Evaluation results published today (pdf), Planet Dot Eco managed to scrape passing scores on both parts of the evaluation.
This means that the .eco contention set, which also includes Donuts, Minds + Machines and Big Room, is no longer being held up by evaluations.
However, Big Room’s is a Community application and the company has indicated that it will go for a Community Priority Evaluation.
Unless Big Room wins the CPE (which strikes me as unlikely), that will also delay any possibility of contention resolution.

Uniregistry doing private new gTLD auctions? Company deals with Donuts on five strings

Uniregistry and Donuts have settled at least five new gTLD contention sets this week, raising the question of whether Uniregistry has reversed its objection to private auctions.
I think it has.
In five of the six head-to-head contention sets between the two companies, Donuts has won the rights to .furniture, .auction and .gratis, and Uniregistry has won .audio and .juegos.
The losing company has already withdrawn their applications in all five cases.
I gather that a deal was made, but Uniregistry won’t say whether it was via a private auction or not and I’ve not yet had a reply to a request for comment from Donuts.
The withdrawals come the same week as Applicant Auction was scheduled to conduct its latest private auction for new gTLD contention sets. The auction was slated for February 18.
But Uniregistry, which has previously spoken out against the private auction concept — saying it raises antitrust concerns — declined to confirm or deny whether these five contests were resolved by auction.
“We’re grateful to have found a way through the impasse and resolved the contention,” was all Uniregistry CEO Frank Schilling would say.
Applicant Auction’s project director Sheel Mohnot confirmed that a new gTLD auction took place this week but said he could not disclose the participants or the strings.
To the best of my knowledge, that’s a new line — the auctioneer has always kept quiet about sales prices in the past, but has always revealed which companies were involved.
So has Uniregistry changed its mind about the legality of private new gTLD auctions? My guess is: “Yes.”
The only remaining string where the two companies are competing in a two-horse race is .shopping, according to the DI PRO database, but that’s subject to some weird string similarity nonsense and probably not suitable for a private auction yet.

Donuts looking for accountant with IPO experience

Anyone want to take bets on Donuts’ exit strategy?
The largest new gTLD portfolio applicant has placed a job ad on its web site for an accountant with “Understanding of SEC and/or IPO related accounting”.
That’s SEC for Securities and Exchange Commission and IPO for Initial Public Offering, of course.
It appears IPO experience is a desired quality of the sought-after individual, rather than a must-have, but it seems to point to where Donuts plans to take the company in future.
Donuts of course now has revenue, and it’s been almost two years since it raised its first $100 million venture capital investment in a funding round led by Austin Ventures.
That a VC-backed tech company should be eyeing an eventual IPO should not come as a surprise to anyone — and I wouldn’t expect to see an S-1 any time soon — but it does look like Donuts is already planning for its exit when it comes to its staffing arrangements.
(Thanks to Silver Siwei Wang for the tip).

.photography, on day one, becomes second-largest new gTLD

Donuts’ new gTLD .photography has become the second-largest new gTLD after .guru, just a few hours after it hit its regular general availability pricing.
Zone files dated 1840 UTC today show that .photography had 8,878 domains, compared to .guru’s 27,698 and .bike’s 6,524.
That’s just a few hours after .photography finished with its week-long premium-pricing Early Access Program period. By contrast, .bike and .guru finished their EAPs exactly a week ago.
The other six Donuts gTLDs going to regular pricing this afternoon fared less well, with .gallery at 2,869, .estate at 2,465, .equipment at 1,900, .graphics at 1,368, .lighting at 1,338 and .camera at 1,227.
Those are the numbers for about two and a half hours of proper general availability, which will reflect hand-registrations and any pre-registrations that were made over the last few months.
DI PRO subscribers can see the full list of new gTLD zone file counts here.

.photography beating .camera

Who said shorter domains are more popular?
Donuts’ new .photography and .camera gTLDs, which both come out of their Early Access Period premium pricing phases this week, have seen .photography get more than twice as many registrations so far.
During their EAP and sunrise periods, where retail prices can range from $150 to $13,000, .camera has racked up 146 names to .photography’s 383.
There’s a difference of meaning here of course, which is reflected in the types of domains being registered; .camera names tend to be hardware-related, while .photography is heavy with personal names.
Donuts’ strategy of picking strings that already feature heavily at the end of the second level of .com seems to be reflecting the reality of registration patterns in new gTLDs too.
The photography-related gTLD space is going to an interesting one to watch.
We’re also waiting for the launch of .photo and .photos (.photos in two weeks, .photo in April), which will crowd the space further. These two are also likely to be the first plural/singular competitors.

New gTLD domains top 41,000

Donuts’ first seven new gTLDs are still growing at a pretty rapid clip, albeit from a small base, a couple of days after they hit their baseline pricing.
There were 41,880 registered domains in the first eight new gTLDs as of last night’s zone files, half of which belong to .guru.
Some of Donuts’ gTLDs are still growing at 30-40% or thereabouts per day, whereas growth in dotShabaka’s شبكة. seems to be tailing off.
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DI PRO subscribers can track daily zone file changes here.

IBM files URS complaints against guy who spent $2,500 on two domains

If you were a cybersquatter, would you spend $2,500 on just two domain names without doing even the most basic research into whether you’d get to keep the names?
One individual from New Jersey has done precisely that, apparently, and has now been hit with what may well be the first new gTLD Uniform Rapid Suspension complaint, according to Donuts.
Donuts VP Mason Cole said in a DI comment today that the company has “been notified of an additional URS action involving two IBM names.”
I believe he’s referring to ibm.guru and ibm.ventures, two new gTLD domains I highlighted earlier today as being registered under Go Daddy’s Whois privacy service.
Privacy protection has since been lifted from both domains, in accordance with Go Daddy policy, revealing the registrant (assuming it’s not a fake name) as one Denis Antipov of New Jersey.
Both domains were redirecting to ibm.com when I checked a few days ago — showing that the registrant clearly had IBM in mind when he bought the names — but now do not resolve for me.
What’s funny is that the registration date of the domains is January 31. Due to Donuts’ Early Access Program, the registrant will have paid Go Daddy a total of $2,479.98 for the pair.
Now, he stands to lose that investment in a URS case that will set IBM back about the same amount.
Donuts’ Cole said: “When infringement is alleged, we want to see the due process tools developed for new TLDs put to use. Registries are not trademark adjudicators — we implement the objective decisions of others.”
UPDATE: An earlier version of this story incorrectly reported the price the registrant will have paid for these names.