Dot-brand early adopter becomes 48th to disappear

A Singaporean telecommunications company has become the latest gTLD registry to voluntarily drop its dot-brand.
StarHub, which had 2018 revenue equivalent to $1.73 billion, told ICANN it no longer wished to operate .starhub in February and ICANN opened its request up for a month of public comment last week (a formality).
It’s the 48th of the several hundred original dot-brand applications to change its mind after delegation.
Notably, StarHub was one of the first companies to announce its participation in, and tout the expected benefits of, the new gTLD program.
Back in February 2012, when most applicants were playing their cards close to their chest because the application window was still open, Oliver Chong, assistant vice president of brand and marketing communications at StarHub, said:

We believe the ‘.starhub’ Top-Level Domain will deliver clear marketing and advertising benefits to StarHub, such as improved online brand recall and a more intuitive consumer experience with easy to remember domain names such as ‘mobile.starhub’. We also anticipate potential Search Engine Optimisation (SEO) benefits by operating a more targeted and relevant naming system that is clearly matched with our website content.

Yeah… so, none of that actually happened.
Like all the other dot-brands to self-terminate, StarHub never actually used .starhub, other than the obligatory nic.starhub placeholder.
As an aside that may counterbalance this bad news for the perception of new gTLDs, one of StarHub’s competitors in the Singapore mobile market is called Circles.Life. It uses circles.life as its primary domain and has apparently performed respectably since its launch in 2016.
Imagine that! A mobile phone operator being successful using a new gTLD domain!

Termination on the .orientexpress

The dot-brand .orientexpress has derailed. That’s a train pun, expect more.
The gTLD operator has become the latest to signal (like a railway signal) to ICANN that it no longer wishes to run its dot-brand, this week asking for a contract cancellation (like a train cancellation).
Despite having left the station (like a train station) in February 2015, it only ever registered its mandatory nic.orientexpress domain, and that doesn’t even resolve any more, according to DI PRO tracking (like a train track).
While the Orient Express brand is familiar to many due to the famous Agatha Christie murder mystery novel, it’s been applied to multiple train companies and journeys over the years.
The gTLD was originally applied for, unopposed, in 2012 by Orient-Express Hotels. However, that company renamed itself to Belmond in 2014.
Belmond still runs a luxury train route bearing the Orient Express name, but apparently its devotion to the brand has run out of steam (like a steam train) and its gTLD was no longer just the ticket (like a train ticket).
It’s the 20th dot-brand to change its mind about owning a gTLD after its ICANN Registry Agreement was already signed.
According to DI PRO stats, almost 100 dot-brands are actively using their domains currently, so it’s not as if the concept has been a complete train wreck (like a train train wreck).

Mitsubishi pulls plug on dot-brand gTLD

Japanese conglomerate Mitsubishi has told ICANN it no longer wishes to operate one of its dot-brand gTLDs.
The company has filed a termination notice covering its .mtpc domain, which stands for Mitsubishi Tanabe Pharma Corporation.
The gTLD was delegated in February 2015, but Mitsubishi has never put it to use.
Registry reports show only two names ever appeared in the .mtpc space.
It’s the 19th gTLD from the 2012 round to voluntarily self-terminate — or to allow ICANN to terminate it — after signing a Registry Agreement.
All terminated gTLDs so far have been dot-brands.
Mitsubishi also owns .mitsubishi. That dot-brand appeared earlier this year but also has not yet been put to use.

Fox promises dot-brand will be “the next big thing”

Fox seems set to become an unexpectedly early adopter of its dot-brand gTLD, .fox.
The only live .fox web site, nic.fox, is currently promising that the gTLD will become “the next big thing” in “Spring 2016”.
On the site, a glossy, quick-cut show-reel of Fox media carries the text:

Cue the lights. Roll the cameras. The next big thing is coming. And you’re invited. Welcome to .FOX. Spring 2016.

.fox will be a “a trusted digital space for everything you love about Fox” the site promises.
It suggests that Fox content in DVD, Blu-ray and Digital HD formats will be available via .fox web sites.
.fox has only been in the root since late November; its owners have not so far appeared to be champing at the bit to get their dot-brand online, and Fox has not exactly been enthusiastic about new gTLDs.
Its IP lawyers were some of the most outspoken critics of the program in its early days, estimating they would have to spend millions of dollars on defensive registrations.
Not only has that not happened, but Fox now seems to be grasping the “trusted source” dot-brand sales pitch with both hands.
It’s going to be interesting to see not only what the company has up its sleeve, but also how extensively it is promoted.

Aussie government slams .food closed generic bid

The Australian government is among those asking ICANN deny a request to make .food a “closed generic” gTLD.
Eight people have filed comments opposing Lifestyle Domain’s application for Specification 13 status for its .food registry contract, which would allow the company to keep all .food domains for itself, since we reported the news earlier this month.
The Aussies are arguably the highest-profile opponent, and the one most likely to be taken seriously by ICANN.
Governmental Advisory Committee rep Annaliese Williams wrote:

The Australian Government issued an Early Warning to Lifestyle Domain Holdings, Inc on the grounds that ‘food’ is a common generic term, and that restricting common generic strings, such as .food, for the exclusive use of a single entity could have a negative impact on competition…
The Australian Government does not consider that Lifestyle Domain Holdings’ application to operate .food for its exclusive use serves a public interest goal.

Lifestyle Domain is a subsidiary of Scripps Networks, the company that runs the Food Network TV stations and Food.com web site.
The company claims that it has trademark rights to the word “food” that should allow it to run .food as a dot-brand gTLD.
That would mean nobody but Scripps, which won the right to .food at auction, would be able to register .food domains.
ICANN has also received negative comments from employees of registrars (both retail and corporate) and registries.
One comment, taken at face value, appears to be pro-Scripps, but I’m fairly confident it’s actually just extreme sarcasm.
The decision about whether to allow Scripps to add Spec 13 to its contract will be made by ICANN legal staff.
ICANN told me this week that there’s no ETA on a decision yet.

World’s fourth-largest bank dumping old domains in switch to dot-brand gTLD

A French bank appears to be the first major company to commence a permanent switch from a legacy TLD to a new dot-brand.
BNP Paribas, the fourth-largest bank in the world, is dumping its .fr and .net domains in favor of .bnpparibas for customers in its domestic market, where it serves close to eight million retail banking customers.
Visitors to the .fr and .net domains are directed to a landing page that informs them that mabanque.bnpparibas (“mybank.bnpparibas”) is the company’s new domain.

The new dot-brand site appears to be a fully functional online banking service, not just brochureware.
It’s the ninth most-visited new gTLD domain name, with an Alexa rank today of 6,005, climbing the ranks every day.
As it’s a redesigned web site, customers are able to switch back to the familiar .net site (Alexa rank: 2,543) if they wish.
The domain was registered in January and BNP Paribas began a transition campaign in April. The transition away from the .net and .fr domains appears to have started at some point over the last month, but there hasn’t been a great deal of media coverage.
The .com domain is still live, serving Anglophone customers.
The mabanque.bnpparibas site leaves little doubt about the reason for the transition (translated with Google’s assistance):

BIZARRE, THIS ADDRESS WITHOUT .FR OR .NET? IS IT SECURE?
YES, A 100% SECURE SITE!
Any address ending with .bnpparibas is managed by BNP Paribas and has an advanced security certificate. Even more reliable, this new extension now acts as a signature.
Of course the architecture https and the padlock are still on your URL bar, confirming that the connection is secure.
So you can browse and view your accounts in all serenity!

BNP Paribas is a bit of a big deal, the fourth-largest bank in the world, managing assets of $2.5 trillion.
It’s bigger than Barclays, which earlier this year said it intends to transition away from .com and .co.uk to .barclays. The .barclays and .barclaycard sites are still just brochureware, however, with no transactional features.
Other dot-brands have launched sites at their new gTLDs, but .bnpparibas is the first transfer of a fully transactional web site from a legacy TLD to a dot-brand I’ve seen.
The Chinese conglomerate CITIC dumped its .com for .citic last September, but soon switched back.

Two more dot-brand gTLD bids withdrawn

Two applications for “dot-brand” new gTLDs were pulled last week.
General Motors has withdrawn its bid for .gmc and Hartford Fire Insurance Company dropped .thehartford.
Both bids had been assigned priority numbers in ICANN’s prioritization draw last December, but neither applicant had purchased tickets, suggesting a lack of interest in operating the TLDs.
The withdrawal of .gmc at this time, less than two weeks before the publication by ICANN of string similarity evaluation results, is particularly interesting, and a little strategically puzzling.
There’s an active application by GMO Internet for .gmo, which could conceivably be ruled confusingly visually similar to .gmc.
By pulling out now, GM has lost its right to file a string similar challenge at a later date, and may have lost its ability to win .gmc in all future application rounds too (if .gmo is approved this time around, GMO could claim confusing similarity against future .gmc bids).
But GM still has active bids for the much more meaningful .chevrolet, .buick, .chevy and .cadillac, all of which also have prioritization numbers suggesting GM mainly applied defensively.
Hartford’s .thehartford was its only application.
The two withdrawals bring the total to date to 15, at least 10 of which were dot-brands. There are now 1,915 applications still in play.
The new gTLD consultants involved in the withdrawn bids — which one assumes were mostly filed defensively based on advice received — are a fairly mixed bunch so far.

Google, L’Oreal execs tapped for new gTLD summit

Executives from Google, L’Oreal and The Boston Globe have been lined up to speak at the new gTLD marketing conference taking placing New York next month.
Hal Bailey, director of Google’s domains business, will speak on the panel “Domains in 2015, 2020, 2025: A View of the dot Future” at the Digital Marketing & gTLD Strategy Congress, according to organizers.
L’Oreal’s chief digital officer has dropped out of the conference, but he has been replaced by Brigitte King, senior vice president of the company’s digital business.
L’Oreal and Google are two of the new gTLD applicants currently under fire for applying for so-called “closed generic” gTLDs, which could make for some interesting discussions.
King will chair the conference and deliver a keynote entitled “The L’Oreal Story: Building Beauty Brands with Digital, Data and Direct Relationships”. L’Oreal has applied for 13 new gTLDs.
The Boston Globe, which has applied for .boston, is sending Jeff Moriarty, it vice president for digital products, and industry IP lawyer Bart Lieben to talk about the newspaper’s plans for the gTLD.
Momentum Consulting, which is organization the dot-brand focused event, says it has 80 confirmed attendees and is on target to have more than its expected 120 by the time ticket sales close.
DI will also be in attendance. I’m hosting a fireside chat with ICANN’s Sally Costerton, head of stakeholder relations.
The conference runs March 11-12 in New York City.

Closed gTLD debate threatens Google and Amazon

Howls of criticism about Google, Amazon and others’ plans to grab huge swathes of new gTLD real estate and keep it to themselves seem to have spurred ICANN into action.
A public comment period opened this week seeks community feedback (indirectly) on applications such as Amazon’s .music, L’Oreal’s .beauty and Google’s .blog, among many others.
These gTLDs have all been proposed with “single-registrant” business models, in which the registry controls all second-level domains and regular registrars cannot sell them to anyone else.
It’s the “dot-brand” model, but applied to generic dictionary words for which the applicants have no trademark rights.
Scores of such applications have been made, notably by Google and Amazon, but they have drawn criticism from many in the ICANN community, such as a small group of registrars and others led by Blacknight Solutions.
Members of the Governmental Advisory Committee, most vocally Australia, have also expressed serious concerns about the model, saying it could be anti-competitive.
ICANN’s board of directors is currently mulling over these complaints, and has thrown the issue open to public comment to aid in its deliberations.
What it wants from you is:

proposed objective criteria for:

• classifying certain applications as “closed generic” TLDs, i.e., how to determine whether a string is generic, and
• determining the circumstances under which a particular TLD operator should be permitted to adopt “open” or “closed” registration policies.

The way the public comment request is phrased should be quite worrying to applicants for closed generic gTLDs.
It seem to assume that ICANN should be classifying gTLDs, something it has steadfastly refused to do for all of the years these kinds of debates have been raging.
What is a “closed generic” anyway?
The DI PRO New gTLD Application Tracker classifies gTLD applications into three buckets: Open, Restricted and Single-Registrant.
We made no attempt to segregate dot-brands from other Single Registrant bids, precisely because there’s currently no such thing as a dot-brand under ICANN’s rules.
There doesn’t seem to be much community concern about the apps we have classified as “Restricted” — applications for .lawyer that propose to vet registrants for their lawyerly credentials, for example.
The concern is all directed at Single Registrant bids. We have 912 of these in our database.
Many of these are dot-brands, where the applied-for string is an exact match with a famous trademark, but many are for dictionary words for which the applicant has no preexisting rights.
In order to sanely operate a dot-brand, applicants must request an exemption to the ICANN rules that oblige them to offer their gTLDs via accredited registrars on a non-discriminatory basis.
This Code of Conduct is a part of the base Registry Agreement for new gTLDs, but it contains a carve-out for single-registrant applicants:

Registry Operator may request an exemption to this Code of Conduct, and such exemption may be granted by ICANN in ICANN’s reasonable discretion, if Registry Operator demonstrates to ICANN’s reasonable satisfaction that (i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for its own exclusive use, (ii) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator, and (iii) application of this Code of Conduct to the TLD is not necessary to protect the public interest.

This provision was added specifically in order to enable “dot-brands” to exist.
It would be pretty weird if, for example, L’Oreal was forced to make .loreal domains available via hundreds of registrars. By requesting an exception, L’Oreal has the chance to keep .loreal in-house.
However, because ICANN deliberately has made no distinction between commonly used words and brands (.amazon could be both), L’Oreal was also able to apply for .beauty as a single-registrant gTLD.
It’s not really a loophole — the possibility of companies applying for closed generics was envisaged by ICANN and the policy-making community long before the application window even opened.
Make no mistake, this is well-trodden ground. ICANN had plenty of opportunities to address the issue before the new gTLD application window opened a year ago and it quite consciously decided not to.
The feeling over the last couple of years has been that objection mechanisms such as the Community Objection, as well as GAC Advice, would be sufficient to close down these problematic gTLDs bids.
During the year-long community discussion about registry-registrar vertical integration, the possibility of closed generics was acknowledged and heavily debated.
The GNSO’s Vertical Integration Working Group failed to reach consensus on almost everything, but most of the recommendations emerging from it included some Code of Conduct exemptions for dot-brands.
Some in the WG suggested that the exemptions should only apply to true dot-brands (ie, those back up by a trademark) but ICANN decided against referring to trademarks when it wrote the Code of Conduct due to the very real possibility that it would encourage gaming by speculators.
That problem has not disappeared. While there’s no such gaming in the current batch of applications, there will be second and third and fourth application rounds that the rules being hastily debated at the last minute right now will also (presumably) apply to.
What do closed generic applicants want?
Some ICANN community members assumed that it would be the big domainer-backed companies (later emerging as Donuts, Uniregistry et al) that would attempt these kinds of land-grabs.
But that (so far) hasn’t turned out to be the case. The domainers have generally proposed registration policies that are super, super liberal in comparison to Google, Amazon and other closed-generic applicants.
I believe it’s partly because it’s these massively powerful e-commerce companies that are the ones making the land-grabs, and the scale of the grabs, that the issue of closed generics has reemerged now.
There are two broad use cases of concern here.
First, the .beauty scenario: L’Oreal keeps all the second-level .beauty domains to itself, essentially converting the word “beauty” into a brand name as far as the DNS is concerned.
Second, the .blog scenario: Google implements a policy that all .blog domains must use its Blogger service, potentially to the detriment of competitors such as WordPress or Tumblr.
In both scenarios, the bids could be rejected in their entirety as a result of formal objections, ICANN board action or Governmental Advisory Committee advice.
If the applications were approved, ICANN could also subjectively apply the ill-defined “public interest” test outlined above to force compliance with the Code of Conduct.
But that would merely lead to the bizarre scenario where 1,700 accredited registrars all qualify to sell .music domain names, but the only potential customer is Amazon.com’s intellectual property management department (which wants to run .music as a single-registrant gTLD).
As ICANN points out in its public comments request, the Code of Conduct regulates who can sell domain names in new gTLDs, not who they can sell them to.
The .blog scenario is a little different.
This is what Google, which has applied via its Charleston Road Registry subsidiary, has proposed (with my emphasis):

Should ICANN grant Charleston Road Registry’s exemption to the Code of Conduct, and the proposed gTLD operate with Google as the sole registrar and registrant, members of the public will not be able to directly register domain names in this new gTLD. Users will, however, be given the opportunity to make use of a vanity second-level domain as a memorable identifier linked to content in Blogger.

In other words, Google will “own” all the second-level .blog domains, but will allow Blogger customers to “use” them.
It looks like what it is: a transparently bogus attempted workaround of the Code of Conduct, designed to let Google exclude rival blogging services and independent, self-managed bloggers from .blog.
(Disclosure: DI is an independent, self-managed blog.)
However, I can’t see how what Google has proposed could possibly qualify for an exemption, which is only supposed to be granted provided the registry does not “transfer control or use of any registrations in the TLD to any third party”.
If sanity prevails, Google probably won’t qualify for an exemption.
But that won’t stop it tying .blog to Blogger.
The Code of Conduct, remember, is only concerned with equal, non-discriminatory access for accredited registrars. It does not speak to registry services or registry policies.
Google could possibly still have a registry policy stating that all .blog domains must point to Blogger.
In addition, Google could make the registration fee $0, making it unattractive for most registrars to carry (though I guess registrars could use it as a loss-leader, they wouldn’t be able to up-sell hosting and other services if all .blog domains have to use Blogger).
In conclusion
Applicants for closed generics paid millions of dollars to apply, using the rules set down in the Applicant Guidebook at the time, and I can’t see them being too happy about this eleventh hour surprise.
However, there can be little doubt that ICANN, if its role is to protect the public interest and consumer trust, has to seriously tackle the issue of closed generics.
But it has to address it in 2011.

Survey says 44% of brands to apply for gTLDs

Forty-four percent of major consumer brands plan to apply for dot-brand top-level domains, according to a survey carried out on behalf of Afilias.
The research, carried out in the UK and US by Vanson Bourne, found that only 82% companies were aware of their ability to participate in the the new gTLD program.
That’s a high number, but it still suggests that almost one in five companies are still completely oblivious about the program, despite months of media coverage and ICANN outreach.
Of those companies stating that they are aware of the program, 54% plan to apply and 40% are still thinking about it.
The survey covered 200 consumer-facing businesses with 3,000-10,000+ employees and was carried out in February.