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ICANN says “no impact” from TMCH downtime

The 10-hour outage in the Trademark Clearinghouse’s key database had no impact on domain registrations, ICANN says.

We reported earlier this week that the TMCH’s Trademark Database had been offline for much of last Friday, for reasons unknown.

We’d heard concerns from some users that the downtime may have allowed registrants to register domain names matching trademarks without triggering Trademark Claims notices.

But that worry may have been unfounded. ICANN told DI:

The issue occurred when two nodes spontaneously restarted. The cause of this restart is still under investigation. Although both nodes came back up, several services such as the network interface, TSA Service IP and the SSH daemon did not. All TMDB Services except the CNIS service were unavailable during the outage. From a domain registration point of view there should have been no impact.

CNIS is the Claim Notice Information Service, which provides registrars with Trademark Claims notice data.

Concern over mystery TMCH outage

Kevin Murphy, May 20, 2015, Domain Tech

The Trademark Clearinghouse is investigating the causes and impact of an outage that is believed to have hit its primary database for 10 hours last Friday.

Some in the intellectual property community are concerned that the downtime may have allowed people to register domain names without receiving Trademark Claims notices.

The downtime was confirmed as unscheduled by the TMCH on a mailing list, but requests for more information sent its way today were deflected to ICANN.

An ICANN spokesperson said that the outage is being analyzed right now, which will take a couple of days.

The problem affected the IBM-administered Trademark Database, which registrars query to determine whether they need to serve up a Claims notice when a customer tries to register a domain that matches a trademark.

I gather that registries are supposed to reject registration attempts if they cannot get a definitive answer from the TMDB, but some are concerned that that may not have been the case during the downtime.

Over 145,000 Claims notices have been sent to trademark owners since the TMCH came online over a year ago.

(UPDATE: This story was edited May 21 to clarify that it is the TMCH conducting the investigation, rather than ICANN.)

First new gTLD cybersquatting case goes to IBM

Kevin Murphy, February 14, 2014, Domain Policy

IBM has won the first Uniform Rapid Suspension case to be filed against a new gTLD domain name.

National Arbitration Forum panelist Darryl Wilson handed down the perfunctory decision February 12, just seven days after IBM complained about ibm.ventures and ibm.guru.

Both domains have now been suspended, redirecting to a placeholder web site which states:

This Site is Suspended

The Domain Name you’ve entered is not available. It has been taken down as a result of dispute resolution proceedings pursuant to the Uniform Rapid Suspension System (URS) Procedure and Rules.

For more information relating to the URS, please visit: http://newgtlds.icann.org/en/applicants/urs

It was a slam dunk case, as you might imagine — the URS is designed to handle slam-dunk cases.

The registrant, who we estimate spent $2,500 on the two names, did not do himself any favors by redirecting both names to IBM’s .com site.

As we and Wilson both noted, this showed that he’d registered the names with IBM in mind.

IBM’s mark is included in the Trademark Clearinghouse, so the registrant will have been given a warning at the point of registration that he may be about to infringe someone’s IP rights.

Since the names were registered IBM, we’re told, has purchased a Domain Protected Marks List block from the registry, Donuts, which will prevent the names being re-registered when they expire.

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

Kevin Murphy, February 6, 2014, Domain Registries

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.

New gTLD launches: registrar coverage at less than 40% of the market

Kevin Murphy, January 7, 2014, Domain Registrars

Registrars representing less than 40% of the gTLD market are ready to offer new gTLDs during their launch phases, according to the latest stats from ICANN.

ICANN released yesterday a list (pdf) of the just 21 registrars that have signed the 2013 Registrar Accreditation Agreement and have been certified by IBM to use the Trademark Clearinghouse database.

Signing the 2013 RAA is a requirement for registrars that want to sell new gTLDs. Almost 150 registrars are currently on the new contract.

But being certified for the TMCH is also a requirement to sell names during the first 90 days of each new gTLD’s general availability, when the Trademark Claims service is running.

Together, the 21 registrars that have done both accounted for 59 million registered gTLD domain names (using August’s official numbers), which translated to 39.5% of the gTLD market.

It’s a high percentage due to the presence of Go Daddy, with its 48.2 million gTLD names. The only other top-10 registrar on the list is 1&1.

Twelve of the 21 registrars on the list had fewer than 40,000 names under management. A couple have fewer than 100.

Only one new gTLD, dotShabaka Registry’s شبكة., is currently in its Trademark Claims period.

The second batch, comprising Donuts’ first seven launches, isn’t due to hit until January 27, giving just a few weeks for the certified list to swell.

There’ll be 33 new gTLD in Claims by the end of February.

The rate at which new registrars are being certified by IBM is not especially encouraging either. Only four have been added in the last month.

Some registrars may of course choose to work via other registrars, as a reseller, rather than getting certified and doing the TMCH integration work themselves.

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