Registrant complains to ICANN over Uniregistry’s premium names

Kevin Murphy, April 22, 2014, Domain Registries

A would-be new gTLD registrant has appealed to ICANN over the domain name moviestar.photo, which she was unable to register because Uniregistry had reserved it as a premium name.

Danielle Watson filed a formal Request for Reconsideration (pdf) with ICANN last week, in the mistaken belief that ICANN had placed the domain she wanted on one of its block-lists.

She described her predicament thus:

a. Website Name Registration: I purchased one of the new gTLD domain names ending in .photo from 101domain.com on April 2, 2014. Moviestar.photo

b. I received an email on April 14, 2014 stating that ICANN kept this name from being registered in my name, and I would receive a refund in which I did.

c. I cannot understand why this name is being withheld, and being put into your reserve list.

d. I take very old Movie Stars photos and colorize them and put old fashioned frames around them and sell them at craft fairs locally. This name would have been a perfect fit for my use and sales. Please reconsider my request to be reconsidered and the name moviestar.photo reinstated/registered in my name with 101domain.com

Correspondence from 101domain provided by Watson (pdf) does not mention ICANN, so I’m not sure how she came to the conclusion that ICANN was to blame.

I fear she has targeted ICANN incorrectly.

The DI PRO name collisions database shows that the string “moviestar” has been blocked by ICANN’s policy on collisions in 15 new gTLDs, but Uniregistry’s .photo is not one of them.

Whois records show that moviestar.photo is in fact registered to North Sound Names. That’s the name of the Uniregistry affiliate currently in control of tens of thousands of Uniregistry premium names.

The RfR is not the venue for this kind of complaint and it’s likely to be dismissed for that reason. There’s not much ICANN can do about it.

Perhaps Watson would have better luck writing a begging letter to Uniregistry CEO Frank Schilling, who has indicated his willingness to allocate premium names to deserving users.

Belgium comes out against Donuts’ .spa bid

Kevin Murphy, April 15, 2014, Domain Policy

Belgium wants Donuts’ application for .spa rejected after the new gTLD applicant declined to sign a deal with the city of Spa.

In a March 20 letter to ICANN, published today, the Belgian deputy prime minister Johan Vande Lanotte said “negotiations between the stakeholders are closed”, adding that Belgium:

requests the Board of Directors of the ICANN to delegate the new “.spa” gTLD to the candidate who has a formal agreement with the local authorities of Spa and in respect of the public interest.

That’s the other applicant in the two-horse .spa race, Asia Spa and Wellness Promotion Council, which has promised to earmark up to 25% of its European profits to spa-related uses in the environs of Spa.

The letter was sent a week before the Governmental Advisory Committee issued its Singapore communique, which noncommittally noted that it “welcomes” the agreement between Spa and ASWPC.

ICANN may or may not be currently in receipt of firm, consensus GAC advice to accept or reject either of the remaining .spa applications.

In Beijing a year ago, the GAC put .spa on a list of gTLD strings where “further GAC consideration may be warranted” and asked ICANN to “not proceed beyond Initial Evaluation”.

At the Durban and Buenos Aires meetings last year the GAC said ICANN should not “proceed beyond initial evaluation until the agreements between the relevant parties are reached.”

Given that Donuts and Spa evidently cannot come to an agreement, ICANN presumably remains advised to keep one or both .spa applications on hold. The advice is pretty vague.

The string “spa” is not a geographic name within the rules of the new gTLD program. Donuts argues that it’s too generic nowadays to belong just to Spa.

Geo gTLDs catch a break with new launch rules

Kevin Murphy, April 11, 2014, Domain Policy

New gTLDs with a geographic or community focus have won concessions from ICANN under new rules published today.

All new gTLD registries will be able to allocate names to public authorities, matching for example district names or landmarks, even if those names match trademarks in the Trademark Clearinghouse.

The change came in the final version of the Qualified Launch Program guidelines, which spells out how new registries are able to allocate up to 100 names, pre-sunrise, to anchor tenants.

The new language related to public authorities reads says that any registry, may give names to any “international, national, regional, local or municipal governmental authority”.

Such domains must match “the name of a building, park, monument, airport or other public place… region, city, street, district or other geographic area” operated by the authority, the name or acronym of the authority itself, or the name of one of its public services.

The carve-out would allow (to use a Minds + Machines example), the .london registry to give thepolice.london to the Metropolitan Police, even if the Sting-fronted band The Police had a matching mark in the TMCH.

The newly amended rules apply to all new gTLDs, not only those that were classified as “geographic” under ICANN’s rules. So they would apply to .scot, for example, even though it’s not strictly a geographic name.

But the QLP still would prevent registries allocating a TMCH-listed string to anyone prior to their sunrise period concluding, unless the entity getting the name also owned the TMCH listing.

The new QLP rules are available here.

Famous Four wins .party gTLD contest

Kevin Murphy, April 11, 2014, Domain Registries

Famous Four Media has won the .party new gTLD contention set after coming to a private agreement with the only other applicant for the string, Oriental Trading Company.

Financial details of the arrangement were not disclosed.

Oriental Trading is a supplier of party goods that intended to run the gTLD as closed, single-registrant namespace.

But Famous Four expects the open .party registry to be used for parties in the social gathering and political senses of the word.

It now has 13 uncontested applications and 44 more outstanding.

In related news, Minds + Machines today announced that it intends to take at least three of its applications — .garden, .property, and .yoga — at a private auction April 22 managed by Applicant Auction.

Republicans advance “embarrassing” DOTCOM Act

Kevin Murphy, April 10, 2014, Domain Policy

Republican US Congressmen today voted to advance the DOTCOM Act, which would add a delay of up to a year to the IANA transition.

The Communications and Technology Subcommittee voted 16 to 10, split directly along party lines, to advance the bill to the next stage of the US legislative process.

The bill (pdf) has been changed since last time I reported on it. For ICANN, the change is for the worse.

It would now block the National Telecommunications and Information Administration from approving ICANN’s proposal for an NTIA-free future for up to one year while the General Accounting Office prepares an analysis.

In the first draft, that delay would begin at the moment the bill hit the statute books. Now, the clock starts when the proposal is made.

Democrats on the subcommittee, who had four amendments shot down by the Republican majority during a markup session today, said the bill makes a mockery of the multistakeholder process they all profess to endorse.

Ranking member Anna Eshoo noted that Democrats supported a GAO report, but did not want the NTIA’s hands tied.

She reminded her opponents that they had all voted for a bill in 2012 — shortly before the International Telecommunications Union met for its WCIT conference — affirming the United States government’s commitment to multistakeholder management of the internet.

“Today you are unraveling exactly what you voted for,” she said, accusing Republicans of seeing “black helicopters” and a “conspiracy” by President Obama to give the internet to authoritarian regimes.

“It’s a source of embarrassment for a committee that has for the most part operated in a very respectful bipartisan way,” he said.

Republicans in response said that it is not unreasonable to request a GAO report, to help them understand the possible consequences of the IANA transition.

Rep John Shimkus, the primary sponsor of the DOTCOM Act, said that the forced delay was needed to give the bill “teeth”. Without it, he said, the GAO report could come after the IANA transition has already taken place.

In a concurrent hearing elsewhere on Capitol Hill, ICANN CEO Fadi Chehade was busy explaining to a different committee why he could not support the bill.

The DOTCOM Act would give the impression that the US government does not take the multistakeholder model seriously and does not trust ICANN, he said.

While Republicans may feel like the bill will keep the DNS root out of the hands of Russia and China, what they’re actually doing is giving those nations fuel for their power grabs in government-led international fora such as the ITU, in other words.

The DOTCOM Act is not yet law. It still has to go through the full House (Republican-controlled) and Senate (Democrat-controlled) and be signed by President Obama (China-controlled) before it hits the statute books.