Latest news of the domain name industry

Recent Posts

Three gTLD contracts to be renewed next week

Kevin Murphy, August 16, 2013, Domain Registries

ICANN is set to belatedly renew the .info, .org and .biz Registry Agreements next week, according to the just published agenda of its board of directors’ next meeting.

The .info and .biz contracts expired last year, while .org’s expired in April. All three were extended while ICANN and the registries — Afilias, Neustar and PIR — figured out how much of the new gTLD Registry Agreement to incorporate into the renewed deals.

They wound up agreeing to, among other things, mandating the use of the 2013 Registrar Accreditation Agreement in all three gTLDs, but only on the condition that Verisign agrees to the same terms for .com and .net.

The three contracts didn’t go far enough for some, such as the Intellectual Property Constituency, which wants new gTLD rights protection mechanisms such as Uniform Rapid Suspension to be added.

The approval of the three renewals is on the consent agenda for the ICANN board’s August 22 meeting, so it seems unlikely that there will be any huge changes to the previously published draft contracts.

Also on the agenda for next week are the redelegations of the ccTLDs for Botswana (.bw) and Portugal (.pt).

Artemis plans name collision conference next week

Kevin Murphy, August 16, 2013, Domain Tech

Artemis Internet, the NCC Group subsidiary applying for .secure, is to run a day-long conference devoted to the topic of new gTLD name collisions in San Francisco next week.

Google, PayPal and DigiCert are already lined up to speak at the event, and Artemis says it expects 60 to 70 people, many of them from major new gTLD applicants, to show up.

The free-to-attend TLD Security Forum will discuss the recent Interisle Consulting report into name collisions, which compared the problem in some cases to the Millennium Bug and recommended extreme caution when approving new gTLDs.

Brad Hill, head of ecosystem security at PayPal, will speak to “Paypal’s Concerns and Recommendations on new TLDs”, according to the agenda.

That’s notable because PayPal is usually positioned as being aligned with the other side of the debate — it’s the only company to date Verisign has been able to quote from when it tries to show support for its own concerns about name collisions.

The Interisle report led to ICANN recommending months of delay for hundreds of new gTLD strings — basically every string that already gets more daily root server error traffic than legitimate queries for .sj, the existing TLD with the fewest look-ups.

The New TLD Applicants Group issued its own commentary on these recommendations, apparently drafted by Artemis CTO Alex Stamos, earlier this week, calling for all strings except .home and .corp to be treated as low risk.

NTAG also said in its report that it has been discussing with SSL certificate authorities ways to potentially speed up risk-mitigation for the related problem of internal name certificate collisions, so it’s also notable that DigiCert’s Dan Timpson is slated to speak at the Forum.

The event may be webcast for those unable to attend in person, according to Artemis. If it is, DI will be “there”.

On the same topic, ICANN yesterday published a video interview with DNS inventor Paul Mockapetris, in which he recounted some name collision anecdotes from the Mesolithic period of the internet. It’s well worth a watch.

Chehade hopes for lower round two gTLD fees

Kevin Murphy, August 16, 2013, Domain Policy

ICANN CEO Fadi Chehade has said he hopes that new gTLD application fees will be lower in the second round.

Speaking to Marketplace in a brief audio interview yesterday, he said:

As we go to round two, which everyone is clamoring for us to open, we will reassess the costs. We are a non-profit and therefore if the learnings from this first round lead us to a different fee — and I hope personally a lower fee so more people can participate — we will adjust that as we go.

The fees in the current round were $185,000, though the refund schedule means only successful applicants pay the full fee.

I’ve heard a couple of murmurings recently — nothing concrete as yet — that the cost of the program is actually running quite close to the original expectations that set the fee at $185,000.

Many applications have been withdrawn very close to the deadline for receiving their full pre-Initial Evaluation result refund, when one assumes that most of the IE costs have already been incurred.

Dotless domains are dead

Kevin Murphy, August 16, 2013, Domain Policy

ICANN has banned dotless gTLDs, putting a halt to Google’s plans to run .search as a dotless search service and confounding the hopes of some portfolio applicants.

ICANN’s New gTLD Program Committee, acting with the powers of its board of directors passed the resolution on Tuesday. It was published this morning. Here’s the important bit (links added):

Resolved (2013.08.13.NG02), in light of the current security and stability risks identified in SAC053, the IAB statement and the Carve Report, and the impracticality of mitigating these risks, the NGPC affirms that the use of dotless domains is prohibited.

The current version of the Applicant Guidebook bans dotless domains (technically, it bans apex A, AAAA and MX records) but leaves the door open for registries to request an exception via Extended Evaluation.

This new decision closes that door.

The decision comes a week after the publication of Carve Systems’ study of the dotless domain issue, which concluded that the idea was potentially “dangerous” and that if ICANN intended to allow them it should do substantial outreach to hardware and software makers, essentially asking them to change their products.

The Internet Architecture Board said earlier that “dotless domains are inherently harmful to Internet security.”

Microsoft, no doubt motivated in part at least by competitive concerns in the search market, had repeatedly implored ICANN to implement a ban on security grounds.

Google had planned to run .search as a browser service that would allow users to specify preferred search engines. I doubt the dotless ban will impact its application’s chances of approval.

Donuts and Uniregistry, which together have applied for almost 400 gTLDs, had also pushed for ICANN to allow dotless domains, although I do not believe their applications explicitly mentioned such services.

First string confusion decisions handed down, Verisign loses against .tvs

Kevin Murphy, August 13, 2013, Domain Policy

The International Centre for Dispute Resolution has started delivering its decisions in new gTLD String Confusion Objections, and we can report that Verisign has lost at least one case.

ICDR expert Stephen Strick delivered a brief, five-page ruling in the case of Verisign vs. T V Sundram Iyengar & Sons yesterday, ruling that .tvs is not confusingly similar to .tv.

TVS is a $6-billion-a-year, 100-year-old Indian conglomerate, while .tv is the ccTLD for Tuvalu, which Verisign manages because of its similarity of meaning to “television”.

It’s impossible to glean from the decision (pdf) what Verisign’s argument comprised. The summary is just two sentences long.

But TVS, in response, appears to have relied to an extent on the “DuPont factors” a 13-point test for trademark confusion that came out of a 1973 case in the US.

That’s the same precedent that has been found relevant in many Legal Rights Objections in cases handled by WIPO.

The “discussion and reasons for determination” section of the .tvs decision, in which Strick found that confusion was possible but not “probable”, amounts to just four sentences.

Here’s almost all of it. Emphasis in original:

in order for the Objector to prevail, Objector must prove that the co-existence of the two TLDs in question would probably result in user confusion. Given the analysis of the thirteen factors cited by Applicant derived from the DuPont case cited above, I find that Objector has failed to meet its burden of proof regarding the probability of such confusion. I note that while the co-existence of the two TLDs that are the subject of this proceeding may result in confusion by users, Objector has failed to meet its burden of proof to establish the likelihood or probability that users will be confused.

In considering parties’ arguments, I was persuaded, in part, by Applicant’s arguments relating to the commercial impression of the TVS TLD, including the proof offered by Applicant as to the longevity of the TVS brand, the limited nature of the gTLD’s intended use, the dissimilarity of the goods or services associated respectively with the two strings, ie TVS’s association with automobile products, the fact that TVS’s brand is associated with capital letters (whereas Objector’s .tv is in lower case), the fact that TVS is well known and associated with its companys’ [sic] brands, the lengthy market interface and the long historical co-existence of TVs and tv without evidence of confusion in the marketplace.

The geeks among you will no doubt be screaming at your screen right now: “WTF? He thought CASE was relevant?”

Yes, apparently the fact that the TVS trademark is in upper case makes a difference, despite the fact that the DNS is completely case-insensitive. Bit of a head-scratcher.

I understand several more decisions have also been sent to applicants and objectors, but they’re not yet pubicly available.

The ICDR’s web site for new gTLD decisions has been down for several days, returning 404 errors.