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Donuts wins .doctor

Donuts has emerged the victor of the .doctor gTLD contention set.

Competing applicants Radix and The Medical Registry both withdrew their applications last week.

The string wasn’t due to head to its ICANN last-resort auction until May 25, indicating that the contention set was settled privately.

.doctor has been the subject of some controversy.

ICANN’s Governmental Advisory Committee had insisted that .doctor should be reserved purely for licensed medical doctors.

Donuts had complained that this would rule out use by any of the myriad other types of doctor, as well as registrants using “doctor” in a fanciful sense (like “rug doctor” or “PC doctor”).

ICANN initially accepted the GAC advice, but changed its mind this February, declining to impose such restrictive language on .doctor’s contractual Public Interest Commitments.

So it seems that .doctor will be generally unrestricted.

Donuts will have to sign up to the standard “Category 1” PICs, which require the registry to work with relevant regulatory bodies, however.

African brands wiped off the map as ICANN flips the kill switch on 10 gTLDs

Ten dot-brand gTLDs may never see the light of day, after ICANN sent termination notices to the applicants.

The move means that the number of African-owned dot-brand gTLDs to go live in the current round will be precisely zero.

The 10 affected gTLDs are .naspers, .supersport, .mzansimagic, .mnet, .kyknet, .africamagic, .multichoice, .dstv and .gotv, which were applied for by four South African companies, and .payu, which came from a Dutch firm.

In each case, the applicant had signed a Registry Agreement with ICANN in early 2015, but had failed to actually go live in the DNS within the required 12-month window.

All had deadlines in February or March but failed to meet even extended deadlines.

The condemned gTLDs make up more than half of the total applications originating in Africa.

Of the original 17 African applications, only ZACR’s .joburg, .capetown and .durban city gTLDs have actually been delegated.

Another application, the generic .ummah from Ummah Digital of Gambia, was withdrawn in 2013.

The League of Arab States’ .arab and عرب. are both currently in pre-delegation testing, having signed ICANN contracts in November.

The remaining two applications are both for .africa, which is currently stuck in litigation.

We’re looking at a maximum of six African-owned gTLDs, of a possible 16, going live in the 2012 round.

ICANN was criticized back in 2012 for not doing enough to raise awareness of the new gTLD program, criticisms that have been raised again recently as the community starts to seriously look at how things can be improved for the next round.

UPDATE: This article originally stated that .ummah was a dot-brand application. It was not. The text has been corrected accordingly.

.shop lawsuit falling to pieces

Kevin Murphy, April 29, 2016, Domain Policy

Commercial Connect’s lawsuit against ICANN appears to be on its way out, as ICANN claims the .shop applicant has “abandoned” the case.

The company sued ICANN in January in an attempt to prevent .shop gTLD being sold off via an ICANN last-resort auction.

It failed, and the auction raised a $41 million winning bid from GMO Registry.

It transpired that the company didn’t bother telling its lawyer that it had signed an agreement not to sue when it applied for .shop, and the lawyer jumped ship less than two weeks after the complaint was filed.

The lawyer told the court the waiver had been “buried among thousands and thousands of documents on a USB drive” and that he hadn’t noticed it before filing the suit.

In a court filing (pdf) yesterday, ICANN said that Commercial Connect had failed to secure a new lawyer, had failed to formally serve ICANN with the complaint, and had missed its April 25 deadline to argue against ICANN’s motion to dismiss the case.

For these reasons, it said, the case should be chucked.

Commercial Connect applied for .shop in 2000 and again in 2012 and has used every appeals mechanism and legal tool at its disposal in order to disrupt competing bids.

GMO’s .shop is currently in pre-delegation testing.

Two more dot-brands self-terminate

Kevin Murphy, April 29, 2016, Domain Registries

The dot-brand dead-pool is now up to three gTLDs.

FLSmidth, which supplies machinery to the cement industry, and Emerson Electric, which also makes industrial machinery, have both decided that they don’t need their new gTLDs.

The affected gTLDs are .flsmidth and .emerson.

Both companies have filed cursory notices of termination with ICANN, indicating that they no longer wish to have a new gTLD Registry Agreement.

Neither company has yet received a preliminary determination from ICANN, a step that will lead to a month-long public comment period before the contracts are terminated.

In Emerson’s case, .emerson has not been delegated so there will be no impact on the number of TLDs in the root.

FLSmidth’s dot-brand has been live since September 2014, but the company never made the transition away from its .com.

While registry reports show that six domains have been registered, its latest zone file shows only the obligatory nic.flsmidth domain is active.

The first new gTLD to cop out was .doosan, the dot-brand for Korean conglomerate Doosan. It took over four months from filing its notice last October to the TLD being retired.

.web has an auction date

Kevin Murphy, April 29, 2016, Domain Registries

The .web gTLD will go to auction July 27, according to ICANN.

The organization released an updated auction schedule (pdf) on Wednesday night that also slates .kids/.kid for an auction on the same day.

Both auctions have confusing “indirect contention” elements, where two strings were ruled confusingly similar.

With .web, it’s lumped in with Vistaprint’s application for .webs, which lost a String Confusion Objection filed by Web.com.

Under ICANN rules, .webs is confusingly similar to to Web.com’s .web, but not to the other six .web applications.

This means that Vistaprint and Web.com basically are fighting a mini contention set auction to see who gets their applied-for gTLD.

If Web.com wins the auction for .web, Vistaprint cannot have .webs. However, if any other .web applicant wins, Vistaprint can go ahead with .webs.

Either way, there will be a .web delegated this year. Google, Donuts, Radix, Afilias, Schlund Technologies, Nu Dot Co are all contenders.

In the case of .kids/.kid, the one applicant for .kid — Google — won SCOs against DotKids Foundation and Amazon by default because both .kids applicants failed to respond to the complaints.

DotKids Foundation recently lost a Community Priority Evaluation, enabling the auction to go ahead.

Because Google is in contention with both .kids applicants, only one of the two strings will ultimately be delegated — .kids and .kid will not coexist.

The only other scheduled auction right now is that of .doctor, which is planned for May 25. Radix, Donuts and The Medical Registry will fight it out in this rather less complex battle.

It’s worth noting that if any of these contention sets unanimously choose to resolve their differences via private auction, none of the ICANN auctions will go ahead.