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Who’s objecting to .sport, .health, .kids and more

Kevin Murphy, August 2, 2012, Domain Registries

Today, the number of comments filed with ICANN on new gTLD applications surpassed the number of applications themselves, and we’re now starting to see more significant objections.

At the time of writing, 1,939 comments have been filed on 584 applications by 834 unique individuals and organizations.

Here are some recent comments from notable organizations.

Save the Children

The international charitable non-governmental organization Save the Children has expressed concerns about all four .health applications.

Here’s a snippet:

The health Internet is a vital means of health information access worldwide. Thus, “.health” and health related top level domains should be trusted and reliable resources which take the public interest into account and are based on broad-based, multi-stakeholder consensus. In this regard, it is particularly worrying that the current applicants intend to sell the “.health” gTLD on a ‘first-come, first-served’, wholesale and auction basis, placing private interests ahead of the public interest.

We urge ICANN to postpone the assignment of “.health” until such time as following broad-based consultation of the health community, including the public and private sectors, adequate baseline conditions for their operation are elaborated and their implementation and observance is ensured.

The same comment was filed by International Medical Informatics Association, indicating an orchestrated campaign is underway.

All were filed as Community Objection Grounds, suggesting that .health could run into objection delays down the road.

But Save the Children, which has better things to do with its money, may not necessarily object itself. I’d say .health is a prime candidate for a community-based intervention by the Independent Objector.

I’m also expecting the Governmental Advisory Committee to take a healthy interest in these applications.

International Olympic Committee

The International Olympic Committee has, as expected, thrown its support behind the .sport application filed by SportAccord, which already has strong ties with the Olympic movement.

There are only two applications for .sport (though Donuts is going for .sports) and while SportAccord’s is a community-based bid, a successful Community Priority Evaluation is by no means assured.

However, if the IOC is half as belligerent about .sport as it has been about the new gTLD program in general then I expect Famous Four Media, the other .sport applicant, has a fight on its hands.

Notably, the IOC invokes ICANN’s new IANA contract to back up its claim that SportAccord should be the rightful owner of .sport:

new IANA contractual requirements require ICANN in connection with new gTLDs to document “how the process provided the opportunity for input from relevant stakeholders and was supportive of the global public interest. “ Therefore, SportAccord is the only applicant for the .SPORT gTLD which can serve the global public interest in connection with the operation of the gTLD on behalf of the global sports community.

Lego Juris

Lego Juris, the extremely brand-conscious producer of overpriced kids’ building blocks, has filed complaints about 80 applications, all of which appear to be the same form letter.

As you might imagine from the most prolific filer of UDRP complaints in history, Lego’s primary concern is cybersquatting and preventing the need for defensive registrations.

Here’s Lego’s comment:

While we of course support enhanced fair competition, we call on the evaluators to ensure the maintenance of a clean Internet space by impressing on the new registries the importance of not accepting second level names within their gTLDs that may be confusingly similar to our trade marks, especially from applicants believed to be registering in bad faith.

To avoid consumer confusion and the wasted resources of needless dispute resolution procedures, legal actions and defensive registrations (none of which benefit consumers), as well as proving to the entire community that the registries do wish to act in good faith in a clean space, we request that new registries develop “blocked” lists of brand names that should not be registered absent evidence of good faith. Such lists could take the form of “white lists” at the second level that could only be lifted if requested by and for the brand owner.

This comment was filed against .kids, .group, .inc, .gmbh, .discount, .deals, .direct and many, many more.

All of these comments, incidentally, are logged in the DI PRO new gTLD application database.

Rumor sites fair game under UDRP

Kevin Murphy, February 14, 2011, Domain Policy

Could Apple shut down MacRumors.com using the Uniform Dispute Resolution Policy?

That seems like a fair interpretation of a recent WIPO decision over the domain name LegoRumors.com, which was handed over to Lego Juris, maker of the popular toys.

LegoRumors.com leads to blog-style news site, not many months old, that reports on Lego products.

The site is a bit of a mess – poorly written, spammy, and ad-heavy. You’d have to be nuts to think it was an official Lego site.

It does appear to contain original content, and does not look to me like the kind of clear-cut cybersquatting that the UDRP was intended to address.

Lego succeeded in seizing the domain, regardless. The WIPO panelist (in a decision that could also have used a run through a spell-checker) found:

The disputed domain name consists of two different words, one consisting of the Complainants registered trademark and other of a generic term “rumors”. The Panel considers that the addition of the generic denomination, especially when added to a famous trademark is not sufficient to avoid confusion.

Pay attention, “rumors” sites.

The panelist also found that the domain name was registered in bad faith, on the basis that the registrant clearly was aware of Lego’s trademark (because he’s writing about Lego) and because the site contained sponsored links to potential competitors.

Apply this logic to MacRumors.com, which knowingly uses an Apple trademark in its domain name, writes about Apple products, and currently shows ads for BlackBerry and Adobe products that compete with Apple.

I’m not suggesting for a second that MacRumors is in any danger of losing its domain, but if the UDRP was implemented equitably, this case could be seen as scary precedent.

IP lawyers call for halt to new TLDs

Kevin Murphy, January 13, 2011, Domain Registries

Some trademark interests are ratcheting up the rhetoric in opposition to ICANN’s new top-level domains program, with one company calling for it to be scrapped altogether.

While ICANN’s extended public comment period on the proposed final Applicant Guidebook does not end until the weekend, a Danish bloc of companies has already made its objections known.

The most vociferous views so far this week have come from Lundbeck, a drug company that researches treatments for diseases such as Alzheimer’s and Parkinson’s.

Lundbeck trademark counsel Søren Ingemann Larsen accused ICANN of operating “fake” comment periods that ignore feedback from the trademark lobby.

In a cap-happy missive, he said the program should be “HALTED” until ICANN can prove the domain market lacks competition, then “cancelled” if such proof is not forthcoming.

The fact of the matter is that the only entities that are in favour of the Program are the ones who can make money out of it, and that is ICANN and the Registrars. The “internet community”, including private users and brand owners, are NOT interested.

Lundbeck, which has brands such as “Cipralex” and “Xenazine”, does not appear to be a major target for cybersquatters, judging by how many UDRP complaints it has filed (none).

It did however join CADNA, the Coalition Against Domain Name Abuse, at the same time as prolific UDRP user Lego Juris, last November.

Lego, and a few other companies submitting virtually identical comments to ICANN this week, have reiterated criticisms of the program’s trademark protections expressed in previous months.

But they have now also seized upon elements of the latest independent economic report into the costs and benefits of new TLDs, which ICANN published last month.

One extract Lego and the others quote questions whether new TLDs are needed to provide some of the services proposed by community TLD wannabes:

Are there other ways to achieve the primary objectives of the proposed gTLD, such as: (a) second-level domain names; (b) certificates; (c) software tags; and (d) filters that look at content beyond the URL and any tags? How do the alternatives, if any, compare in terms of their likely effectiveness in achieving the primary objectives of the gTLD and the costs they would impose on different members of the Internet community?

It’s an interesting argument – that a community TLD could just as well operate as a second-level domain – not one I recall reading in a long while. I don’t think it has legs.

Lego files a UDRP complaint every three days

Kevin Murphy, November 1, 2010, Domain Policy

Lego, maker of the popular building block toys, is rapidly becoming one of the most UDRP-happy big-brand trademark holders.

The company recently filed its 150th claim, and has so far recovered well over 250 domains that included its trademark.

With over 100 UDRPs filed so far in 2010, that works out to an average of roughly one complaint every three days, and a total spend easily into the hundreds of thousands of dollars.

Its success rate to date is 100%, with no complaints denied.

Its successfully recovered domains include oddities such as legogiraffepenis.com, which appears to be based on this amusing misunderstanding.

If Lego keeps up its current rate of enforcement, it will likely pass Microsoft in the next few months in terms of total cases filed. It’s already filed more than Yahoo and Google.

But it still has a long way to go to catch up with AOL, possibly the most prolific UDRP complainant, which has close to 500 complaints under its belt.