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Hammock swings from Rightside to MarkMonitor

Kevin Murphy, September 5, 2017, Domain Registrars

Statton Hammock has joined brand protection registrar MarkMonitor as its new vice president of global policy and industry development.

He was most recently VP of business and legal affairs at Rightside, the portfolio gTLD registry that got acquired by Donuts in July. He spent four years there.

The new gig sounds like a broad brief. In a press release, MarkMonitor said Hammock will oversee “the development and execution of MarkMonitor’s global policy, thought leadership, business development and awareness strategy”.

MarkMonitor nowadays is a business of Clarivate Analytics under president Chris Veator, who started at the company in July.

Former MarkMonitor execs join new brand protection registrar

Kevin Murphy, August 30, 2017, Domain Registrars

Two former MarkMonitor executives have teamed up with a Fairwinds co-founder to launch a new “next generation” brand protection registrar.

The new company is Brandsight. It was set up by CEO Phil Lodico, who left brand consultancy Fairwinds about a year ago, and was accredited by ICANN earlier this month.

The first two hires are Matt Serlin, who until a couple months ago was VP of client services at MarkMonitor, and Elisa Cooper, who joins after being VP of marketing at the intellectual property management company Lecorpio.

Cooper, who also worked for MarkMonitor in the same position until a couple of years ago, will be Brandsight’s head of marketing and policy. Serlin will head up operations and client services.

The two told me yesterday that Brandsight will attempt to differentiate itself from its alma maters through a combination of better technology, expertise and use of data.

Both have many years experience in the domain industry and ICANN and, one imagines, thick contacts books of potential clients.

The Brandsight site, which went live today, will feature improved workflow via a streamlined user interface, they said.

The company also hopes “better leverage big data to help companies make better decisions and streamline processes around domain management”, Cooper said.

“Legacy registrars haven’t been focused on building new technology, some for almost 10 years,” she said.

It looks like it’s going to be a boutique operation at first — I believe Lodico, Serlin and Cooper are the only three employees right now — but Cooper said the plan is to staff up over the remainder of the year in areas such as sales.

The idea is to be a company that is purely focused on corporate domain services as its core competency, as opposed to what they called the “legacy” larger registrars that have domains as just one service among many, Cooper and Serlin said.

Brandsight is based in New York state and funded by private investors.

MarkMonitor tells .feedback to take a hike after “breach” claim

Kevin Murphy, April 25, 2017, Domain Registrars

MarkMonitor is to voluntarily terminate its registrar relationship with Top Level Spectrum after the .feedback registry hit it with a breach of contract notice.

Troy Fuhriman, director of domain management at the registrar, told DI today that the company has just sent TLS a letter stating that it no longer wishes to sell .feedback names.

TLS earlier this month accused MarkMonitor of breaking the terms of its Registry-Registrar Agreements by leaking details of that agreement to media outlets including yours truly.

While TLS CEO Jay Westerdal told DI that an apology from MarkMonitor would be enough to make the termination threat go away, MarkMonitor has clearly decided against that route.

“We’re going to terminate all accreditation agreements for .feedback,” he said. “In part it’s a response to ICANN’s finding that Top Level Spectrum violated its Pubic Interest Commitments, and what we believe is a retaliatory breach notification from them.”

MarkMonitor and a small posse of high-profile clients including Facebook recently won a Public Interest Commitment Dispute Resolution Policy complaint against .feedback, related to the transparency of its launch policies and pricing.

It was in that complaint that MarkMonitor released details contained in the RRA that TLS deemed to be confidential.

Terminating the agreement means that MarkMonitor will no longer be able to sell .feedback names as a registrar and will have to transfer its existing registrations to a different registrar.

Not many clients are affected. MarkMonitor had only 45 .feedback domains under management at the last count (which was still enough to make it the fourth-largest independent .feedback registrar).

Most of these domains will be moved to 101domain, which with fewer than 200 domains is still the leading .feedback registrar.

UPDATE: Westerdal says that MarkMonitor was in fact terminated on Monday. Neither party claims that MarkMonitor made any effort to comply with the breach notice by apologizing.

.feedback threatens to shut off MarkMonitor

Top Level Spectrum, the controversial .feedback gTLD registry, has threatened to de-accredit MarkMonitor unless it apologizes for “breaching” its registrar contract.

The move is evidently retaliation for the MarkMonitor-coordinated complaint about .feedback’s launch policies, which last month led to TLS being found in breach of its own ICANN contract.

De-accreditation would mean MarkMonitor would not be able to sell .feedback domains any more, and its .feedback names would be transferred to another registrar.

In a letter to MarkMonitor (pdf) yesterday, TLS informs the registrar that it breached its Registry-Registrar Agreement by releasing said RRA to “the press” as part of the exhibits to its Public Interest Commitments Dispute Resolution Policy complaint.

The problem we take issue with is that your exhibit should have redacted the “Confidential RRA Agreement” prior to being handed over to ” the press ” and it should have been marked in an appropriate way so ICANN would not publicly disclose it. As we can tell no precautions were taken and as a party to the action we find that you violated the confidentiality of the agreement.

I understand “the press” in this case includes DI and others. We published the document last October. We were not asked to keep anything confidential.

The RRA section of the document is marked as “private and confidential” and contains terms forbidding the disclosure of such information, but the name of the registrar is redacted.

TLS believes the undisclosed registrar is actually Facebook, a MarkMonitor client and one of the several parties to the PICDRP complaint against .feedback.

While Facebook may not have actually signed the RRA, MarkMonitor certainly did and therefore should not have released the document, TLS says.

The letter concludes that the “breach… seems incurable” and says: “Please let us know what actions you will take to cure this breach with us or we will have no other option but to de-accredited your Registrars.”

Despite this, TLS CEO Jay Westerdal tells us that an apology will be enough to cure the alleged breach.

The threat is reminiscent of a move pulled by Vox Populi, the .sucks registry, last year. Vox deaccredited MarkMonitor rival Com Laude in June for allegedly leaking a confidential document to DI (I was never able to locate or identify the allegedly leaked document, and had not published any document marked as confidential).

TLS was found in breach of the Public Interest Commitments in its ICANN contract last month by a PICDRP panel. It was the first registry to suffer such a loss.

The PICDRP panel found that .feedback’s launch had not been conducted in a transparent way, but it stopped short of addressing MarkMonitor’s complaints about “fraudulent” behavior.

.feedback gTLD in breach of contract after big brand “fraud” claims

Kevin Murphy, March 17, 2017, Domain Registries

ICANN has slapped .feedback operator Top Level Spectrum with a contract breach notice after a huge complaint about alleged fraud filed by a gang of big brands.

The company becomes the third new gTLD to be hit by a breach notice, and the first to receive one as a result of losing a Public Interest Commitments Dispute Resolution Process case.

While TLS dodged the “fraud” charges on a technicality, the breach is arguably the most serious found by ICANN in a new gTLD registry to date.

The three-person PICDRP panel found TLS was in violation of the following commitment from its registry agreement:

Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

But TLS dodged the more serious charges of “fraudulent” behavior, which it denied, largely on the technicality that its PICs only require it to bar its registrants from such behavior.

There’s nothing in the PICs preventing the registry from behaving fraudulently, so the PICDRP panel declined to rule on those allegations, saying only that they “may be actionable in another forum”.

The complainants, which filed their 1,800-page complaint in October, were MarkMonitor and a bunch of its clients, including Adobe, American Apparel, Best Buy, Facebook, Levi and Verizon.

They’d claimed among other things that 70% of .feedback domains were trademarked names actually registered by the registry, and that TLS had stuffed each site with reviews either paid for or scraped from services such as Yelp!.

They claimed that Free.Feedback, a free domains service hosted by an affiliated entity, had been set up to auto-populate Whois records with the names of brand owners (or whoever owned the matching .com domain) even when the registrant was not the brand owner.

This resulted in brand owners receiving “phishing” emails related to domains they’d never registered, the complainants stated.

TLS denied all all the allegations of fraud, but the PICDRP panel wound up not ruling on many of them anyway, stating:

the Panel finds that Respondent’s Registry Operator Agreement contains no covenant by the Respondent to not engage in fraudulent and deceptive practices.

The only violations it found related to the transparency of .feedback’s launch policies.

The panel found that TLS had not given 90 days notice of policy changes and had not made its unusual pricing model (which included an extra fee for domains that did not resolve to live sites) transparent.

The registry had a number of unusual launch programs, which I outlined in December 2015 but which were apparently not adequately communicated to registrars and registrants.

The panel also found that Free.Feedback had failed to verify the email addresses of registrants and had failed to make it easy for trademark owners to cancel domains registered in their names without their consent.

Finally, it also found that TLS had registered a bunch of trademark-match domain names to itself during the .feedback sunrise period:

self-allocating or reserving domains that correspond to the trademark owners’ marks during the Sunrise period constitutes a failure by the Respondent to adhere to Clause 6 of its Registration and Launch policies, versions 1 and 2. According to the policies, Sunrise period is exclusively reserved for trademark owners

TLS, in its defense, denied that it had self-allocated these names and told the panel it had “accidentally” released them into the zone file temporarily.

As a result of the PIC breaches found by the panel, ICANN Compliance has issued a breach notice (pdf) against the company.

To cure the breach, and avoid having its Registry Agreement taken away, TLD has to, by April 15:

Provide ICANN with corrective and preventative action(s), including implementation dates and milestones, to ensure that Top Level Spectrum will operate the TLD feedback in a transparent manner consistent with general principles of openness and nondiscrimination by establishing, publishing and adhering to clear registration policies;

That seems to me like it’s probably vague enough to go either way, but I’d be surprised if TLS doesn’t manage to comply.