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Could litigation delay ICANN’s new TLDs?

Kevin Murphy, May 27, 2010, Domain Registries

Intellectual property lawyers are wondering aloud about the possibility of ICANN being sued in order to delay the launch of new top-level domains.
The idea was raised during a panel at the annual meeting of INTA, the International Trademark Association, in Boston yesterday, according to its daily newsletter (pdf).
Kristina Rosette of the law firm Covington & Burling reportedly “suggested litigation is a possibility to slow down the application launch. One source of litigation could be trademark owners, worried about mass cybersquatting”.
That’s reported speech, by the way, not a quote. The article does not make clear the context.
Rosette is Intellectual Property Constituency representative for North America on ICANN’s GNSO Council.
The IP community is worried that the launch of new TLDs will lead to companies splurging more money unnecessarily on defensive registrations.
The current best, arguably most optimistic guess on the new TLD timeline comes from registry hopeful Minds + Machines. M+M has applications opening next April.
A delay in the launch of new TLDs would hurt most the startup companies that intend to apply for them, and the service providers and consultants hoping to facilitate the launches.
Some of these companies make minimal revenue, are dependent on funding, and would prefer applications open sooner rather than later.

AusRegistry scores Japanese .brand deal

Kevin Murphy, April 28, 2010, Domain Registries

AusRegistry, the .au registry, has inked a deal with Brights Consulting, a company offering .brand domain services to the Japanese corporate market.
The company said the deal will mean AusRegistry will provide the technical back-end for any successful new gTLD applications that Brights manages to secure.
Other companies competing for new gTLD business include old hands VeriSign, Neustar and Afilias, as well as hungry newcomers such as Minds + Machines.
AusRegistry currently manages Australia’s .au, .qa for Qatar and .ae for the United Arab Emirates.
Brights is a corporate, rather than retail, ICANN registrar. I may be wrong, but it looks like the company counts Sony among its clients.
Could there be a .sony on the horizon?

TLDH sells off domain portfolio, waits for new TLDs

Kevin Murphy, April 15, 2010, Domain Registries

Top Level Domain Holdings has reported blah revenue for its fiscal 2009, as it reorganized itself in preparation for ICANN’s forthcoming new gTLD round.
The company, which owns registry services firm Minds + Machines and has interests in dotNYC and DotEco, is listed on London’s low-cap AIM market.
It today reported revenue for the 12 months to October 31, 2009 of £315,000 ($487,000), up from £232,000 ($358,000) a year earlier, with an operating loss of £1.4 million, ($2.2 million) down from £1.5 million ($2.3 million).
TLDH also revealed that it sold off its entire parked domain name portfolio for $250,000 last November, after the end of its financial year, after it found parking revenue on the decline:

The Company’s domain name portfolio comprising mainly German and other European parked domain names that receive direct navigation and search traffic which can be monetized through search links to generate click-through advertising revenues generated a lower revenue in the period and were subsequently sold following the period end for US$250,000 in cash.

TLDH recorded an impairment charge of £154,000 ($238,000) for this transaction, suggesting the company sold its portfolio for approximately half of its previously reported paper value.
The firm says its strategy is “to build a portfolio of gTLD applicants and infrastructure technologies”, and believes ICANN’s recent Nairobi meeting decisions continued “a trend of increasing the barriers to application for non-experts”.
TLDH still looks like it has more than enough cash on hand to see it through to when ICANN begins officially accepting new TLD applications, barring further delays, with £4.3 million ($6.6 million) in the bank at the end of October.

New gTLDs will cost $155 billion, honest

Kevin Murphy, April 6, 2010, Domain Registries

A report out from the Coalition Against Domain Name Abuse, which pegs the cost of first-round new gTLD defensive registrations at $746 million, has set eyes rolling this evening.
CircleID rather oddly compares it to a recent Minds + Machines study, “predicting new gTLDs will only cost $.10 per trademark worldwide.”
Apples and oranges, in my view.
But numbers are fun.
My own estimate, using data from both CADNA and M+M, puts the total cost of new gTLDs defensive registrations at $155.85 billion.
For the avoidance of doubt, you should (continue reading)

What’s wrong with M+M’s defensive reg report?

Kevin Murphy, February 28, 2010, Domain Policy

Minds + Machines has released a report into defensive domain name registrations by the largest 100 US companies. While I generally agree with its conclusions, I’m pretty certain I don’t trust the numbers.
The company, which has a financial interest in the new gTLD launches, plugged 1,043 Fortune 100 brands into DomainTools.com in order to figure out how many of them were registered.
(continue reading)