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Deloitte brand list encourages UDRP claims

Kevin Murphy, March 31, 2010, Domain Policy

The number of UDRP claims a company files will help it qualify for a list of 100 brands that qualify for special protection in new gTLD launches.

Deloitte’s new brand list, expected to be published within a week, was created in response to ICANN’s call for a “globally protected marks list” or GPML, that new gTLDs can use in their sunrise periods.

The number of times a brand has been subject to a UDRP complaint is one of four criteria Deloitte is using for inclusion on the list.

.CO Internet, manager of the newly relaunched .co ccTLD, is already using the list in its sunrise period, referring to it as a “Specially Protected Marks” list.

Deloitte is more cautious, pointing out that while it was designed to fulfil some of the objectives of the ICANN GPML, it is not “the” GPML.

The company says: “the list published by Deloitte specifically intends to provide a fair view on which brands stand out in the safeguarding and enforcement of rights in the context of domain names.”

To make it onto the list, brands are assessed on these criteria: the web site’s ranking, the number of trademarks registered worldwide, whether the brand has participated in a previous sunrise, and how often the brand is cybersquatted.

For this last criterion: “Deloitte has reviewed in particular how many times a certain trademark has been invoked in the context of domain name dispute resolution proceedings, in particular in UDRP.”

WIPO wants tougher cybersquatting rules on new gTLDs

Kevin Murphy, March 29, 2010, Domain Registries

The World Intellectual Property Organization reckons ICANN should toughen its stance against new gTLD registries that allow cybersquatting.

The “trademark post-delegation dispute resolution procedure” or Trademark PDDRP would let trademark holders try to suspend new TLDs and receive compensation when a registry allows cybersquatting.

WIPO wants the burden of proof on trademark holders relaxed, making it much easier to file complaints.

Currently, the draft process would require complainants to show registries’ “specific bad faith intent” to profit from cybersquatting.

WIPO thinks this should be broadened to include deliberate recklessness.

“In seeking to give meaning to ‘intent,’ the criteria should, without as such imposing or implying any sweeping registry policing duty, also encompass instances of willful blindness,” WIPO wrote.

The comments came in response to ICANN’s public comment period on the process, which closes on Thursday.

ICM says ICANN’s options for .xxx are ‘unacceptable’

Kevin Murphy, March 28, 2010, Domain Registries

ICM Registry has issued a speedy response to ICANN’s .xxx approval options paper, calling it “unacceptable” and urging the ICANN board to put the issue to bed ASAP.

Late Friday, ICANN published a flowchart outlining the possible ways the board could handle .xxx in the light of February’s Independent Review Panel decision, which found ICANN acted unfairly when it rejected the TLD in 2007.

ICM president Stuart Lawley said in a letter to ICANN today that most of the paths through the flowcharts “are in many respects substantively and procedurally inconsistent with the IRP declaration”.

The company believes the IRP decision resets the approval process to prior to the 2007 decision, when the two parties were in contract talks for an already-approved TLD.

The letter claims that “it would be inappropriate, illegal and inconsistent with ICANN’s core values and model of self governance for ICANN to set up an evaluative process that is lacking in objectivity and that does not affirmatively give effect to the underlying IRP declaration”.

There are presumably few people involved with ICANN in any doubt that ICM intends to take its case to the ‘proper’ courts if needs be, which is probably why its powers-that-be have been unwilling to meet with the company.

As I reported Friday, the options paper creates the possibility of re-evaluating the .xxx application under the Draft Applicant Guidebook v4 for new gTLDs, which is not yet completed.

It also suggests that ICANN will have to ask its Governmental Advisory Committee for its current opinion on the application, a move likely to stretch out a decision for months.

It also has an option to expedite the approval based on the “sponsored” TLD process under which ICM, and others such as .post and .asia, originally applied.

ICM’s latest letter is here. ICANN’s options paper can be found here. The public comment period is open here. Unlike many ICANN comments periods, it has comments.

ICANN may kick .xxx into new gTLD round

Kevin Murphy, March 27, 2010, Domain Registries

ICANN has chosen to deal with the controversial .xxx TLD application by leaving essentially all options, including urging it into the next gTLD round, wide open.

ICM Registry had pushed for a speedy resolution to its long-running application, following the Independent Review Panel decision that went in its favour last month, but it hasn’t got one.

In Nairobi, ICANN’s board asked ICANN’s staff to tell it what its options were for dealing with the ruling, and staff today responded with this flowchart. Oh, and this flowchart.

It seems that these options are still on the table: (continue reading)

The most confusing new gTLDs (allegedly)

Kevin Murphy, March 26, 2010, Domain Registries

I don’t know how I missed it until today, but I’ve discovered ICANN has a web-based tool that will be used to determine whether new gTLDs could be confused with existing strings.

The Sword Group algorithm compares applied-for strings with a list of existing TLDs and reserved words such as “icann” and “ripe”.

It looks for “visual similarity”, which means not only common sequences of characters but also the pixel-by-pixel similarities of each character.

Numerical scores are assigned. Any match scoring below 30 is not considered worthy of reporting.

As an experiment, I ran each of the strings on newTLDs.tv’s list of publicly announced TLD hopefuls through the available “pre-production” algorithm.

Here are my findings.

1. The algorithm is pretty much worthless. (continue reading)

Is Go Daddy’s size a competition concern?

Kevin Murphy, March 17, 2010, Domain Registrars

Go Daddy is undoubtedly the runaway success story of the domain name industry.

It may not be as big as VeriSign, but unlike VeriSign it was not simply handed a multi-billion dollar resource to manage. It was essentially scratch-built. It didn’t even have first-mover advantage – Register.com and Network Solutions had that, and Go Daddy’s been eating their lunches for years.

The company has got where it is today through, in my opinion, a combination of cheap prices, decent customer service and populist marketing. Mainly the cheap prices, but I doubt that putting a great big pair of boobs on TV during the Super Bowl can have hurt sales.

But how big is the company? And with the introduction of new gTLDs, is its size now a cause for concern? (continue reading)

Canon to apply for .canon

Kevin Murphy, March 16, 2010, Domain Registries

Japanese printer maker Canon has become the first global brand to throw its hat into the new gTLD ring.

The company said in a press release today that it will apply for .canon as soon as ICANN finalises the process for doing so.

From the release:

Canon has made the official decision to begin necessary procedures to acquire “.canon” upon the introduction of the new system. Following approval for the new gTLD system, which is expected to take place after the latter half of 2011, Canon will make full use of the new domain name to increase the convenience and effectiveness of its online communications.

Medieval battle recreation societies are unlikely to provide much competition for the string.

Oscar winners show desire for .movie

As a bit of a film buff, I’ve always thought the case for a .movie gTLD was a slam-dunk.

I’d really rather see movie posters containing URLs like sherlock.movie rather than sherlock-holmes-movie.warnerbros.com.

I thought I’d figure out how many of last night’s Oscar nominees managed to secure movietitle.tld for their official web sites and how many went for other options. (continue reading)

Cyber cop wants Whois privacy shake-up

Kevin Murphy, March 7, 2010, Domain Policy

Registrars should be made to police Whois so cops can take down illegal sites faster, even if domain name prices have to go up as a result, ICANN’s Government Advisory Committee has been told.

Speaking at the GAC hearing on new gTLDs in Nairobi this afternoon, Paul Hoare of the UK’s Serious and Organised Crime Agency called for (continue reading)

Gossip: Geldof, China and Site Finder

Kevin Murphy, March 7, 2010, Gossip

Eight Sunday morning tidbits.

  • Bob Geldof was on the BBC’s Andrew Marr Show this morning, via satellite from Nairobi. It seems likely he’s there in relation to to IGAD conference on east-African drought, which is being held at the same venue as the ICANN meeting, which kicked off today. Let’s hope he’s (continue reading)