Latest news of the domain name industry

Recent Posts

ICANN hunts for anti-cybersquatting database provider

Kevin Murphy, October 10, 2011, Domain Policy

ICANN is in the process of looking for an operator for the Trademark Clearinghouse that will play a crucial brand protection role in new top-level domains.

An RFI published last week says that ICANN is looking for an exclusive contractor, but that it may consider splitting the deal between two companies — one to provide trademark validation services and the other to manage the database.

The TMCH is basically a big database of validated trademarks that registrars/registries will have to integrate with. It will be an integral part of any new gTLD launch.

Registries are obliged by ICANN rules to hold a sunrise period and a Trademark Claims service when they go live, both of which leverage the clearinghouse’s services.

Rather than having to submit proof of trademark rights to each gTLD operator, brand owners will only have to be validated by the TMCH in order to be pre-validated by all gTLDs.

I estimate that the contract is worth a few million dollars a year, minimum.

If the ongoing .xxx sunrise period is any guide, we might be looking at a database of some 30,000 to 40,000 trademark registrations in the first year of the TMCH.

One potential TMCH provider currently charges $100 for the initial first-year validation and a recurring $70 for re-validation in subsequent years.

ICANN has not ruled out the successful TMCH provider selling add-on services too.

But the organization also seems to be at pains to ensure that the clearinghouse is not seen as another gouge on the trademark industry.

The RFI contains questions such as: “How can it be assured that you will not maximize your registrations at the expense of security, quality, and technical and operational excellence?”

The two providers that immediately spring to mind as RFI respondents are IProta and the Clearinghouse for Intellectual Property (CHIP).

Belgium-based CHIP arguably has the most institutional experience. It’s handled sunrise periods for Somalia’s .so, the .asia IDN sunrise, a few pseudo-gTLD initiatives from the likes of CentralNIC (de.com, us.org, etc), and is signed up to do the same for .sx.

Its chief architect, Bart Lieben of the law firm Crowell & Moring, is also well-known in the industry for his work on several sunrise period policies.

IProta is a newer company, founded in London this year by Jonathan Robinson, an industry veteran best known for co-founding corporate domain registrar Group NBT.

The company is currently managing the .xxx sunrise period, which is believed to be the highest-volume launch since .eu in late 2005.

“IPRota is very well positioned on the basis of our recent and past experience so I think we almost certainly will go ahead and respond,” Robinson confirmed to DI.

Domain name registries and registrars could conceivably also apply, based on their experience handling high-volume transactional databases and their familiarity with the EPP protocol.

ICANN sees the potential for conflicts of interest — its RFI anticipates that any already-contracted party applying to run the TMCH will have to impose a Chinese wall to reduce that risk.

The RFI is open for responses until November 25. ICANN intends to name its selected provider February 14, a month after it starts accepting new gTLD applications.

This is another reason, in my view, why submitting an application in January may not be the smartest move in the world.

BITS may apply for six financial gTLDs

Kevin Murphy, October 5, 2011, Domain Registries

BITS, the technology policy wing of the Financial Services Roundtable, may apply to ICANN for as many as six financially-focused new top-level domains.

The organization is pondering bids for .bank, .banking, .insure, .insurance, .invest and .investment, according to Craig Schwartz, who’s heading the project as general manager for registry programs.

(UPDATE: To clarify, these are the six strings BITS is considering. It does not expect to apply for all six. Three is a more likely number.)

Schwartz, until recently ICANN’s chief gTLD registry liaison, told DI that the application(s) will be filed by a yet-to-be-formed LLC, which will have the FSR and the American Bankers Association as its founding members.

It will be a community-designated bid, which means the company may be able to avoid an ICANN auction in the event that its chosen gTLD strings are contested by other applicants.

“We’ve looked at the scoring, and while it may not come into play at all we do believe we can meet the requisite score [for a successful Community Priority Evaluation],” Schwartz said. “But we’re certainly mindful of what’s happening in the space, there’s always the possibility of contention.”

There’s no relationship between BITS and CORE, the Council of European Registrars, which is apparently looking into applying for its own set of financially-oriented gTLDs, Schwartz said.

It’s not a big-money commercial play, but the new venture would be structured as a for-profit entity, he said.

“It’s relatively analogous to what’s happened in the .coop space, where after 10 years they have only about 7,000 registrations,” Schwartz said.

It sounds like pricing might be in the $100+ range. Smaller financial institutions lacking the resources to apply for their own .brand gTLDs would be a likely target customer base.

Interestingly, .bank may begin life as a business-to-business play, used primarily for secure inter-bank transactions, before it becomes a consumer-facing proposition, Schwartz said.

He added that it would likely partner with a small number of ICANN-accredited registrars – those that are able to meet its security requirements – to get the domains into the hands of banks.

VeriSign has already signed up to provide the secure back-end registry services for the bid.

Win $5,000 for your new gTLD idea

Kevin Murphy, October 3, 2011, Domain Registries

Afilias is offering $5,000 for the best idea about what to do with a new generic top-level domain.

The company has kicked off a competition today designed to stimulate interest in ICANN’s new gTLD program.

It said in a press release this evening:

With this contest, Afilias is looking for unique new TLD ideas, whether that domain is a “dot Brand” (for a company) or a “dot Niche” (for a concept or community) or a “dot City” domain. The goal is to discover ideas for “right of the dot” domains that cannot be done today with any of the existing domains, like .com or .net.

Basically, you send in your best new gTLD idea – not just a string, but an innovative way to use it – and you stand a chance of winning prizes of $5,000, $3,000 or $1,500.

The contest web page can be found here. The rules are here.

According to the press release, I’ve agreed to be on the judging panel, apparently as the latest stage of my ongoing campaign of utterly shameless self-promotion.

The other judges are former ICANN president Paul Twomey, Matthew Quint of the Center on Global Brand Leadership and David Rogers of BRITE, both at Columbia Business School, as well as Afilias’ CTO and CMO, Ram Mohan and Roland LaPlante.

I’m not sure what to expect, but it strikes me that if you have a halfway decent idea for a new gTLD – and you don’t actually plan to apply for it – you may not have much to lose by entering.

Afilias is accepting submissions until October 17, just two weeks from now, and the winners will be announced October 24.

First video of ICANN’s new gTLDs outreach

Kevin Murphy, September 30, 2011, Domain Policy

Here’s what I believe is the first publicly available video from ICANN’s ongoing new top-level domains marketing road-trip, which kicked off earlier this month.

CEO Rod Beckstrom, along with a small entourage of ICANN staffers, attended a breakfast panel discussion of new gTLDs at the London offices of PR company Edelman on September 20.

Also on the panel, moderated by Edelman’s Jonathan Hargreaves, were: Lesley Cowley, CEO of .uk registry Nominet; Lorna Gradden, director of brand-focused registrar Com Laude; and me.

There were roughly 75 people in the audience, which I’ve heard is somewhat more than showed up to similar ICANN panels in Berlin and Paris later in the week.

I know from conversations after the camera stopped rolling that a decent number of attendees were from outside the domain name industry – potential applicants – but the questions you’ll hear on the video pretty much all come from those with a closer interest in the new gTLD program.

As I’ve been reporting, ICANN is taking a softly-softly approach to outreach, saying it’s trying to “educate not advocate”, which is also evident in this video.

My main takeaway – and the story I would have written had I been in the audience taking notes rather than on the panel not – is that some of the recommendations of the JAS working group on new gTLD developing-world applicant support appear to be stillborn.

In the meantime, here’s all 68 minutes of the video.

Will URS really be as cheap as ICANN says?

Kevin Murphy, September 29, 2011, Domain Policy

I’m having a hard time believing that trademark holders will be able to enforce their rights in new top-level domains for just $300.

The Uniform Rapid Suspension policy (pdf) is one of the new systems ICANN is putting in place to deter cybersquatters from abusing trademarks in new gTLDs.

It’s very similar to the existing UDRP, but it’s quicker and it only deals with the suspension – not transfer – of infringing domain names.

No URS arbitration provider has yet been appointed, but ICANN’s Applicant Guidebook, which spells out the policy, currently estimates a price of $300 per single-domain filing.

At least twice during the newdomains.org conference in Munich this week I heard ICANN representatives quote a price between $300 and $500.

I’m wondering how realistic this is.

Typically, domain arbitration fees are split between the provider, which receives a third, and the panelist, who receives the remaining two thirds.

With a $300 fee, that’s $100 to the provider and $200 to the sole panelist – who must be an experienced trademark lawyer or similar – compared to a $500/$1,000 split with the UDRP.

My question is: how many trademark lawyers will get out of bed for $200?

The URS gives panelists between three and five days to come up with a decision, but I’m guessing that you’d be lucky, for $200, to buy three to five hours of a panelist’s time.

Even I charge more than $200 for half a day’s work.

The Rapid Evaluation Service recently introduced by ICM Registry, which serves essentially the same purpose as URS but for the .xxx gTLD, costs $1,300 in National Arbitration Forum fees.

Like URS, the RES is designed for a speedy turnaround – just three days for a preliminary evaluation – of clear-cut cybersquatting cases.

Like URS, complaints submitted using RES have a tight word-count limit, to minimize the amount of work panelists have to do.

With that in mind, it seems to me that a $300 fee for URS may be unrealistic. Even the $500 upper-end ICANN estimate may be optimistic.

It will be interesting to see if ICANN’s negotiating clout with likely URS providers is better than ICM’s and, more importantly, to see whether $200 is enough to buy consistent, reliable decisions from panelists.