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IBM files URS complaints against guy who spent $2,500 on two domains

Kevin Murphy, February 6, 2014, Domain Registries

If you were a cybersquatter, would you spend $2,500 on just two domain names without doing even the most basic research into whether you’d get to keep the names?

One individual from New Jersey has done precisely that, apparently, and has now been hit with what may well be the first new gTLD Uniform Rapid Suspension complaint, according to Donuts.

Donuts VP Mason Cole said in a DI comment today that the company has “been notified of an additional URS action involving two IBM names.”

I believe he’s referring to ibm.guru and ibm.ventures, two new gTLD domains I highlighted earlier today as being registered under Go Daddy’s Whois privacy service.

Privacy protection has since been lifted from both domains, in accordance with Go Daddy policy, revealing the registrant (assuming it’s not a fake name) as one Denis Antipov of New Jersey.

Both domains were redirecting to ibm.com when I checked a few days ago — showing that the registrant clearly had IBM in mind when he bought the names — but now do not resolve for me.

What’s funny is that the registration date of the domains is January 31. Due to Donuts’ Early Access Program, the registrant will have paid Go Daddy a total of $2,479.98 for the pair.

Now, he stands to lose that investment in a URS case that will set IBM back about the same amount.

Donuts’ Cole said: “When infringement is alleged, we want to see the due process tools developed for new TLDs put to use. Registries are not trademark adjudicators — we implement the objective decisions of others.”

UPDATE: An earlier version of this story incorrectly reported the price the registrant will have paid for these names.

TMCH sees cybersquatting in 1&1’s pre-reg requests

Kevin Murphy, February 6, 2014, Domain Registries

Would-be cybersquatters have pre-registered new gTLD domains matching many famous brands, according to the Trademark Clearinghouse.

According to a bit of TMCH PR fluff coming out tomorrow, there are pre-registrations in .web for 40 out of the 50 most-valuable British brands.

I gather that the data came from 1&1, the most aggressive registrar in its pursuit of new gTLD leads, which has reported over three million pre-regs.

In what appears to be outreach to drum up additional trademark registrations, the TMCH said:

According to the Trademark Clearinghouse’s data, unknown entities have already pre-reserved their interest in registering the domain names of 80 per cent of the UK’s 50 most valuable under the .WEB domain name. Similarly, third parties have attempted to pre-order 78 per cent of the UK’s top 50 most valuable brands under the .ONLINE domain name, 72 per cent under .APP, 70 per cent under .SHOP and 68 per cent under .BLOG.

It doesn’t seem to be a problem peculiar to new gTLDs, however. The TMCH also said that 54% of these brands have holes in their defensive registration portfolio across existing TLDs such as .biz, .net and .co.

There were roughly 23,000 marks in the TMCH database as of January 21.

UPDATE: 1&1 has asked me to clarify that the company took no part in this research. TMCH says it obtained the numbers through searches on the 1&1 web site.

Track new gTLD growth on DI PRO

Kevin Murphy, February 6, 2014, Domain Services

DI PRO subscribers from today can track daily changes in new gTLD registration volumes.

The New gTLD Zone File Report is a simple, sortable table showing how each new gTLD has performed over the last 24 hours.

It’s the database I’ve been using for DI’s analysis of Donuts’ landrush numbers over the last week, but I’ve received a few requests to make the data available in a more structured way.

DI PRO

The data is also being incorporated into the next TLD Health Check update too, enabling longer-term views and interactive charts. More on that in due course.

DI PRO subscribers also receive access to the New gTLD Application Tracker, a calendar of crucial new gTLD launch dates, the New gTLD Collisions Database and many more useful services.

Yes, there is cybersquatting in new gTLDs

Kevin Murphy, February 6, 2014, Domain Policy

With new TLDs, comes cybersquatting. It’s inevitable. And it’s also true of the new gTLDs that hit general availability this week.

The question of what is or is not cybersquatting is best left to a judge or UDRP panel, of course, but I’ve already come across plenty of newly registered domains that I do not believe would pass the UDRP test.

Sifting through select Whois records of domains that were registered in Donuts’ first seven gTLDs over the last few days, and without leaving the A’s, I’ve found the likes of: adidas.clothing, americanapparel.clothing, akamai.guru, americanexpress.guru. appleservice.guru and accenture.ventures.

Delving a little deeper into .clothing, I see the likes of kanyewest.clothing, ralphlauren.clothing, kardashiankollection.clothing, lauraashley.clothin, michaeljordan.clothing and more.

One Los Angeles clothing store appears to have registered several .clothing domains matching brands it does not own, possibly unaware that such behavior is frowned upon.

While there could be legitimate uses of the names I’ve highlighted here, possibly, they all appear to me to be registered to people unaffiliated with the referenced brands or celebrities.

I found more that are registered behind Whois privacy services, where it’s not possible to tell whether the domain belongs to the brand or not. Domains such as ibm.guru and ibm.ventures use Whois privacy, yet resolve to the IBM web site.

Cases of obvious UDRP losses seem to be few and far between, however. The vast majority of domains registered in these new gTLDs this week seem to be straightforward generic terms.

While I’m using the UDRP sniff test to highlight domains I feel may be cybersquatting, there’s a new process in town when it comes to disputes: the faster, cheaper Uniform Rapid Suspension policy.

URS has a higher burden of proof — “clear and convincing evidence” of bad faith registration and use — and it’s not yet clear how panelists will handle these cases.

There’s only been one URS case to date, that of facebok.pw, in which the domain was suspended following a complaint by Facebook.

In that case, Facebook was able to show bad faith by presenting the panelist with a list of other typo domains the respondent had registered.

First eight gTLDs have 26,000 names so far

Kevin Murphy, February 6, 2014, Domain Registries

Well, we now have a new gTLD domain name market.

After n years of debate, policy-making, delay, application, testing, delegation and newfangled launch processes, there are eight new gTLDs that are open for business.

Donuts yesterday opened up its first seven gTLDs to their ‘proper’ general availability — by which I mean landrush pricing is no longer applicable.

At more or less the same time its second seven — .lighting, .equipment, .graphics, .photography, .camera, .estate, and .gallery exited their sunrise periods and went into their Early Access Program.

Meanwhile, dotShabaka Registry’s شبكة. (“.web” in Arabic) came out of its more opaque landrush period with several hundred new registrations.

Together, these 15 gTLDs have 26,199 registrations so far, based on the names active in their zone files today. The eight fully live gTLDs have 25,575, almost half of which belong to Donuts’ .guru.

TLDDomains
guru12,394
bike3,727
clothing2,856
singles2,071
ventures1,669
plumbing1,081
holdings963
شبكة. (.xn--ngbc5azd)814
equipment137
lighting137
estate85
photography73
graphics68
camera62
gallery62

The zone files are generated at about 0100 UTC and therefore do not represent the full first day of Donuts newly-GA gTLDs, but it’s clear that .guru is the domainer’s favorite so far.

The numbers are a long way off pretty much every new TLD launch we’ve seen to date.

Compare to .mobi, which had over 110,000 names at the end of its first week; .co, which sold 216,159 in its first 16 hours; or .xxx, which sold 55,367 names on day one.

Even Radix said it sold 4,000 .pw names in its first three hours and 50,000 in the first three weeks.

It should also be pointed out that none of the Donuts gTLD numbers include purchases of Domain Protected Marks List blocks, which do not show up in zone files.

That fact eliminates much of the noise from defensive registrations that we see in almost every other TLD.

For buyers (as opposed to blockers) market conditions are obviously different now too — a single TLD launching was once an event, the temporary alleviation of scarcity, whereas today Donuts alone expects to launch half a dozen every week for months.

And the Latin strings that have been launched so far don’t exactly capture the imagination, with .guru the possible exception.

Donuts’ portfolio, in my view, is based more on securing greenfield opportunities in vertical markets (plumbing, cameras, etc) rather than mining domain investors’ wallets on launch day.

One of the keys to the success of these things longer term is going to be how much use they get — when internet users start visiting new gTLD sites and seeing new gTLD URLs on billboards, momentum will build.