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IPO warns about premium loopholes in new gTLD trademark protection

Kevin Murphy, December 4, 2013, Domain Policy

It seems like it’s been an age since we last heard the intellectual property lobby pushing for stronger rights protection mechanisms in new gTLDs, but they’re back just in time for the first launches.

The Intellectual Property Owners Association has written to ICANN this week to warn about loopholes in the standard new gTLD Registry Agreement related to premium name reservations that the IPO said “will adversely affect trademark rights holders”.

The letter (pdf) makes reference to two specific parts of the contract.

Specification 5 enables registries to reserve up to 100 names “necessary for the operation or promotion of the TLD” in section 3.2 and an unlimited number of names in section 3.3.

Section 3.3 is vague enough that I’m aware of new gTLD applicants that still don’t know whether it allows them to reserve an unlimited number of “premium” names or not.

However, most new gTLD registries I’ve talked to appear to be convinced that it does. DotKiwi’s recently announced premium plan seems to be taking advantage of 3.3.

The IPO is worried that massive lists of premium names will wind up containing lots of strings matching trademarks, which will prevent mark holders from defensively registering during Sunrise.

Worse, the IPO said it could lead to registries milking trademark owners for huge fees to register their “premium” marks. It said:

such reservations would invite the abuse of protected marks. For instance, Registry Operators may reserve the marks of protected brands to leverage premium sales. Further, Registry Operators may use this ability to release names to market competitors of the brand owners.

The counter argument, of course, is that owners of spurious trademarks on generic terms could game Sunrise periods to get their hands of potentially valuable domain names (cf. the .eu sunrise)

The IPO wants ICANN to expand the Trademark Clearinghouse to send Trademark Claims notices to new gTLD registries when they reserve a name matching a listed trademark.

It also wants a new dispute procedure that mark owners could use to get names released from reserved status. It would be like UDRP, but modified to allow for registries to reserve dictionary words related to their gTLD strings, the IPO said.

If my sense of the mood of ICANN’s leadership during last month’s Buenos Aires meeting is anything to go by, I can’t see these last-minute requests for changes to RPMs getting much traction, but you never know.

Second premium .info auction goes live on Go Daddy

Kevin Murphy, January 8, 2013, Domain Registries

Go Daddy and Afilias are auctioning off a second batch of premium dictionary-word .info domain names.

The registrar has just gone live with a list of 138 domains, including stuff like home.info, autos.info, boat.info, fashion.info and computer.info.

The domains were all claimed in Afilias’ .info sunrise period back in 2001 but were subsequently found to be ineligible under the sunrise rules and reclaimed by the registry.

Bidding starts on January 15, with starting bids at about $100.

A first batch of domains from the same pool were auctioned in December, with some fetching five-figure sums — cancer.info led, selling for $16,005, with loans.info going for $12,205.

dotMobi to sell 5,000 premium .mobi domains

Kevin Murphy, October 6, 2010, Domain Registries

Afilias-owned dotMobi is taking another crack at selling off over 5,000 “premium” .mobi domain names that it has had reserved since its launch in 2006.

The reserved list, which includes domains such as television.mobi, recipes.mobi and shopping.mobi, has been published, and the domains have been turned on.

They all (or most) now resolve to dotMobi web pages where interested parties can file an expression of interest in the domain, in order to be alerted when they become available.

The actual process by which the domains will be allocated has yet to be announced.

The biggest premium .mobi sale I’m aware of to date was flowers.mobi, which Rick Schwartz picked up for $200,000 in 2006. He plans to sell the domain, probably at a loss, later this month.

The list makes fascinating reading. To my untrained eye, many of the domains appear to be utterly bizarre inclusions.

Businesswoman? Out-of-town meeting? Need to quickly self-administer a Pap smear? Why not visit speculum.mobi for a list of nearby gynecological equipment suppliers?

The full list can be downloaded from here. The official dotMobi announcement is here.