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Donuts wins .immo gTLD

Donuts has acquired the .immo new gTLD after its three rival bidders withdrew their applications.

Minds + Machines, dotimmobilie and Starting Dot have all withdrawn from the contest in the last few days, presumably due to an auction.

Starting Dot had applied for a Community Priority Evaluation, which would have allowed it to avoid an auction altogether, but it failed to score enough points to pass.

“Immo” is short for “immobilien”, which means “real estate” in German. The contraction is also widely used in other European countries, potentially making it more attractive a string.

The gTLD will compete with .immobilien, which is delegated to RightSide. That TLD has been in general availability since May 28 and has 5,136 domains under management as of today.

It would be fascinating to know whether .immobilien’s performance to date had any bearing on how much the applicants were prepared to bid at auction. But, as usual, I doubt we’ll ever know for sure.

Community gTLD applicants flunk on “nexus”

Kevin Murphy, March 19, 2014, Domain Policy

The first four Community Priority Evaluation results are in, and all four applicants flunked by failing to prove a “nexus” between the new gTLD string and the community they purport to represent.

No applicant score more than 11 points of the 14 necessary to pass. A total of 16 points are available.

Winning a CPE automatically wins a contention set — all the other applicants for the same new gTLD must withdraw — so it’s a deliberately difficult test.

The scoring mechanism has been debated for years. Scoring 14 points unless the gTLD string exactly matches the name of your organization has always struck me as an almost impossible task.

The first four results appear to substantiate this view. Nobody scored more than 0 on the “nexus” requirement, for which 4 points are available.

The four CPE applicants were: Starting Dot (.immo), Taxi Pay (.taxi), Tennis Australia (.tennis) and the Canadian Real Estate Association (.mls). All four were told:

The string does not identify or match the name of the community, nor is it a well-known short-form or abbreviation of the community.

In some cases, the evaluation panel used evidence from the applicant’s own applicant to show that the string “over-reaches” the community the applicant purported to represent.

The application for .Taxi defines a core community of taxi companies and drivers, as well as peripheral industries and entities.

While the string identifies the name of the core community members (i.e. taxis), it does not match or identify the peripheral industries and entities that are included in the definition of the community

In other cases, the panel just used basic common sense. For example, Tennis Australia was told:

Tennis refers to the sport and the global community of people/groups associated with it, and therefore does not refer specifically to the Tennis Australia community.

Starting Dot (.immo) and Taxi Pay (.taxi) both also scored 0 on the “Community Establishment” criteria where, again, 4 points were available.

In that part of the CPE, the applicants have to show that their community is clearly delineated, organized, and long-standing.

In both cases, the panel found that the communities were too eclectic, too disorganized and too young — neither existed before the new gTLD program kicked off in September 2007.

It’s not looking promising for any of the 14 CPE applicants listed by ICANN here. I’ll give $50 to a charity of the applicant’s choosing if any of them scores more than 14 points.

First three Community Objections decided: DotGay and Google win but Donuts loses

Kevin Murphy, September 10, 2013, Domain Policy

The International Chamber of Commerce has delivered the first three Community Objection decisions in the new gTLD program, killing off one application and saving two others.

These are the results:

.gay

The objection filed by Metroplex Republicans of Dallas, a gay political organization, against DotGay LLC has failed.

The panelist, Bernhard Schlink, decided that Metrolplex lacked standing to file the objection, stating:

while the conservative segment, with which Metroplex claims association, is a segment of the clearly delineated gay community, it is not a clearly delineated community in and of itself. That some LGBTQ people hold conservative political views and vote for conservative candidates may bring them into a statistical category, but does not make them connect, gather, interact, or do anything else together that would constitute a community, or, that would make them publicly visible as one.

It was the only objection against this .gay application, meaning it can now proceed to later stages of the new gTLD process.

.fly

The objection was filed by FairSearch.org, a coalition of companies that campaigns against Google’s dominance of online markets, against Google’s .fly application.

The application was originally for a “closed generic” registry, but Google has since stated that it has changed its mind and run .fly with an open registration policy.

FairSearch lost the objection, despite ICC panelist George Bermann giving it the benefit of the doubt multiple times during his discussion on its standing to object.

Instead, Google prevailed due to FairSearch’s failure to demonstrate enough opposition to its application, with Bermann writing:

A showing of substantial opposition to an application is critical to a successful Objection. Such a showing is absent here.

He also decided that Google presented a better case when it came to arguing whether or not its .fly would be damaging to the community in question.

.architect

Finally, Donuts has lost its application for .architect, due to an objection by the International Union of Architects, which supports Starting Dot’s competing application for .archi.

Donuts had argued that UIA did not have standing to object because an “architect” does not always mean the kind of architect that designs buildings, which is the community the UIA represents. It could mean a software architect or landscape architects, for example.

But panelist Andreas Reiner found that even if the UIA represents a subset of the overall “architect” community, that subset was still substantial enough, still a community, and still represented by the string “architect”, so that it did have the standing to use the Community Objection.

It also did not matter that the UIA does not represent all the “structural architects” in the world, the panelist found. It represents enough of them that its opposition to .architect passes the “substantial” test.

He eventually took the word “architect” in its most common use — people who design buildings — in determining whether the UIA was closely associated with the community in question.

On the question of whether architects would be harmed by Donuts’ plan for .architect, the panelist noted that architects are always licensed for public safety reasons.

Here are some extracts from his decision, which seem important:

Beyond concerns of public safety, habitat for human beings is of essential importance in society, at the human-social level, at the economic level and at the environmental level

it would be compatible with the above references public interests linked to the work of architects and with the related consumer protection concerns, to allow the domain name “.architect” to be used by anyone other than “architects” who, by definition, need to be licensed

The use of the top-level domain “.architect” by non-licenced architects is in itself an abuse. This top-level domain refers to a regulated professional service. Therefore all safeguards must be adopted to prevent its use by a non-licensed person.

The top-level domain “.architect” raises the legitimate expectation that the related website is the webiste of a licensed architect (or a group of licenced architects). Correct information is essential to consumers visiting websites.

Basically, Reiner trashed Donuts long-standing argument in favor of blanket open registration policies.

He noted specifically that whether to allow a gTLD to proceed might be considered a free speech question, but said that free speech often has its limits, such as in cases of consumer protection.

Worryingly, one of the pieces of evidence that the panelist considered was the Governmental Advisory Committee’s Beijing communique, which contains the GAC’s formal advice against over 500 applications.

Today’s new gTLD withdrawals: .play and .design

Two new gTLD applications have been withdrawn today: Directi’s .play and Starting Dot’s .design.

They’re the second application to be withdrawn by Directi after .movie, which it pulled last month for undisclosed reasons, and the first of Starting Dot’s five bids to die.

Starting Dot said that it has bowed out of the .design fight because there were “simply too many” other applicants in the contention set: eight including itself.

“It is now setting its focus and energy supporting and helping to grow its four other domains, and especially the two which are single applicant, .ARCHI and .BIO,” the company said.

I don’t believe either string was the subject of the private auctions that are happening this week. At least, they weren’t on the lists published by Demand Media or Donuts.

Directi’s .play bid, the first of the four-way contention set to be withdrawn, faces competition from Amazon and Google — both with “closed generic” models — as well as Famous Four Media.

The gTLD deadpool now comprises 71 withdrawals.

Four action sports gTLDs fall off a cliff

Adrenaline TLD has confirmed that it no longer plans to apply to ICANN for the sport-themed top-level domains .surf, .skate, .bike and .board.

The news was implicit in the announcement from Starting Dot that it has partnered with Adrenaline for .ski earlier this week, but the company today confirmed as much.

In a statement this morning, Adrenaline’s Rob Rozicki said:

Although we are not filing applications for the remaining four TLD’s in this application window we will investigate bringing them to the market in the next round of applications. However if you are an applicant for any of our other TLD’s please contact us to see how we can work together to help the action sports community.

Rozicki is also working with Starting Dot’s marketing agency, the newly formed DomainDicition, as head of North American online marketing.

The .ski project can be found at dot-ski.com. Its Twitter handle is @dot_ski.

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