Jiangsu Bangning Science & Technology, the .top registry, is blaming a typo for a Facebook executive’s claim that it wanted $30,000 or more for facebook.top.
Information provided to the ICANN GNSO Council by Facebook domain manager Susan Kawaguchi yesterday showed that .top wanted RMB 180,000 (currently $29,000) for a trademarked name that previously had been blocked due to ICANN’s name collisions policy.
But Mason Zhang, manager of the registry’s overseas channel division, told DI today that the price is actually RMB 18,000 ($2,900):
We were shocked when seeing that our register price for TMCH protected names like Facebook during Exclusive Registration Period is changed from “eighteen thousand” into what is written, the “one hundred and eighty thousand”.
I think that might be a type mistake from our side, and we checked and we are certain that the price is CNY EIGHTEEN THOUSAND.
The 18,000-yuan sunrise fee is published on the registry’s official web site, as I noted yesterday.
The registry email sent to Facebook is reproduced in this PDF.
I wondered yesterday whether a breakdown in communication may to be blame. Perhaps I was correct.
While $3,000 is still rather high for a defensive registration, it doesn’t stink of extortion quite as badly as $30,000.
Still, it’s moderately good news for Facebook and any other company worried they were going to have to shell out record-breaking prices to defensively register their brands.
More Chinese weirdness, or just plain old trademark owner extortion?
The registry for the new gTLD .top is asking Facebook to cough up $35,000 in order to defensively register one of its trademarks as a .top domain — probably facebook.top — according to a Facebook executive.
The registry’s demand — which some are cautiously likening to “extortion” — is linked to the release of name collision domains in .top, which is due to start happening today.
Nanjing, China-based registry Jiangsu Bangning Science & Technology runs the .top gTLD.
It has been in general availability since November 18 and currently has just shy of 40,000 names in its zone file, making it the 16th-largest new gTLD.
I haven’t checked whether they’re all legitimate buyer registrations, but given the shape the new gTLD industry is in right now I have my doubts.
From today, Jiangsu Bangning is running a month-long “Exclusive Registration Period”, according to ICANN records.
But Facebook domain manager Susan Kawaguchi today complained on an ICANN GNSO Council call that the registry had asked for $4,500 for a Sunrise period registration and now wants an extra RMB 180,000 ($30,000) because the desired domain is on its collisions block-list.
UPDATE: The registry says the price is just RMB 18,000. It blames a typo for the error.
I don’t know for sure what domain Facebook wants — I’ve reached out to Kawaguchi for clarification — but I rather suspect it’s facebook.top, which appeared on the list of 30,205 name collisions that Jiangsu Bangning was obliged by ICANN to block.
Name collisions are domains that were already receiving traffic prior to the launch of the new gTLD program. ICANN forces registries to block them for a minimum of 90 days in order to mitigate potential security risks.
According to the registry’s web site, Sunrise registrations cost RMB 18,000 per name per year. That’s about $3,000 a year for a defensive registration, a ridiculously high sum when compared to most new gTLDs.
There’s no mention on its site that I can find of the additional RMB 180,000 collision release fee, but Kawaguchi forwarded an email to the GNSO Council that strongly suggests that trademark owners with brands on the .top collisions list face the inexplicable extra $30,000.
Sunrise prices, just like regular general availability prices, are not controlled by ICANN in new gTLDs.
There are no rules I’m aware of governing pricing for collision names, nor am I aware of any registry costs that could justify a $30,000 fee to register one. A premium generic string may be worth that much, but asking that amount for a trademark smacks of extortion.
So, assuming this isn’t just a breakdown of communication, is the registry trying to screw Facebook in a targeted fashion, knowing it has deep pockets and a cybersquatting target painted on its back, or is it applying a $30,000 fee to every domain coming off its collisions list this week?
Facebook isn’t the only big tech company with its primary trademark on the list — Microsoft, Google, Twitter and Amazon also appear on it, along with many other famous brands.
Kawaguchi said she’s taken her complaint to ICANN Compliance.
ICM Registry has reneged on its promise to “grandfather” trademark owners and other .xxx registrants in its forthcoming .sex, .porn and .adult new gTLDs.
While the changes are sure to infuriate trademark owners and .xxx registrants, the company insists that ICANN is to blame for blocking its original plans.
Originally, ICM had promised to reserve every .sex, .porn and .adult domain that matched an existing .xxx domain — if you owned or had blocked example.xxx then example.porn and so on would be reserved.
There was not to be a charge for any of these reservations.
The current versions of ICM’s new gTLD applications are unequivocal — nobody who owns a .xxx name or bought a block will be charged for the equivalent .sex, .porn or .adult names or blocks.
On names “blocked” by trademark owners during the .xxx Sunrise B period, the applications state:
All existing blocked names under the .XXX Sunrise B program… will not need to take any action to have those same names blocked in the new gTLD. All of these matching names will be automatically reserved from registration in the new TLD, free of charge.
On names registered in general availability, the applications state:
all existing .XXX names will be reserved from registration in the new gTLD and only registrants of that .XXX name will be given the opportunity to initially register that corresponding .XXX name in the new gTLD. If the .XXX registrant elects to register the name in the new gTLD, this can be done for a low annual fee. If the .XXX registrant does not elect to register the name in the new gTLD, then the new, matching, gTLD name will be reserved on [ICM’s] registry-reserved list at NO cost.
While neither application has been amended yet, neither of these statements are any longer true, ICM has confirmed.
Instead, the company’s new Domain Matching Program anticipates an extra launch phase between Sunrise and general availability. Under ICANN rules, it’s a Limited Registration Period.
During this month-long phase, anyone who owns a .xxx domain or block will be able to purchase the matching new gTLD names, unless it has already been registered in the Sunrise period.
What does this all mean…
For regular .xxx registrants?
If you own a .xxx domain, you no longer get a free permanent reservation on the matching .porn, .sex and .adult names while you make up your mind whether to buy them.
Instead, you’ll have to buy it during the 30-day DMP window.
ICM’s fee for DMP and Sunrise will be the same as for general availability, ICM CEO Stuart Lawley told DI.
Also, if there’s a trademark in the Trademark Clearinghouse that matches your second-level string, that trademark’s owner will be able to register the matching names before you get a chance.
Remember, not all TMCH users are legitimate brands. Some are domain investors gaming the system.
For premium .xxx buyers?
The changes may also concern registrants of “premium” .xxx names, many of which may have assumed they’d get the matching .porn, .sex and .adult reservations free of charge.
Porn site operators Really Useful and Barron Innovations, which have spent millions apiece on premium .xxx names such as teen.xxx and sex.xxx, have both said in ICM press releases that the grandfathering program formed an important part of their decision-making.
“We look forward to enjoying the benefits of ICM’s unique Domain Matching Program, which gives .XXX holders an opportunity to secure matching .XXX domain names in .PORN, .ADULT and .SEX,” Barron spokesperson Shay Efron said when the $3 million sale of sex.xxx was announced.
“We will be speaking individually to each premium name holder who purchased premium names after we had announced the original grandfathering plan,” Lawley told us.
It seems that the premium string will be registry-reserved, however, so there’s no chance of them being snapped up during Sunrise.
If you’re a brand who bought a .xxx block during the Sunrise B period back in 2011, you no longer get grandfathered into a free permanent reservation in .sex, .adult and .porn.
Instead, you’ll have to buy your names as usual either during Sunrise, DMP or — if you feel like taking a risk — general availability.
The problem is: you only qualify for Sunrise if you’re registered in the TMCH, and most Sunrise B buyers are not.
Something like 70,000 names were registered during the .xxx Sunrise B period three years ago, but there are only 33,000 marks registered in the TMCH today.
The owners of more than half of the Sunrise B blocks, who may have thought their blocks would carry over to ICM’s three new gTLDs free of charge, currently do not even have the right to buy their names in Sunrise.
If you have a .xxx Sunrise B block AND are in the TMCH, you may find yourself competing with other trademark owners with matching marks during the .porn, .adult and .sex Sunrise periods.
Any Sunrise B match not registered during the Sunrise and DMP phases will be up for grabs during GA, just the same as any other domain.
Lawley reminds us that the .xxx Sunrise B predated ICM’s new gTLD applications by many months — nobody bought a block in 2011 thinking it would be enforced in all four gTLDs.
He added that ICM has “recently secured a unique offer through the TMCH that will enable trademark owners to register with the TMCH for one year, at a reduced fee.”
Why did ICM make the changes?
The changes put the registry on a collision course with the Intellectual Property Constituency of ICANN, which looks out for the interests of trademark owners and is not a fan of porn-themed TLDs.
“The IPC is going to collectively shit a brick,” one IPC member told us.
But the IPC, which has been unshakable when it comes to the strict enforcement of ICANN’s mandatory new gTLD rights protection mechanisms, may have shot itself in the foot to an extent.
According to ICM, it’s ICANN’s fault, and indirectly the IPC’s, that it’s had to abandon free grandfathering.
In a statement sent to DI, the company said:
Throughout the ICANN approval process, ICM pursued multiple pathways to try and ensure its original “grandfathering plan”. However, due to technological concerns and strong trademark protection policies that ICANN’s intellectual property community requires in all new gTLDs, ICANN flatly rejected ICM’s grandfathering plan.
The mandatory new gTLD rights protection mechanisms enforced by ICANN means that no domain names may be set aside before trademark owners have had a crack at the Sunrise period, ICM said:
Those rights protections require that TMCH-validated Sunrise Holders get the first priority for names in any new gTLD and also contain certain prohibitions on all registries from earmarking domain names for third parties.
However, ICM has still managed to set aside an unknown number of names as part of its Premium Domains Program — those names will be immune from registration during both Sunrise and the DMP.
It’s also going to reserve, free of charge, a bunch of “culturally sensitive” names — these are strings that members of the ICANN Governmental Advisory Committee asked to be reserved in .xxx.
Names related to child abuse material will also be registry-reserved at no cost to the child protection agencies that requested the blocks when .xxx launched.
Plenty of stuff is getting reserved, just not Sunrise B blocks.
ICANN’s rules against “earmarking” domains may have prevented ICM offering matching domains to regular .xxx registrants, but it’s hard to see how that would prevent a .xxx block carrying over to .porn. Blocks are not assigned to a specific registrant; they belong to the registry.
The .adult and .porn gTLDs are set to start their 30-day Sunrise periods March 1, 2015. The 30-day DMP for both will begin April 15.
The .sex gTLD was contested, so it’s running a little behind. ICM expects to launch it later in 2015.
New gTLD registry and e-commerce network Infibeam, which is taking its .ooo TLD to sunrise today, has been bandying around some truly wacky registration predictions in the Indian press today.
The company’s founder told one local paper, the The Hindu’s BusinessLine, that .ooo will have volumes that dwarf .xyz and a literally impossible number of sunrise registrations.
I’m not going to link to the article itself because the BusinessLine website, probably via an embedded ad, tried to download malware onto my machine. The headline is “Infibeam to offer ‘.ooo’ for ‘.com-savvy’ netizens” if you want to Google it.
Here’s an extract, however, which quotes Infibeam founder Vishal Mehta:
The company is targeting 35,000-40,000 trademark registered companies along with several SMEs.
“The new GTLD is the first of a kind initiative by any e-commerce company. Over the next 6-12 months we expect to get about 1-2 million domain registrations under .ooo,” Mehta told BusinessLine.
This is nuts for at least two reasons.
First, Infibeam seems to be expecting 35,000 to 40,000 sunrise registrations.
The .ooo sunrise period starts today, when there’s just shy of 33,000 trademarks listed in the Trademark Clearinghouse.
A TMCH listing is of course required to buy a name at sunrise, so even if every mark in the TMCH converted to a .ooo name — which they won’t — the TLD still couldn’t hit the bottom end of its projection.
In reality, .ooo will be lucky to hit 500 sunrise registrations, just like every other gTLD this year.
Second, the only way Infibeam is going to get one to two million registered domains in six to 12 months is if the company not only gives them away for free, but actually forces them upon registrants without their consent.
The registry with the most number of registrations to date is .xyz, which has about 517,000 domains in its zone file today. It’s managed that feat in three and a half months largely by giving the names away for free to its registrars’ customers whether they want them or not.
Conceivably, Infibeam could do the same with .ooo, but that wouldn’t be especially helpful to its application commitment to make the gTLD “synonymous with trust and consumer choice”.
Indeed, its application talks exclusively about offering .ooo names to existing Infibeam customers.
Could the company leverage its BuildaBazaar e-commerce network to create quickly a substantial base of registrations?
It web site talks of a “billion dreams” and a “billion stores” and its .ooo gTLD application states: “Our goal is nothing less than providing a billion stores for a billion people.”
According to the application, Infibeam will try to persuade its BuildaBazaar customers to upgrade to a premium package that includes a .ooo domain name for their stores.
All Infibeam would need to do would be to convert 0.1% of its billion-strong BuildaBazaar customer base to .ooo domain names and it could hit one million registrations almost overnight.
That would assume that BuildaBazaar has a billion stores, of course. It doesn’t. It has 20,000 stores.
So where are the “1-2 million domain registrations” over the “next 6-12 months” going to come from?
I hope for Mehta’s sake that he was misquoted because otherwise I suspect he’s going to be very disappointed very quickly.
Dot London Domains’ .london had just shy of 35,000 domains in its zone file this morning, after its first partial day of general availability.
That’s an addition of 12,421 domains over yesterday’s number, making .london the 11th most-registered new gTLD.
This makes .london — which in my opinion has had one of the best launch marketing campaigns we’ve seen this year — the most-successful gTLD, in volume terms, after its first GA day.
It has beaten the 33,012 names that .在线 (“.online” in Chinese) and the 31,645 names that .berlin had in their zone files at the end of their respective GA days.
.london domains are not particularly cheap, either. Minds + Machines sells at £30 ($48) a year and Go Daddy (which lists .london at the top of its UK home page today) sells at $59.99.
UK-based Domainmonster, part of Host Europe Group, performed well with a £34.99 ($56) annual fee.
There were 22,547 .london names claimed during the “London Priority Period”, a combined sunrise/landrush phase that gave first dibs on names to trademark owners followed by London residents.
The registry has not broken down the mix between sunrise and landrush, but I believe based on the paltry sunrise performance of every other new gTLD to date that the vast majority were landrush names.
The full priority period queue has not yet been processed — domains with more than one applicant are currently in auction.
Back-end provider Minds + Machines, recently told the markets that it expects about a quarter of landrush/sunrise names to go to auction, so we could be looking at something like 7,500 applications (as opposed to domains) currently in the auction queue.
What this may mean is that .london had roughly 30,000 applications during its priority period, about 20,000 less than it had predicted back in July.
Dot London Domains is closely affiliated with London & Partners, the PR machine for the Mayor of London, so it had resources and access to throw at an effective marketing campaign.