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.feedback regs Fox trademark to itself during sunrise

Kevin Murphy, November 12, 2015, Domain Registries

Top Level Spectrum, the new .feedback registry, has painted a second gigantic target on itself by registering to itself a .feedback domain matching one of the world’s largest media brands.

The company has registered fox.feedback and put up a web site soliciting comment on Fox Broadcasting Company.

This has happened whilst .feedback is still in its sunrise period.

The intellectual property community is, I gather, not particularly happy about the move.

The domain fox.feedback points to a web site that uses TLS’ standard feedback platform, enabling visitors to rate and comment on Fox.

The site has a footnote: “Disclaimer: This site is provided to facilitate free speech regarding fox. No direct endorsement or association should be conferred.”

Fox had no involvement with the registration, which Whois records show is registered to Top Level Spectrum itself.

Registry CEO Jay Westerdal said that the domain is one of the 100 “promotional” domains that new gTLD registries are allowed to set aside for their own use under the terms of their ICANN contracts.

Registries usually register names like “buy.example” or “go.example”, along with the names of early adopter anchor tenant registrants, using this mechanism.

I’m not aware of any case where a registry has consciously registered a famous brand, without permission, as part of its promotional allotment.

“The website is hosted automatically by the Feedback platform,” Westerdal said. “Fox Television Network has raised no concerns and has not applied for the domain during sunrise. We are testing out promotion of the TLD with the domain as per our ICANN contract.”

Fox may still be able to buy the domain during sunrise, he said.

“This is a Registry Operation name. During sunrise, If we receive an application from a sunrise-eligible rights holders during sunrise for a Registry Operations name we may release the name for registration,” he said.

Fox’s usual registrar is MarkMonitor. Matt Serlin, VP there, said in an email that the TLS move could be raised with ICANN Compliance:

I find it curious that this branded domain name would have been registered to the registry prior to the sunrise period which is restricted to the 100 registry promotional names. The fact that the domain is actually resolving to a live site soliciting feedback for The Fox Broadcasting Company is even more troubling. MarkMonitor may look to raise this to ICANN Compliance once the registry is able to confirm how this domain was registered seemingly outside of the required process.

The IP community originally fought the introduction of the 100-domain pre-sunrise exception, saying unscrupulous registries would use it to stop trademark owners registering their brands.

While there have been some grumblings about registries reserving dictionary terms that match trademarks, this may be the first case of a registry unambiguously targeting a brand.

Top Level Spectrum courted controversy with the trademark community last week when it told DI that it plans to sell 5,000-brand match domains to a third party company after .feedback goes into general availability in January.

Westerdal told us this is not “cybersquatting”, as the sites contain disclaimers and are there to facilitate free speech.

What do you think about this use of brands as “promotional” domains?

It’s indisputably pushing the envelope of what is acceptable, but is it fair? Should registries be allowed to do this?

.cars domains to start at $45,000, retail for $2,500

Kevin Murphy, October 29, 2015, Domain Registries

Cars Registry has set pricing for .car, .cars and .auto domains at crazy-high levels.

If you want to buy a domain in any of the three gTLDs on day one, it will cost you a whopping $45,000.

If you buy one during regular general availability, it’s likely to set you back $2,500.

The registry, a partnership of Uniregistry and XYZ.com, has set its registry fee at $2,000, according to an email sent to registrars this week.

That’s a buck higher than .sucks, one of the most expensive new gTLDs to launch to date.

The sunrise fee will be $3,000 — made up of the regular $2,000 fee plus an added $1,000. Again, that’s higher than .sucks.

The Early Access Period — which, as reported yesterday, has replaced the more usual landrush — will run for nine days with prices ranging from $45,000 to $5,000.

Compared to the usual models of XYZ.com and Uniregistry, which tend towards the mass-market, these prices are colossal.

I wonder how much the pricing was influenced by the fact that the registry has the car-related gTLD market almost entirely sewn up.

Its only potential competitor is .autos, which has been delegated for almost 18 months but has yet to even reveal its launch plans and probably isn’t going to be available to the mass market anyway.

Sunrise for all three gTLDS is due to start December 9, ending January 12. EAP will begin that day, and GA will start January 20.

Sunrise accounts for under 1% of new gTLD regs

Kevin Murphy, September 16, 2015, Domain Registries

New gTLD registries can expect just 125 sunrise registrations on average, according to statistics just released by ICANN.

The new data, current as of May 2015, also shows that there have been just 44,077 sunrise registrations in total, over 417 new gTLDs.

That’s less than 1% of the total number of new gTLD domain registrations to that date.

The numbers were published in a revised version of ICANN’s Revised Report on Rights Protections Mechanisms, a discussion paper on mechanisms such as sunrise, Trademark Claims and URS.

It also contains the first authoritative breakdown of sunrise regs by TLD, though it’s limited to the 20 largest.

Sunrise

Many of these numbers match closely what DI has previously reported, but .porn and .adult are substantially lower because ICM Registry only revealed consolidated numbers that took account of its unique non-TMCH sunrise periods.

None of the ICANN figures include .sucks, which hit sunrise after the numbers were compiled in May.

Third ICM windfall due as .sex hits sunrise

Kevin Murphy, September 2, 2015, Domain Registries

If we’ve learned one thing about new gTLD sunrise periods, it’s that adult-oriented TLDs sell quite well.

ICM Registry started its third such period yesterday, as .sex went into its “TMCH Sunrise” phase.

Until October 1, any company with a trademark in the Trademark Clearinghouse will be able to buy a matching .sex domain on a first-come, first-served basis.

From October 5 to October 30, anyone with a .xxx domain name or current .xxx “Sunrise B” block will be able to buy the matching .sex during the Domain Matching phase.

Anyone who buys a .xxx before October 1 will be able to participate in this second sunrise.

ICM reported in May that .porn received 3,995 sunrise registrations while .adult sold 3,902 — both via a combination of TMCH Sunrise sales and blocks.

At ICM’s prices, that’s enough to comfortably cover its ICANN application fees.

Every other new gTLD with the exception of .sucks has sold fewer than 1,000 sunrise names.

General availability for .sex starts November 4.

Radix targets 25,000 names for .online’s first day

Kevin Murphy, August 18, 2015, Domain Registries

Radix Registry reckons .online will move at least 15,000 domains in its first day of general availability, but it’s aiming higher.

“We are confident .online will be amongst the biggest new gTLDs that have launched,” Radix business head Sandeep Ramchandani said in a press release today.

“The same sentiment across several Registrar Partners has reinforced our beliefs. We expect to start off with at least 15,000 registrations at launch and would love to break .club’s launch record,” he said.

When .CLUB Domains launched .club in 2014, its zone file showed over 25,000 domains after the first 10 hours.

Radix is basing its projections not only on its registrar conversations, but also on .online’s sunrise period, which ended yesterday with 775 sales.

That number is of course low by pre-2012 standards, but it’s in the top tier of sunrise periods for non-controversial new gTLDs.

The only strings to top 1,000 names to date have been ICM Registry’s .porn and .adult and Vox Populi’s .sucks.

.CLUB’s sunrise weighed in at 454 domains.

Radix had better hope .online is successful — the gTLD sold for seven or eight figures at private auction.

The gTLD will go to its Early Access Period tomorrow before settling down to regular pricing August 26.

IDN .com hits the root

Eleven variants of .com and .net in non-Latin scripts joined the internet today.

Verisign’s whole portfolio of internationalized domain name new gTLDs were added to the DNS root at some point in the last 24 hours, and the company is planning to start launching them before the end of the year.

But the company has been forced to backtrack on its plans to guarantee grandfathering to thousands of existing [idn].com domains in the new domains, thereby guaranteeing a backlash from IDN domainers.

The eleven gTLDs are: .कॉम, .ком, .点看, .คอม, .नेट, .닷컴, .大拿, .닷넷, .コム, .كوم and .קוֹם. Scripts include Arabic, Cyrillic and Hebrew.

Verisign signed registry agreements with ICANN back in January, but has been trying to negotiate a way to allow it to give the owners of [idn].com domains first rights to the matching domain in the “.com” in the appropriate script.

The company laid out its plans in 2013. The idea was to reduce the risk of confusion and minimize the need for defensive registrations.

So what happened? Trademark lawyers.

Verisign CEO Jim Bidzos told financial analysts last week that due to conversations with the “community” (read: the intellectual property lobby) and ICANN, it won’t be able grandfather all existing [idn].com registrants.

All of the new IDN gTLDs will be subject to a standard ICANN Sunrise period, which means trademarks owners will have first dibs on every string.

If you own водка.com, and somebody else owns a trademark on “водка”, the trademark owner will get the first chance to buy водка.ком.

According to SeekingAlpha’s transcript, Bidzos said:

Based primarily on feedback from domain name community stakeholders, we have revised our IDN launch strategy. We will offer these new IDN top-level domains as standalone domain names, subject to normal introductory availability and rights protection mechanisms, available to all new gTLDs. This revised approach will not require ICANN approval and is designed to provide end users and businesses with the greatest flexibility and, for registrars, a simple and straightforward framework to serve the market.

Finally, we believe this approach should provide the best opportunity for increased universal acceptance of IDNs. We expect to begin a phased rollout of the IDNs towards the end of this year, and we’ll provide more information on our launch plans when appropriate.

Senior VP Pat Kane added on the call that the grandfathering provisions, which would have required ICANN approval, have been “taken out”.

The question now is whether Verisign will introduce a post-sunrise mechanism to give rights to [idn].com.

That would not be unprecedented. ICM Registry ran into similar problems getting its grandfathering program for .porn approved by ICANN. It wound up offering a limited, secondary sunrise period for existing .xxx registrants instead.

Free .cloud domains on offer to pioneer brands

Aruba, the recently anointed .cloud gTLD registry, plans to give away up to 100 free .cloud domains to trademark owners as part of its launch program.

The Italian company also today revealed a rough launch schedule that will see sunrise begin mid-way through the fourth quarter.

Participating in Aruba’s “Pioneer” program will be free for trademark owners with a decent marketing plan, a brand-match domain, and a web site that can go live at the end of September.

Up to 100 domains can be allocated for promotional purposes before sunrise begins, per ICANN rules.

Those looking to grab a generic dictionary word in .cloud “may require further negotiation and incur additional costs”, the registry web site says.

Wannabe pioneers have until August 21 to submit their ideas.

Aruba, which beat Minds + Machines, Symantec, Amazon, Google, CloudNames and Donuts to .cloud at private auction last November, plans to go to general availability early next year.

.sucks made millions from sunrise

Vox Populi could have made over $6 million from defensive registrations during its sunrise period.

The company’s first post-sunrise zone file was published today, and according to DI PRO it contains 3,394 domains, the vast majority of which were newly added today.

If all of these names were sunrise registrations, that would add up to an almost $6.8 million windfall for the registry.

However, I don’t think that’s a completely reliable figure. I believe that not all of the names are from sunrise.

The zone file seems to have been generated after .sucks general availability kicked off at a minute after midnight UTC this morning. ICANN publishes zone files around 5am UTC but the time it collects them from registries can vary between TLDs.

Poring over Whois records, I’ve found many examples of domains in the .sucks zone that have creation dates in the early minutes and hours of GA.

Many domains that are not obvious trademarks show creation times in the first 60 seconds of GA, suggesting they were pre-orders and sold for GA prices.

It’s also probable that some sunrise names are not showing up in the zone file yet due to a lack of name servers.

According to a source talking to DI last November, Vox Pop paid “over $3 million” for the right to run .sucks at auction.

It seems to have made its money back — and then some — purely from sunrise fees.

Sunrise names are charged at $1,999 a year by the registry. In GA, most names have a recommended retail price of $250. Strings considered valuable, many of them trademarks, carry a $2,500 “Market Premium” recommended price.

Famous Four following .sucks playbook with premium pricing for brands?

New gTLD registry Famous Four Media has slapped general availability prices of $500 and up on domain names matching famous brands.

The company plans to shortly introduce eight “premium” pricing tiers, ranging from $200 a year to $10,000 a year.

The first to launch, on July 8, will be its “brand protection tier”, which will carry a $498 registry fee.

Famous Four told its registrars that the tier “will provide an additional deterrent to cyber-squatters for well-known brands ensuring that domain names in this tier will not be eligible for price promotions”.

The gTLDs .date, .faith and .review will be first to use the tiered pricing structure.

It’s not entirely clear what brands will be a part of the $498 tier, or how the registry has compiled its list, but registrars have been given the ability to ask for their clients’ trademarks to be included.

I asked Famous Four for clarification a few days ago but have not yet had a response.

While other registries, such as Donuts, used tiered pricing for GA domains, I’m only aware of one other that puts premium prices on brands: .sucks.

Vox Populi has a trademark-heavy list of .sucks domains it calls Market Premium — formerly Sunrise Premium — that carry a $1,999-a-year registry fee.

Unlike Vox Pop, Famous Four does not appear to be planning a subsidy that would make brand-match domains available at much cheaper prices to third parties.

Famous Four’s gTLDs have seen huge growth in the last month or two, largely because it’s been selling domains at a loss.

.science, for example, has over 300,000 registrations — making it the third-largest new gTLD — because Famous Four’s registry fee has been discounted to just $0.25 from May to July.

The same discount applies to .party (over 195,000 names in its zone) and .webcam (over 60,000).

Those three gTLDs account for exactly half of the over 22,000 spam attacks that used new gTLD domains in March and April, according to Architelos’ latest abuse report.

With names available at such cheap prices, it would not be surprising if cybersquatters are abusing these gTLDs as much as the spammers.

Will intellectual property owners believe a $498+ reg fee is a useful deterrent to cybersquatting?

Or will they look upon this move as “predatory”, as they did with .sucks?

Canada shrugs over .sucks

The Canadian trade regulator has sent ICANN a big old “Whatever” in response to queries about the legalities of .sucks.

The response, sent by Industry Canada’s deputy minister John Knubley yesterday, basically says if the intellectual property lobby doesn’t like .sucks it can always take its complaints to the courts.

Other than opening and closing paragraphs of pleasantries, this is all Knubley’s letter (pdf) says:

Canada’s laws provide comprehensive protections for all Canadians. Canada has intellectual property, competition, criminal law and other relevant legal frameworks in place to protect trademark owners, competitors, consumers and individuals. These frameworks are equally applicable to online activities and can provide recourse, for example, to trademark owners concerned about the use of the dotSucks domains, provided that trademark owners can demonstrate that the use of dotSucks domains infringes on a trademark. Intellectual property rights are privately held and are settled privately by the courts.

There’s not much to go on in there; it could quite easily be a template letter.

But it seems that Vox Populi Registry has been cleared to go ahead with the launch of .sucks, despite IP owner complaints, at least as far as the US and Canadian regulators are concerned.

The Federal Trade Commission was equally noncommittal in its response to ICANN two weeks ago.

Vox Populi is based in Canada. It’s still not entirely clear why the FTC was asked its opinion.

ICANN had asked both agencies for comment on .sucks’ legality after its Intellectual Property Constituency raised concerns about Vox Pop’s “predatory” pricing.

Pricing for .sucks names in sunrise starts at around $2,000.

ICANN told DI in April that it was in “fact finding” mode, trying to see if Vox Pop was in breach of any laws or its Registry Agreement.

The .sucks domain is due to hit general availability one week from now, June 19, with a suggested retail price of $250 a year.

If anything, the $250 says much more about Vox Pop’s business model than the sunrise fees, in my opinion.