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.sucks extends controversial sunrise, delays GA

Vox Populi has extended the pricey .sucks sunrise period for three weeks, saying trademark owners need more time to participate.

Sunrise was due to end this week, with general availability kicking off today.

But Vox Pop has extended the period to June 19, with GA starting two days later.

In an email blast to fellow attendees of the INTA 2015 intellectual property conference, the registry said it has “discovered that far too many intellectual property lawyers and company executives were unaware of the registry or the availability of its names.”

Other brands were unaware of the Trademark Clearinghouse, the email said.

“Additionally, we have seen an influx of applications in the final days and hours of our TMCH Sunrise Period,” Vox Pop said.

“We are concerned about the extent of awareness and rush, and so have decided that the responsible move is to add a bit more time to the equation by extending the TMCH Sunrise period,” it said.

The change in timings have been announced on the registry’s web site.

While it’s possible to read the move cynically — a way for Vox Pop to claw more cash from rights holders — it’s not particularly unusual.

It is not unheard of for launching TLDs to extend their sunrise periods in order to deal with late demand.

Anecdotally, trademark owners tend to delay sunrise purchasing decisions until towards the end of sunrise windows, creating the impression of growing demand and adding pressure to processing cycles.

The .sucks sunrise has come under fire for its pricing — a $1,999 registry fee that is being marked up by registrars by everything from $20 to many hundreds of dollars.

Obama, Apple, cancer and Taylor Swift’s cat top lists of most searched-for .sucks domains

You’ve got to hand it to .sucks registry Vox Populi.

The pricing may be “exploitative” and “predatory”, as the intellectual property community believes, but damn if the the company doesn’t know how to generate headlines.

Vox Pop has just added a new ticker stream to its web site, fingering the 50 most sucky celebrities, politicians, companies, social ills and abstract concepts.

The lists have been compiled from “more than a million” searches for .sucks domains that Vox Pop has seen pass through its system, according to CEO and veteran PR man John Berard.

For some reason, TayloySwiftsCat.sucks is the most searched-for in the “Personalities” category.

I’m guessing this relates to a meme that has yet to reach my isolated, middle-aged, non-country-music-loving corner of the world.

Whatever the cat did to earn this ire, it’s presumably equivalent to what Barack Obama, Apple, cancer and just life generally has done to searchers on the .sucks web site.

Here are the lists of most-searched-for terms, as it stands on the .sucks web site right now.

Top Personalities:

  • 1. TaylorSwiftsCat
  • 2. JustinBeiber
  • 3. KevinSpacey
  • 4. Oprah
  • 5. KimKardashian
  • 6. KayneWest
  • 7. GuyFieri
  • 8. TomBrady
  • 9. DonaldTrump
  • 10. OneDirection

Catch Phrases:

  • 1. Life
  • 2. YourMomma
  • 3. This
  • 4. Everyone
  • 5. MyJob
  • 6. MyLife
  • 7. Reality
  • 8. YouKnowWhat
  • 9. Who
  • 10. College

Causes:

  • 1. Cancer
  • 2. Technology
  • 3. Obesity
  • 4. Racism
  • 5. Depression
  • 6. Meat
  • 7. AIDS
  • 8. Hate
  • 9. Poverty
  • 10. Government

Companies:

  • 1. Apple
  • 2. Google
  • 3. Microsoft
  • 4. Facebook
  • 5. Comcast
  • 6. Walmart
  • 7. CocaCola
  • 8. McDonalds
  • 9. Sony
  • 10. Amazon

Politicians:

  • 1. Obama
  • 2. Hillary
  • 3. TedCruz
  • 4. RandPaul
  • 5. StephenHarper
  • 6. Putin
  • 7. JebBush
  • 8. TonyAbbott
  • 9. DavidCameron
  • 10. Democrats

Make no mistake, this is a headline-generating exercise by Vox Pop.

It comes as .sucks hits 10 days left on the clock for its $1,999+-a-pop sunrise period.

The company got a shed-load of mainstream media publicity when celebrities, starting with Kevin Spacey, started registering their names in .sucks several weeks ago.

It’s looking to get more headlines now, from lazy journalists and bloggers.

This is one of the first, for which I can only apologize.

.sucks explains Sunrise Premium name change

Vox Populi Registry abandonment of the .sucks “Sunrise Premium” brand in favor of a new “Market Premium” service is just a renaming, designed to reduce confusion among trademark owners, according to the company.

As we reported Sunday, all mentions of Sunrise Premium — a list of .sucks domains that will always carry a recommended $2,499 a year fee — have been expunged from the Vox Pop web site.

They were replaced with references to Market Premium, which appeared to carry all the characteristics of Sunrise Premium albeit under a new name.

Now, CEO John Berard has confirmed to DI that the program has not changed.

Rather, the new name is an effort to distance it from the regular sunrise period, which is linked to the Trademark Clearinghouse.

The decision was made following last week’s International Trademark Association conference, Berard said:

It was an insight gained from talking to people at INTA15. The intellectual property people there asked us so many times about the sunrise premium list of names that we realized we had allowed a mis-perception to take hold. This is no and never has been a relationship between that list and the TradeMark ClearingHouse. It was surprising how many people thought we had access to the TMCH (we don’t) and merely cut-and-pasted its names.

That is why we renamed it. Now called Market Premium and more clearly presented as a set of names that over time have been viewed as valuable (because they have been registered before). Names on this list will carry a suggested price of $2,499 (yes, the same as was suggested in Sunrise). Given the list is of names that the market has decided has value, it is likely it will contain trademarks.

The change may also be an attempt to head off a contractual squabble with ICANN.

Last Friday, the ICANN Business Constituency told ICANN management that if the Sunrise Premium list had been populated by names drawn from the TMCH, that would have been a breach of the .sucks Registry Agreement.

.sucks threatens ICANN with defamation claim after “extortion” letters

Vox Populi Registry has threatened to sue ICANN for defamation and other alleged breaches of US law, over allegations of “extortion” made by two of its constituencies.

The registry’s outside law firm wrote to ICANN yesterday, saying that it has “has no interest in pursuing claims at this time” but adding:

if ICANN or any of its constituent bodies (or any directly responsible member thereof) engages in any further wrongful activity that prevents the company from fulfilling its contractual obligations and operating the .SUCKS registry as both ICANN and Vox Populi envisioned, the company will have no choice but to pursue any and all remedies available to it.

The letter follows claims by the Intellectual Property Constituency that .sucks and its $1,999 annual sunrise fees constitute a “predatory” “shakedown”, claims which ICANN has forwarded to US and Canadian trade regulators for their legal opinions.

The IPC letter was followed up by similar claims by the Business Constituency on Friday.

Vox Pop now wants these constituencies, and ICANN itself, to shut up.

“Rather than assuming cooler heads will prevail, it is time to tell ICANN to stop interfering in our ability to operate the registry,” CEO John Berard said in an email to reporters. “We are not taking legal action at this point but making it clear that we reserve the right if ICANN continues in its wrong-headed approach.”

The company denies that .sucks will encourage cybersquatting, noting that like all other gTLDs it is subject to the anti-cybersquatting UDRP and URS remedies.

it would seem that ICANN is not actually concerned about cybersquatting or any other illegal activity. Rather, ICANN appears concerned that registrations on the .SUCKS registry will be used to aggregate uncomplimentary commentary about companies and products — the very purpose for the registry that Vox Populi identified in the application it submitted to ICANN, and that ICANN approved

ICANN has disseminated defamatory statements about Vox Populi and its business practices aimed at depriving Vox Populi of the benefits of its contract with ICANN. These actions further violate the duty of good faith and fair dealing that is implied in every contract… in suggesting illegality without any basis whatsoever, your actions (and those of the ICANN IPC and ICANN BC) have given rise to defamation claims against ICANN. Vox Populi hereby demands that ICANN, including any and all of its subdivisions, cease any and all such activity immediately.

There’s bucketloads of irony here, of course.

The company says it is standing up for its future registrants’ rights to free speech, but wants its own critics gagged today.

Read the letter as a PDF here.

Businesses call on regulators to stop .sucks “extortion”

ICANN’s Business Constituency wants US and Canadian regulators to intervene to prevent Vox Populi Registry, which runs .sucks, “extorting” businesses with its high sunrise fees.

The BC wrote to ICANN, the US Federal Trade Commission and the Canadian Office for Consumer Affairs on Friday, saying .sucks has employed “exploitive [sic] pricing and unfair marketing practices”.

The constituency adds its voice to Intellectual Property Constituency, which complained last month, causing ICANN to refer the matter to US and Canadian regulators.

Now, the BC has told the OCA and FTC:

We do not believe that exploitative and unfair business practices are conducive either to promoting end-user confidence in the Internet or to fair competition in the domain name space. On the contrary, the pricing structure adopted by Vox Populi for .sucks domain names is predicated purely on expecting the businesses and brands that drive global growth to pay extortionate fees for no consumer or market benefit.

Vox Populi’s tactics exploit businesses that neither want nor need these domain name registrations but feel unfairly pressured to register purely for defensive purposes.

The BC’s letter chooses to focus on saying sunrise names cost “$2,499 and up” (original emphasis). That’s based on the MSRP Vox Pop publishes on its web site.

In reality, Vox Pop is charging a registry fee of $1,999 per year for .sucks sunrise registrations.

Retail registrars can add hundreds of dollars in mark-up fees, but the leading corporate registrars that are selling the most .sucks sunrise names — MarkMonitor, CSC and Com Laude among them — have said that as a matter of principle they are only charging a nominal $20 to $25 processing fee.

It’s not the highest sunrise fee I’ve come across. The Chinese registry behind .top asked for $3,500 during its sunrise.

But the semantics of the .sucks TLD makes brand owners nervous and makes many of them feel that a defensive registration is a must-have.

The BC now write to regulators to “urge the FTC and OCA to expeditiously determine whether these practices constitute unfair trade practices”.

The letter points to US and Canadian regulations covering consumer protection for examples of where Vox Pop’s practices may fall short of the law.

The free speech opportunities afforded by .sucks do not outweigh the harms, the BC says.

It’s also interesting to note that while the BC appears to be running to regulators for assistance, it notes that it still fully supports the ICANN model.

There may be a degree of cognitive dissonance within the BC.

In a separate letter to ICANN, also signed by BC chair Elisa Cooper and sent yesterday, the BC seems to take issue with the fact that ICANN felt the need to report .sucks to regulators in the first place, writing:

We would like to understand the rationale for doing so. ICANN has ample authority, a clear obligation and the resources available to stop rogue practices through its contractual agreements with registries, its Compliance Department, and its broad duty to protect the public interest and the security and stability of the Internet, particularly for issues with global reach. Like all other gTLDs launched under ICANN’s program, .sucks has a global reach. It is not clear why ICANN feels it should seek clarification from these two North American agencies.

It’s worth noting that Vox Pop CEO Berard is a member of the BC via his PR agency, Credible Context. He was Cooper’s immediate predecessor as BC chair, leaving the post last year.

Correction: Thanks to the many readers who pointed out that Berard was actually the BC’s representative to the GNSO, not its chair. Apologies for the error.

The letter tells Global Domains Division president Akram Atallah that “viewed in its entirety, Vox Populi’s pricing scheme is a violation of the Rights Protection Mechanisms (RPMs)” developed for the new gTLD program, alleging it discourages use of the RPMs and encourages cybersquatting.

It claims that if Vox Pop populated its Sunrise Premium list (now known as Market Premium, it seems) with data from the Trademark Clearinghouse it could be in violation of its Registry Agreement with ICANN.

My sense has been that the names on that list were actually culled from zone files. Vox Pop has said it was compiled from lists of names that have previously been defensively registered. Most of the names in the TMCH have not been defensively registered.

The BC asks for ICANN “to take strong action”, but does not specify what, exactly, it wants.

The letter to the OCA and FTC can be read here. The letter to ICANN is here. Both are PDF files.

Has .sucks abandoned its Sunrise Premium program?

Vox Populi Registry has done away with the “Sunrise Premium” part of its .sucks launch strategy, if only in name.

The pricing page of the company’s web site no longer makes any reference to Sunrise Premium, the controversial, trademark-heavy list of .sucks domains that would cost over $2,000 a year to register and renew.

Instead, there are two new categories of names: Registry Premium and Market Premium.

Registry Premium appears to be what it was previously just calling “Premium” — individually priced high-value domains such as divorce.sucks and life.sucks. That’s in tune with standard registry practice.

The new Market Premium category appears to be the replacement for Sunrise Premium. The web site describes it like this:

In General Availability, dotSucks has created a list of domains called Market Premium names. These are names that the market over time have designated as having a high value.

Previously, Vox Pop CEO John Berard told DI and other reporters that the Sunrise Premium list had been compiled from names registered or blocked in previous sunrise periods in other TLDs.

It was characterized as an additional protection against cybersquatting, but intellectual property interests saw it as a shakedown.

It’s not obvious from the updated Vox Pop web site whether Market Premium is a ground-up rethink of the Sunrise Premium concept, or is merely an empty re-branding.

The name “Sunrise Premium” was confusing, given that such domains are not actually available during the formal sunrise period. Also, the name inextricably suggested that it was a list of trademarks.

Market Premium names are priced exactly the same as Sunrise Premium — that is, $1,999 at the registry level, with a suggested retail price of $2,499.

Market Premium names will also not be eligible for the discounted “Block” service but will “likely” be eligible for the Consumer Subsidy program. That’s no change from the policies governing the Sunrise Premium incarnation.

The registry web site now also states that purchasers of the Block service, which carries a $149 registry fee, will be able to unblock their domains if they wish to actively use them, but doing so will convert the domain into a $1,999 Market Premium name.

Defensive blocking could therefore have the eventual effect of stuffing the Market Premium list with trademarks anyway (assuming any trademark holders with blocks wish to activate their .sucks names, which seems unlikely).

I’ve put in a request for clarification about Market Premium with the registry and will provide updates when I get them.

Other updates on the .sucks price list include a removal of the $9.95 suggested retail price for Consumer Subsidy names.

Consumer Subsidy names are supposedly going to be run by a third party consumer advocacy group from Everything.sucks, but that group has not been identified by Vox Pop yet.

The fact that the registry seemingly had no deal in place but already knew the price suggested to many that Everything.sucks would just be another shell company managed by Vox Pop owner Momentous. Berard reportedly denied this publicly at the INTA 2015 conference last week.

The Vox Pop web site now states “dotSucks is hopeful that this will bring the individual consumer price below 10 dollars.”

Congress to put .sucks on trial

Kevin Murphy, May 6, 2015, Domain Policy

The US Congress is to hold a hearing to look into the .sucks gTLD and ICANN accountability.

A hearing entitled “Stakeholder Perspectives on ICANN: The .sucks Domain and Essential Steps to Guarantee Trust and Accountability in the Internet’s Operation” has been scheduled by the House Subcommittee on Courts, Intellectual Property, and the Internet

It will take place in Washington DC next Wednesday, May 13.

The list of witnesses does not yet appear to have been published.

I would guess we’d be looking at, at the very least, somebody senior from ICANN, somebody senior from .sucks registry Vox Populi, and an intellectual property lawyer.

It was ICANN’s Intellectual Property Constituency that complained about .sucks’ sunrise policies and fees, causing ICANN to refer the matter to US and Canadian trade regulators.

The title of the House hearing suggests that the .sucks controversy will be inextricably tied to the broader issue of ICANN accountability, which is currently undergoing a significant review as ICANN seeks to split permanently from US government oversight.

That’s not great optics for ICANN; I’m sure the organization would rather not have its performance judged on what is quite an unusual edge case emerging from the new gTLD program.

.porn and .adult sunrises net around 8,000 sales

The sunrise periods for .porn and .adult netted just shy of 4,000 domains per TLD, according to ICM Registry.

The company said .porn received 3,995 registrations while .adult trailed slightly with 3,902.

Those numbers are a combination of regular Trademark Clearinghouse sunrise registrations and Sunrise B registrations.

The ICANN-mandated sunrise periods ended April 1 and were followed by unique Sunrise B periods, during which anyone who bought a .xxx block in 2011 could register the matching new gTLD names.

This time, however, Sunrise B domains actually do resolve.

I believe the the Sunrise B phases accounted for something like 1,500 names apiece.

The previous high bar for 2012-round new gTLD sunrises was .london, with just over 800 registrations.

While .porn and .adult may be record breakers for this round, sales were just a twentieth of the levels seen when .xxx launched in 2011 — about 80,000 names were defensively registered back then.

Later this week, ICM will kick off another launch phase — Domain Matching — during which anyone who owned a .xxx domain prior to April 30 can get their matching .porn and .adult names.

General availability is scheduled for June 4.

ICANN in “fact-finding” mode over potential .sucks breach

Kevin Murphy, April 13, 2015, Domain Registries

ICANN is playing its cards close to its chest when pressed on what it thinks Vox Populi may have done wrong with its .sucks launch pricing and policies.

The organization told DI in a statement that it is currently “fact-finding”, and will not speculate on what parts of the Registry Agreement may have been breached.

ICANN on Thursday reported Vox Pop to the US and Canadian trade regulators, asking them to judge whether the registry’s $2,000 sunrise fee broke any laws.

Its Intellectual Property Constituency reckons the launch, which also places thousands of trademarks on permanent, high-priced “Sunrise Premium” list amounts to nothing more than a “shakedown” of brand owners.

Vox Pop CEO John Berard told DI last week that the referral to the US Federal Trade Commission, despite that fact that the company and its owners are Canadian, amounted to “appeasement” of the IPC.

In response, ICANN told DI in a statement:

The registry is offering domain name registrations to registrants located in jurisdictions around the world. It¹s possible that a registry’s activities could violate the law in the registry’s own jurisdiction; it is also possible that a registry’s activities could violate the law in the jurisdiction of a registrar or registrant where the registry offers domain name registrations. In this case, the IPC letter was signed by an attorney based in New York City, and ICANN thought it appropriate to ask both U.S. and Canadian authorities to consider the IPC allegations.

ICANN seems to be saying on the one hand that registries are beholden to the laws of wherever their registrants are based and on the other hand that the jurisdiction of the IPC’s current president, Greg Shatan, somehow has a bearing on what laws gTLD registries are obliged to obey.

I await correction from more knowledgeable readers, but I don’t think either of those statements is accurate.

If the latter is true, then perhaps the IPC should in future elect its leaders from only the countries with the most trademark-friendly regimes.

In ICANN’s letters to the FTC and IPC, the organization said it was “evaluating other remedies”. From the context, it seems that ICANN is thinking it could initiate some kind of compliance action against .sucks regardless of the what governmental regulators say.

Asked to explain this, ICANN told DI:

We¹re currently doing some fact-finding and analysis to assess whether there has been any breach by the registry of its obligations, and, based on the results of that analysis, we will try to determine what remedies, if any, may be available. Obviously, it will depend on all the facts and circumstances. Beyond that, since we haven¹t finished that evaluation process it would be inappropriate to speculate about possible remedies.

That’s not saying much, but it leaves the door open for ICANN Compliance to do something even if the FTC and Office of Consumer Affairs deem that no laws have been broken.

One possible “breach” that has been floated relates to the differential pricing created by the Sunrise Premium list. However, my take on this is that, under the new gTLD contracts, it’s not massively different to other kinds of premium pricing program.

Differential pricing protections only apply to renewal fees. If the registrant is told at the point of sale that their renewal fees will be high, that enables registries to put different fees on different domains.

There have also been theories put forward about ICANN’s motivation for referring .sucks to regulators.

The idea that ICANN can defer to the FTC and others on legal matter is not entirely new. In cases where registries intend to merge, ICANN is allowed under its contracts to refer the deals to regulators before approving them.

But this is the first time ICANN has referred new gTLD pricing to competition authorities.

Is it a case of ICANN ass-covering?

ICANN is taking unique fees worth up to $1 million extra from Vox Populi and, as I wrote two weeks ago, the optics of this are bad for ICANN, which could look like it is profiteering from .sucks.

ICANN has explained that the extra fees related to entities that were owned by Vox Pop parent Momentous, the Canadian registrar that had many subsidiaries go out of business owing ICANN a tonne of cash.

By punting the IPC’s complaint to regulators, ICANN could deflect criticism that it is not doing enough to protect rights holders and registrants while avoiding having to make a tricky decision itself.

Regardless, the FTC referral and the fact that ICANN is charging Vox Pop special fees sends a strong message that ICANN does not trust the registry one bit.

Kevin Spacey among first .sucks buyers

Kevin Spacey, Google, Apple and Microsoft are among the first to buy .sucks domains in apparent attempts to protect their reputations.

Vox Populi Registry, which took .sucks to its sunrise period on Monday, has started publishing the names of sunrise registrants on its web site.

Names scrolling past on a ticker stream this morning include kevinspacey.sucks, gmail.sucks, siri.sucks and windowsphone.sucks.

Other brands to register so far include Instagram, WordPress, Bank of America, Wells Fargo and Wal-Mart.

The dominant registrars on the ticker are MarkMonitor, CSC and LexSynergy, which all specialize in brand protection.

It’s notable that some of the registered strings are secondary brands covering products and services, rather than merely the company’s name.

That could suggest that trademark owners are being somewhat aggressive in their defensive registrations in .sucks.

Actor Kevin Spacey, the only celebrity I spotted on the ticker, has a track record of protecting his personal brand online.

In 2002, he won a cybersquatting complaint over kevinspacey.com, which is now his official web site.

Spacey… well, let’s just say he has been the subject of many speculative media reports over the years. We have mutual acquaintances and from what I hear I can see why he wouldn’t want his brand in third-party hands.

UPDATE: Taylor Swift’s people, who made headelines a few weeks ago by buying taylorswift.porn, have also acquired taylorswift.sucks via MarkMonitor.