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Donuts’ trademark block list goes live, pricing revealed

Kevin Murphy, September 25, 2013, Domain Registries

Donuts’ Domain Protected Marks List, which gives trademark owners the ability to defensively block their marks across the company’s whole portfolio of gTLDs, has gone live.

The service goes above and beyond what new gTLD registries are obliged to offer by ICANN.

As a “block” service, in which names will not resolve, it’s reminiscent of the Sunrise B service offered by ICM Registry at .xxx’s launch, which was praised and cursed in equal measure.

But with DPML, trademark owners also have the ability to block “trademark+keyword” names, for example, so Pepsi could block “drinkpepsi” or “pepsisucks”.

It’s not a wildcard, however. Companies would have to pay for each trademark+keyword string they wanted blocking.

DPML covers all of the gTLDs that Donuts plans to launch, which could be as many as 300. It currently has 28 registry agreements with ICANN and 272 applications remaining in various stages of evaluation.

Trademark owners will only be able to sign up to DPML if their marks are registered with the Trademark Clearinghouse under the “use” standard required to participate in Sunrise periods.

Donuts is also excluding an unspecified number of strings it regards as “premium”, so the owners of marks matching those strings will be out of luck, it seems.

Blocks will be available for a minimum of five years an maximum of 10 years. After expiration, they can be renewed with minimum terms of one year.

The company has not disclose its wholesale pricing, but registrars we’ve found listing the service on their web sites so far (101domain and EnCirca) price it between $2,895 and $2,995 for a five-year registration.

It looks pricey, but it’s likely to be extraordinarily good value compared to the alternative of Sunrise periods.

If Donuts winds up with 200 gTLDs in its portfolio, a $3,000 price tag ($600 per year) works out to a defensive registration cost of $3 per domain per gTLD per year.

If it winds up with all 300, the price would be $2.

That’s in line (if we’re assuming non-budget pricing comparisons and registrars’ DPML markup), with Donuts co-founder Richard Tindal’s statement earlier this year: that DPML would be 5% to 10% the cost of a regular registration.

Tindal also spoke then about a way for rival trademark owners to “unblock” matching names, so Apple the record company could unblock a DPML on apple.music obtained by Apple the computer company, for example.

Donuts is encouraging trademark owners to participate before its first gTLDs goes live, which it expects to happen later this year.

Trademark+50 coming in October

Kevin Murphy, September 10, 2013, Domain Policy

The controversial “Trademark+50” anti-cybersquatting service for new gTLDs is set to go live October 11 or thereabouts, ICANN announced last night.

Trademark+50 is the name given to a function of the Trademark Clearinghouse that enables trademark owners to obtain protection for strings that they’ve previously won at UDRP proceedings.

The service will be limited to 50 strings per trademark, with the total number of strings only limited by the total number of trademarks submitted.

ICANN said:

Rights holders may submit these domain name labels for association with existing Clearinghouse records as early as 11 October 2013. Once previously-abused labels have been verified, they will be integrated into the Trademark Claims service. ICANN expects this to occur by 18 October 2013, ahead of the earliest anticipated new gTLD Claims period.

In July at ICANN’s meeting in Durban, an IBM rep said that a Trademark+50 launch would be “difficult to reach before the middle of September”, which seems to have proven correct.

Pricing for Trademark+50, which we assume will entail a great degree of manual validation, does not appear to have been published yet.

Strings added to the IBM-run TMCH database under Trademark+50 will be eligible for Trademark Claims notifications, but not Sunrise periods, when new gTLDs launch.

Critics have repeatedly raised Trademark+50 as an example of ICANN going outside of its usual community-based policy-development processes in order to push through an unpopular mechanism.

Non-commercial users have criticized the system because it assumes that all strings won at UDRP are inherently cybersquatty, whereas the UDRP itself also requires the domain to have been used in bad faith.

Trademark owners have been able to submit their marks to the TMCH for several months, but Trademark+50 was a later addition to the new gTLD program’s rights protection mechanisms.

Teething troubles for TMCH testing

Kevin Murphy, September 5, 2013, Domain Registries

With the first new gTLD delegation likely just a matter of weeks away, registries and registrars are reporting problems getting access to the Trademark Clearinghouse for testing purposes.

ICANN launched an OT&E (operational test and evaluation environment) for companies to test their systems against the IBM-run TMCH back-end last week, but few have so far managed to get in.

Some registrars have been denied access because they have not yet signed the 2013 Registrar Accreditation Agreement.

While that’s a prerequisite for selling new gTLD domains, some say it should not also be a barrier to testing their TMCH implementation before they decide to sign on the dotted line.

At least one registrar that has actually signed the 2013 RAA also says it has been denied access.

Meanwhile, several back-end applicants and back-end registry providers have reported that they too have been told they can’t access the OT&E until they’ve signed the 2013 RAA.

Registries are of course not obliged to sign any RAA in order to act as registries.

Others say they’ve received the credentials needed to access the OT&E but that they don’t work.

ICANN has blamed a mix-up in its workflow for the registries getting blocked, something it expects to get fixed quickly. It’s also looking into the complaints from registrars.

The TMCH is the database that registries and registrars will use to validate trademarks during sunrise periods, and to check for possible cybersquatting during the first few months of launch.

dotShabaka Diary — Day 2

Kevin Murphy, August 11, 2013, Domain Registries

This is the second in DI’s series following the progress of شبكة. applicant dotShabaka Registry as it prepares to be one of the first new gTLD registries to launch.

The following journal entry was written by dotShabaka general manager Yasmin Omer:

Date: Saturday 10 August 2013

It has been nearly a month since we signed our Registry Agreement with ICANN and we are still confused about TMCH Integration Testing, which is a concern given it’s now seven weeks out from ICANN’s first delegation date.

Whilst we have access to the Sandbox LORDN file test environment, ICANN happened to mention that the ‘OT&E environment’ is available in this week’s webinar. That’s new information.

We still have no idea what the process is for TMCH integration testing or how we access the environment. Are there test cases? What’s the schedule?

The lack of information is a concern as we need to pass TMCH Integration to provide Sunrise notice. Let’s hope it’s not as complicated as PDT.

In other news, we received an email from Wendy Profit (Registry Product Manager) yesterday. It’s the first formal email we have received since signing our contract nearly a month ago.

The email contained a copy of the contract and a spreadsheet for contact details. Not sure if Wendy is indeed our account manager or if we even have one. We have sent an email asking her the same. Clearly we have a few questions for an Account Manager once we get one.

You can read past and future entries in this series here.

Trademarks still trump founders in latest TMCH spec

Kevin Murphy, August 7, 2013, Domain Registries

New gTLD applicants and ICANN seem to have failed to reach an agreement on how new registries can roll out founders programs when they launch.

A new draft of the Rights Protection Mechanism Requirements published last night, still appears to make it tricky for new gTLD registries to sell domain names to all-important anchor tenants.

The document (pdf), which tells registries what they must do in order to implement Sunrise and Trademark Claims services, is unchanged in many major respects from the original April draft.

But ICANN has published a separate memo (pdf) comprising a handful of asks made by applicants, which highlight where differences remain. Both are now open for public comment until September 18.

Applicants want text adding to the Requirements document that would allow them to give or sell a small number of domains to third parties — namely: anchor tenants — before and during Sunrise periods.

Their suggested text reads:

As set forth in Specification 5 of the Agreement, Registry Operator MAY activate in the DNS up to one hundred (100) names necessary for the operation and promotion of the TLD. Pursuant to these Requirements, Registry Operator MAY register any or all of such domain names in the TLD prior to or during the Sunrise Period to third parties in connection with a registry launch and promotion program for the TLD (a “Qualified Registry Launch Program”), provided that any such registrations will reduce the number of domain names that Registry Operator MAY otherwise use for the operation and promotion of the TLD as set forth in Specification 5.

The base new gTLD Registry Agreement currently allows up to 100 names to be set aside before Sunrise only on the condition that ownership stays in the hands of the registry for the duration of the registration.

Left unaltered, that could complicate deals where the registry wants to get early registrants through the door to help it promote its gTLD during the critical first few months.

A second request from applicants deals with the problem that Sunrise periods also might interfere with preferred allocation programs during the launch of community and geographic gTLDs.

An example given during the recent ICANN Durban meeting was that of the .london registry giving first dibs on police.london to the Metropolitan Police, rather than a trademark owner such as the Sting-fronted band.

The applicants have proposed to allow registries to request “exemptions” to the Requirements to enable this kind of allocation mechanism, which would be offered in addition to the standard obligatory RPMs.

Because these documents are now open for public comment until September 18, that appears to be the absolute earliest date that any new gTLD registry will be able to give its mandatory 30-day pre-Sunrise warning.

In other words, the hypothetical date of the first new gTLD launch appears to have slipped by a couple of weeks.