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.
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.
In a landmark decision, a US court has ruled that GoDaddy’s practice of parking unused domains with Google advertising does not count as cybersquatting.
The Academy of Motion Picture Arts and Sciences, which runs the annual Oscars awards, sued the registrar five years ago after seeing that GoDaddy had parked hundreds of names containing its mark.
Under UDRP, registrar parking is controversially often taken as a sign of the registrants bad faith by panelists.
But the California court ruled that GoDaddy’s actions did not amount to trademark infringement due to the unique circumstances of the case.
GoDaddy did not select the advertisements — Google’s algorithms did — nor did it manually review which domains were being parked.
Domain Name Wire has a pretty good breakdown of the key points in the 129-page ruling.
What’s going to be interesting is whether UDRP panelists — which sometimes take their cues from US legal precedent — will start to adjust to view registrar parking in a more benign way when judging registrant bad faith.
ICANN has suspended OpenTLD’s ability to sell gTLD domain names for the second time, following an arbitration ruling yesterday.
OpenTLD, part of the Freenom group, will not be able to sell gTLD names or accept inbound transfers from tomorrow — about two hours from now — to November 24, according to ICANN’s web site.
That doesn’t give the company much time to make the required changes to its web site and registrar systems.
As reported earlier today, OpenTLD lost its battle to have the suspension frozen in arbitration with ICANN.
The arbitrator agreed with ICANN Compliance that the registrar cybersquatted its competitors and has not yet done enough to ensure that it does not do the same again in future.
Free domains provider OpenTLD has been dealt a crushing blow in its fight against the suspension of its Registrar Accreditation Agreement.
ICANN is now free to suspend OpenTLD’s RAA, due to the company’s “pattern of cybersquatting”, following a decision by an independent arbitrator.
The arbitrator ruled yesterday that OpenTLD’s suspension should go ahead, because “OpenTLD’s continued operation could potentially harm consumers and the public interest.”
The 90-day suspension was imposed by ICANN Compliance in June, after it became aware that OpenTLD had lost two UDRP cases filed by competing registrars.
WIPO panelists found in both cases that the company had infringed its competitors’ trademarks in order to entice resellers over to its platform.
The suspension was put on hold voluntarily by ICANN, pending the arbitrator’s ruling on OpenTLD’s request for emergency stay. That request was conclusively rejected yesterday.
The arbitrator wrote:
the Arbitrator has little doubt that the multiple abusive name registrations made by OpenTLD, each of which included the registered mark of a competing domain name registrar and OpenTLD’s subsequent use of those domains… formed part of a broad concerted effort by OpenTLD calculated to deliberately divert name registration business, otherwise destined for competing domain name registrars… away from those registrars to OpenTLD instead.
He wrote that OpenTLD needs to put a process in place to prevent similarly cybersquatty behavior in future, rather than just making a commitment to changing its ways.
It’s pretty harsh stuff.
OpenTLD said recently that a suspension would “devastate” and “decimate” its business, due to the intertwining of its massive ccTLD business and rather smaller gTLD platform, but the arbitrator thought a technology workaround would be rather simple to implement.
No RAA means no gTLD sales and no inbound transfers.
OpenTLD is part of Freenom, which runs .tk and other free-to-register ccTLDs.
The company’s only ray of sunlight in the ruling is that the arbitrator said the costs of the proceeding should be split equally, not all falling on OpenTLD’s shoulders.
ICANN has not yet re-instituted the suspension, but it could come soon.
The full ruling can be read here.
ICANN has accused OpenTLD, the registrar arm of Freenom, of cybersquatting famous brands even after it was threatened with suspension.
The claims may be worrying for some registrars as ICANN may in fact be holding the registrar responsible for the actions of its proxy service customers.
OpenTLD was suspended by ICANN in early July, after two UDRP rulings found the company had cybersquatted rival registrars’ brands in order to poach customers.
The suspension was lifted after just a few hours when OpenTLD took ICANN to arbitration under the terms of its Registrar Accreditation Agreement.
In ICANN’s latest arbitration filing, the organization’s lawyers argue that the suspension should not be stayed, because OpenTLD has been shown to engage in a pattern of cybersquatting.
Like the original suspension notice, the filing cites the two UDRP losses, along with footnotes indicating that as many as seven competing brands had been cybersquatted.
But ICANN has now also escalated its allegations to bring in non-registrar brands where it’s far from clear that OpenTLD is the actual registrant.
ICANN’s filing states:
even a brief review of the domain names in OpenTLD’s portfolio demonstrates that OpenTLD appears to be continuing to engage in bad faith and abusive registration practices. As of 3 August 2015, there were at least 73 gTLD domains registered to Stichting OpenTLD WHOIS Proxy (which is OpenTLD’s proxy service) that are identical to or contain the registered trademarks or trade names of third parties, including, by way of small example, the domain names barnesandnoble.link, sephora.bargains, at-facebook.com, ebaybh.com, googlefreeporn.com, global-paypal.com, hotmailtechnicalsupport.com, and secure-apple.com. ICANN is not aware of any legitimate interest or right that OpenTLD has to use these third-party trademarks and trade names.
Even more concerning is the fact that at least 14 gTLD domain names that contain the registered trademarks or trade names of third parties were registered by OpenTLD’s proxy service after the 23 June 2015 Suspension Notice was issued to OpenTLD, further demonstrating that OpenTLD’s overtures of “cooperation” ring hollow.
To be clear, that’s ICANN accusing OpenTLD of cybersquatting because some of the domains registered via its privacy service appear to be trademark infringements.
It’s basically equating infringing use of OpenTLD’s proxy service (such the registration of barnesandnoble.link) with the infringing behavior of OpenTLD itself (such as the registration of godaddy.cf, a February 2015 screenshot of which can be seen below.)
This may just be legal posturing, but I imagine many other registrars would be worried to know that they could have their accreditation suspended for cybersquatting simply because some of their privacy customers are cybersquatters.
I’d wager that every proxy/privacy service available has been used by blatant cybersquatters at one time or another.
Filings in the arbitration case can be found here.