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For $10,000, Donuts will block hundreds of typos and premiums for your brand

Kevin Murphy, September 28, 2016, Domain Registries

Donuts has announced an expansion of its domain-blocking service that will enable brand owners to cheaply (kinda) block misspellings of their trademarks.

Brand owners whose trademarks match “premium” generic strings will also be able to take matching domains out of circulation using the registry’s new DPML Plus service.

DPML, for Domain Protected Marks List, is Donuts’ way of giving trademark owners a way to bulk-block their marks across Donuts’ entire stable of gTLDs, which currently stands at 197 strings.

With typical sunrise period prices at $200+, registering a single string across almost 200 gTLDs during sunrise could near a $40,000 outlay. In general availability, it would often be about a tenth of that price.

But the original DPML, with a roughly $3,000 retail price for a five-year block, reduced the cost to protect a single string to about $3 per domain per year.

Now, with DPML Plus, Donuts is offering a premium service that adds the ability to block typos and premium names.

Typos and substring-based blocking were near the top of the intellectual property community’s wish-list when the new gTLD program was being developed, but those features were never incorporated into ICANN rights protection mechanisms.

But for $9,999 (suggested retail price), DPML Plus buyers get a 10-year block on the string that matches their trademark and three extra strings that are either typos of the trademark or contain the trademark as a substring, Donuts said.

So Google would for example be able to block android.examples, anrdoid.examples, androidphone.examples and googleandroidphone.examples using a single DPML Plus subscription.

Basically, they get to block up to 788 domains at $9,999 over 10 years, which works out to about $1.26 per domain per year.

It looks nice and cheap on that basis, but companies wishing to block dozens of base trademarks would be looking at six or seven-figure up-front payments.

DPML Plus also lifts the ban on blocking “premium” domains.

Under the old DPML, customers could not block a domain if Donuts had flagged it with a premium price, but under DPML Plus they can.

This opens the door to brand owners who have valuable trademarks on generic dictionary words to get them blocked across the whole Donuts portfolio.

A Donuts spokesperson said the company reserves the right to reject such strings if it suspects gaming.

Another benefit of the DPML Plus is the ability to prevent other companies with identical trademarks later unblocking and snatching blocked domains for themselves.

Currently, third parties with matching brands can “override” DPML blocks, but that feature is turned off for DPML Plus subscribers. They get exclusivity for the life of the block.

Donuts said the Plus offer will only be available to buy between October 1 and December 31.

As an added carrot, from January 1 the price of its vanilla DPML service is going to go up by an amount the company currently does not want to disclose.

Amazingly, .blockbuster will soon be a gTLD

Video rental chain Blockbuster may have gone the way of the the 8-track, the VCR, and the Nokia cell phone, but it will soon have a gTLD of its own.

The .blockbuster gTLD application completed its pre-delegation testing with ICANN this week and is now with IANA/Verisign, ready to go live on the internet in the coming week or so.

It’s a fairly straightforward dot-brand application, even though the brand itself is pretty much dead.

Blockbuster, which at its peak in 2004 had 9,000 rental stores in its chain, was rescued from its Netflix-induced bankruptcy by TV company Dish Network back in 2011.

Dish applied for .blockbuster in 2012 when the brand was still, if only barely, a going concern.

However, since that time all of its remaining Blockbuster stores have been closed down and the Blockbuster-branded streaming service has been renamed Sling.

The web site at blockbuster.com is a husk that hasn’t been updated since 2014.

And yet the brand will shortly be at the cutting edge of online branding by having its own new gTLD.

A dot-brand without a brand? Surely this will be among the most useless new gTLDs to hit the ‘net.

Does .tickets have the ultimate anti-cybersquatting system?

Kevin Murphy, January 19, 2016, Domain Registries

I’ve never seen anything like this before.

.tickets gTLD registry Accent Media has launched an anti-cybersquatting measure that lets the world know who is trying to register what domain name a whole month before the domain is allowed to go live.

The service, at domains.watch, is currently only being used by .tickets, but it seems to be geared up to accept other TLDs too.

A spokesperson said the site soft-launched a couple months ago.

Today, if you want to register a .tickets domain name, you have a choice of two processes — “fast-track” or “standard”.

Fast-track is for organizations with trademarks matching their names. It take five days for the trademark to be verified and the domain to go live.

Standard-track applications, however, are published on domains.watch for 30 days before the the registration is fully processed (under the registry hood, the domain are kept in “Pending Create” status).

Domains.Watch

During that 30 days, anyone with a trademark they believe would be infringed by the domain may file a challenge against the registration. They have to pay a fee to do so.

The would-be registrant can counter by showing their own rights. If they have no documented rights, the challenger gets the name instead.

“Rights” in the case of .tickets means a trademark or evidence of use of a mark in a ticketing-related context.

While it’s certainly not unusual in the industry for restricted TLDs to manually vet their registrants before processing a registration, I’ve never before come across a registry that does it all in public, allowing basically anyone — or, at least, anyone who is willing to pay the challenge fee — to challenge any registration.

Can you imagine what the domain world would be like if this kind of system were commonplace across a range of TLDs?

A lot of people outside the industry — particularly in security, I fancy — would love it.

Top 2015 new gTLD sale looks like cybersquatting

Kevin Murphy, January 8, 2016, Domain Sales

One of the top secondary market domain sales of 2015, as reported by Sedo, appears to be a case of somebody selling a domain matching a trademark to the trademark’s owner.

According to a press release yesterday, the domain basic-fit.fitness was the third-priciest reportable new gTLD domain sale handled by Sedo last year.

It went for €7,949 ($8,634).

Given that it’s not intrinsically an attractive-looking domain, I tried to figure out why it sold.

Judging by Whois records, the buyer is the corporate owner of Basic-Fit, a chain of over 300 gyms in four European countries.

It has at least one trademark on “Basic-Fit”.

The original registrant, according to records cached by DomainTools, was a Belgian web designer.

The domain seems to have changed hands around May last year. In April, it spent a couple of weeks under Whois privacy.

The domain was registered August 27, 2014, the day .fitness exited its Early Access Period and domains were available at regular prices.

It seems the same Belgian web designer owns several more new gTLD domain names matching brands that are parked with Sedo and available to buy instantly.

Many are .immo (“.realestate”) domains matching the brands of Belgian real estate firms. There are also a few .beer domains under his name matching the brands of breweries and beers in the UK, US and Czech Republic.

It’s not unheard of for web developers to register domains on behalf of clients. It’s rather less common for them to then list them for sale, with buy-now prices, on domain marketplaces.

Looks dodgy to me.

TLS says .feedback will be “UDRP-proof”, will hire lawyers to defend registrants

Kevin Murphy, December 21, 2015, Domain Services

Top Level Spectrum plans to make its .feedback domains dirt cheap for domainers during its forthcoming Early Access Period, and is claiming that its domains will be “UDRP-proof”.

CEO Jay Westerdal told DI today that the registry will even hire lawyers to defend its registrants if and when UDRP cases arise.

The company has also introduced a new $5,000 “claims” service that is guaranteed to drive the intellectual property community nuts.

.feedback is shaping up to be one of the most fascinating new gTLD launches to date.

The company’s original plan, to sell 5,000 trademark-match domains to a single entity after its sunrise period ends has been tweaked.

Now, it will instead offer huge rebates during its Early Access Period next month, which will bring the price to registrants down from as much as $1,815 to as little as $5.

It’s called the “Free Speech Partner Program”.

To qualify for the program rebate, registrants will have to agree to stick to using TLS’s specially designated name servers, which point to a hosted feedback service managed by the registry.

An example of such a site can be seen at donaldtrump.feedback, which is among several US presidential candidate names TLS has registered to itself recently.

That commitment will be passed on if the domain ever changes hands, and a $5,000 fee will be applicable if the registrant wants to switch to their own name servers.

A registry charging a lower fee during EAP than GA is unheard of, but that’s what TLS is planning.

Rebates will not be available during the first three days of EAP, which starts January 6 at $14,020 per name. Days two and three see domains priced at $7,020 and $3,520.

From January 9 to January 18, rebates will bring the prices down to $5 per domain.

That’s a quarter of the $20 registry fee it plans to charge during general availability.

“Our plan is to sell thousands of domains before normal GA,” Westerdal said.

“It is a great opportunity for domainers to register domains that will be UDRP proof,” he said. “As free speech sites they are going to improve the world and let anyone read reviews on any subject.”

“I think they are UDRP proof,” he said. “As a registry we will hire lawyers to fight cases that arise.”

Asked to confirm that TLS would pay for lawyers to defend its registrants in UDRP cases, he said: “Hell yes we will.”

The registry plans to give trademark owners a way to avoid UDRP, however, if they’re willing to pay $5,000 for the privilege.

“Free Speech” registrants will have to agree not only to use TLS’s feedback platform, but also to allow the owners of trademarks matching their domains to more or less unilaterally seize those domains for up to two years after registration.

This “claims period” is also unprecedented in new gTLD launches. It’s described like this:

The registry will accept trademarks for a period of 2 years after the initial registration on a “Free Speech Partner Program” domains. The cost is $5,000 to have the mark validated, if the trademark is found to be the first to successfully make a claim against a domain in the program the domain will be transferred to the mark holder. The mark holder will be allowed to change name servers and is not subject to the “Free Speech Partner Program” terms of service.

Domain registrants of the “Free Speech Partner Program” agree the outcome of a validated mark by the Registry have no further claim to the domain if it is transferred to a new registrant.

If TLS is trying to design a system that will enrage the trademark community to the maximum extent possible, it’s doing a fantastic job.

It even introduced a new clause (2.9, here) to its registration agreement earlier this month, obliging registrants to point their domains to a web page that collects feedback. That means nobody will be allowed to leave their .feedback domains dark.

Are these measures justifiable disincentives, or plain old extortion? Opinion will no doubt be split along the usual lines.