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URS is live today as .pw voluntarily adopts it

Kevin Murphy, July 29, 2013, Domain Policy

Directi has become the first TLD registry to start complying with the Uniform Rapid Suspension process for cybersquatting complaints.

From today, all .pw domain name registrations will be subject to the policy, which enables trademark owners to have domains suspended more quickly and cheaply than with UDRP.

URS was designed, and is obligatory, for all new gTLDs, but Directi decided to adopt the policy along with UDRP voluntarily, to help mitigate abuse in the ccTLD namespace.

URS requirements for gTLD registries have not yet been finalized, but this is moot as they don’t apply to .pw anyway.

To date, only two UDRP complaints have been filed over .pw domains.

The National Arbitration Forum will be handling URS complaints. Instructions for filing can be found here.

ICANN backtracks on URS contracts

Kevin Murphy, July 22, 2013, Domain Policy

ICANN seems to have changed its mind about requiring Uniform Rapid Suspension providers to sign enforceable contracts, angering the Internet Commerce Association.

As we reported in May, the ICA claimed a victory when ICANN said in a written answer to its persistent inquiries that URS providers would be bound by contract.

An ICANN Q&A, referring to a question the ICA’s Phil Corwin asked at the ICANN meeting in Beijing, said:

[Q] As regards Uniform Rapid Suspension (URS) providers, will there be a contract developed that goes beyond the non-enforceable memorandum of understanding? Will there be other URS providers?

[A] Yes, a contract is being developed and additional URS providers will be added.

It’s difficult to interpret that as anything other than “Yes, a contract is being developed.” The fact that the question draws the distinction between a contract and an MoU seems to remove any ambiguity.

But at the ICANN 47 meeting in Durban last week, ICANN appeared to backtrack on this position.

During a URS demo session, gTLD registry services director Krista Papac said that URS providers will only have to agree to an MoU.

“This breach of a written commitment is unacceptable,” Corwin later said at the Public Forum on Thursday.

In response, ICANN deputy general counsel Amy Stathos said:

An MoU is a contract. I recognize that you don’t necessarily recognize that as the full contract that you were contemplating or that had been contemplated. But that is a contract. And it calls and requires the URS providers to comply with all the rules and procedures that are in the Guidebook.

On Friday, ICANN then published a (hastily written?) document that sought to spell out its position on contracts for URS and UDRP providers. It says:

ICANN has carefully considered whether the introduction of contracts is feasible or useful in the scope of UDRP proceedings, and has determined that contracts would be a cumbersome tool to assert to reach the same outcome that exists today.

It goes on to address some of the concerns that the ICA and others have put forward in the past. The organization, which represents big-volume domainers, is worried that some UDRP providers find more often in favor of complainants in order to secure their business. Enforceable contracts, it says, would help prevent that.

ICANN said in its new position statement (pdf) that it has never seen behavior from UDRP providers that would require it to take action, but added:

Of course, there is always the future possibility that an issue of non-compliance will arise that will require corrective action. In recognition of that potential, ICANN commits that substantiated reports of UDRP provider non‐compliance with the UDRP or the Rules will be investigated.

Contracts, it said, would not stop forum shopping.

URS providers to get contracts

Kevin Murphy, May 13, 2013, Domain Services

The companies handling Uniform Rapid Suspension domain name disputes will be bound to a contract, ICANN has said.

In a follow-up Q&A document (pdf) from the public forum session at the ICANN meeting in Beijing last month, posted Friday, ICANN said:

As regards Uniform Rapid Suspension (URS) providers, will there be a contract developed that goes beyond the non-enforceable memorandum of understanding? Will there be other URS providers?

Yes, a contract is being developed and additional URS providers will be added.

That appears to be new information.

Domainers, and the Internet Commerce Association, which represents domainers, have long pressed for UDRP providers and, more recently, URS providers, to be bound by contracts.

The ICA, for example, has often said that no new UDRP providers should be approved until there’s a contractual way for ICANN to prevent mismanagement of disputes and “forum shopping”.

Soon, it seems, at least URS providers will have some contractual coverage.

The National Arbitration Forum and the Asian Domain Name Dispute Resolution Centre have already been approved as URS providers.

NAF prices URS at $375 to $500 per case

Kevin Murphy, April 22, 2013, Domain Policy

The National Arbitration Forum has released its price list for Uniform Rapid Suspension complaints, saying that the cheapest case will cost $375.

That’s for cases involving one to 15 domains. Prices increase based on the number of domains in the filing, capped at $500 for cases involving over 100 names.

The prices are within the range that ICANN had asked of its URS providers.

Some potential URS vendors had argued that $500 was too low to administer the cases and pay lawyers to act as panelists, but changed their tune after ICANN opened up an RFP process.

NAF’s price list also includes response fees of $400 to $500, which are refundable to the prevailing party. There are also extra fees for cases involving more than one panelist.

The prices are found in the NAF’s Supplemental Rules for URS, which have not yet been given the okay by ICANN. NAF expects that to come by July 1.

Asian outfit named second URS provider

Kevin Murphy, April 22, 2013, Domain Policy

The Asian Domain Name Dispute Resolution Centre has been approved by ICANN as a provider of Uniform Rapid Suspension services.

The two organizations signed a memorandum of understanding last week, ICANN said.

ADNDRC is the second URS resolution provider to be named, after the US-based National Arbitration Forum. It’s got offices in Beijing, HongKong, Seoul and Kuala Lumpur and tends to hand local cases.

While it’s been a UDRP provider since 2001, it’s only handled about 1,000 cases in that time, according to DI’s records. That’s about 16 times fewer than NAF and 17 times fewer than WIPO.

ICANN said that more providers will be appointed in future.

URS is a faster, cheaper version of UDRP that allows obviously trademark-infringing domains to be suspended — not transferred — for about $500 a pop. It will only apply to new gTLDs at first.