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Donuts makes private deal with wine-makers

Donuts inked a private side-deal with wine-making regions in order to launch the .wine and .vin new gTLDs

The company signed both Registry Agreements with ICANN late last week, after the wine regions and the European Union stopped complaining.

The EU and regions had filed Cooperative Engagement Process objections with ICANN, saying that Donuts should be forced to protect “geographic indicators” such as Napa Valley and Champagne.

CEPs are often precursors to Independent Review Process complaints, but both were dropped after Donuts came to a private deal.

“The CEP filed by the Wine Regions was withdrawn because we came to a satisfactory private arrangement with the Registry concerned, Donuts,” David Taylor of Hogan Lovells, who represented the wine-making regions, told DI.

Details of the deal have not been disclosed, but Donuts does not appear to have committed to anything that could create compliance problems with ICANN in future.

“It has been a successful negotiation between private parties that avoids policy precedents,” Taylor said. “There are no special changes to these registry agreements (e.g., no new PICs)”

PICs are Public Interest Commitments, enforceable addenda to Registry Agreements that oblige the registry to adhere to extra rules.

So are GIs protected in .wine or not? For now, Taylor won’t say.

“My view is that this is not a victory for either side of the GI debate,” he said. “This is a victory for the wine community (consumers and producers) and ultimately the new gTLD program.”

.wine no longer blocked after EU drops complaint

Kevin Murphy, June 11, 2015, Domain Policy

Donuts and ICANN are currently in the process of signing new gTLD agreements for .wine and .vin, after the European Union and wine sellers dropped objections.

As of today, both gTLDs are “In Contracting” rather than “On Hold”, according to ICANN’s web site.

ICANN revealed earlier this week that the European Union and various wine trade associations have both dropped their Cooperative Engagement Process complaints.

CEP is less formal precursor to a much more expensive and lawyer-hungry Independent Review Process complaint.

With the CEPs out of the way, Donuts is now free to sign its contracts.

Donuts won the auction for .wine back in November, but its application was frozen due to ongoing arguments about the protection of “geographic indicators” representing wine-making regions.

Governments, particularly in Europe and Latin America, had protested that .wine and .vin should not be allowed to launch until areas such as Rioja and Champagne were given special privileges.

Last October, ICANN CEO Fadi Chehade told the French government that it was negotiating with applicants to get these protections included in the contracts.

Either Donuts has agreed to such protections, or the EU and wine-makers have gotten bored of complaining.

My feeling is the former is probably more likely, which may be controversial in itself.

There is no international agreement on GI protection — the US and Australia opposed the EU’s position on .wine — so this may be seen as a case of ICANN creating new rights where none previously existed.

Battles for .chat, .style, .tennis, bingo and .sas over

Kevin Murphy, November 6, 2014, Domain Registries

Seven new gTLD contention sets have been formally resolved with application withdrawals this morning, five of which we haven’t previously reported on.

Most appear to have been settled by private auctions, with Donuts often the victor.

The standout, however, is .sas, an unusual case of a contention set of two would-be dot-brand registries being resolved.

The business software maker SAS Institute, which applied as Research IP, has prevailed over the Scandinavian airline holding company SAS AB for the .sas gTLD.

Both applicants had applied for closed, single-registrant namespaces.

On the regular, open gTLD front, .chat has gone to Donuts after withdrawals from Top Level Spectrum, Radix and Famous Four Media.

.style has also gone to Donuts, after Uniregistry, Top Level Design, Evolving Style Registry and Minds + Machines withdrew their applications.

.tennis is another Donuts win. Applications from Famous Four, Washington Team Tennis and Tennis Australia have been withdrawn, after a failed Community bid from Tennis Australia.

Donuts, finally, beat Famous Four to .bingo.

Afilias and Top Level Spectrum have officially withdrawn their .wine applications. As we reported earlier this week, this leaves Donuts as the sole remaining applicant.

Top Level Spectrum’s bid for .sucks has also been withdrawn, confirming DI’s report from earlier this week that the controversial gTLD has been won by Vox Populi Registry.

But Donuts failed to win .online, withdrawing its application today. Only two applicants — Radix and I-Registry — remain in this once six-way contention set.

We’ll know the winner (my money’s on Radix) in a matter of days, I expect.

Donuts wins .wine auction

Kevin Murphy, November 4, 2014, Domain Registries

Donuts has become the only applicant for .wine and .vin after winning a private auction for .wine, according to sources familiar with the situation.

I gather that the auction, which saw Donuts knock out rival applicants Afilias and Famous Four, happened a couple of weeks ago. I don’t know what the winning bid was.

Neither losing application has yet been withdrawn, presumably because the whole contention set has been placed “On Hold” by ICANN pending talks about the protection of wine-making region names.

As we reported yesterday, ICANN seems to be currently acting as a middleman between Donuts, European governments and wine-makers that want so-called “geographic indicators” specially protected.

A letter (pdf) from ICANN CEO Fadi Chehade to the French government indicated that ICANN expects to make GIs protected, contractually, with the successful .wine and .vin applicants (now, it seems, Donuts).

Domains such as larioja.wine and bordeaux.vin seem set to enjoy some form of protection, reserved for use by eligible parties only, if these talks pan out the way Chehade expects them to.

Donuts was the only applicant for .vin.

.wine applicants changing tune on geo protection?

Kevin Murphy, November 3, 2014, Domain Registries

Aggressive lobbying of ICANN by the wine-making industries on both sides of the Atlantic may be about to bear fruit.

Applicants for .wine and .vin are talking to the organization about providing special protection for a list of “geographic indicator” terms, according to CEO Fadi Chehade.

In a letter to French secretary of state for digital Axelle Lemaire published last week, Chehade said:

The parties involved are now working on devising a mechanism which would offer protections to a reserved list of names, which would be contractually protected through ICANN’s registry agreement, along with a set of rules around how those names could be distributed to parties that have interests in and the rights to them. Once they are finalized, ICANN would be charged with monitoring and ensuring compliance with these commitments.

While the details have not yet been revealed, this appears to be what wine makers have been looking for.

GIs are terms such as “Napa Valley” and “Champagne”. While they are protected under various national and international laws, they don’t enjoy the same degree of global recognition as trademarks.

They do not qualify for inclusion in the Trademark Clearinghouse, so would not automatically be protected when .wine and .vin launch.

ICANN’s Governmental Advisory Committee was unable to reach consensus on what should be done about GIs. European countries wanted protections, but the US, Canada and Australia were against the idea.

Wine makers presented a pretty unified front, however, even when they did not benefit from the support of their own governments.

Industry groups and the European Commission had separately started Cooperative Engagement Processes with ICANN — a prelude to filing Independent Review Process complaints.

These CEPs are evidently what kick-started the current negotiations.

There are three applicants for .wine — Donuts, Famous Four and Afilias. Only Donuts has applied for .vin.

Donuts declined to comment on the talks referred to in the Chehade letter.