.mii becomes the first new gTLD to face rejection

The applied-for new gTLD .mii is too similar to the US military gTLD .mil and will therefore be rejected by ICANN.
While many applications have been withdrawn, this is the first involuntary rejection to be announced by ICANN.
The applicant for .mii was MiTek USA, described by DI previously as the filer of the stupidest new gTLD applications of the current round.
It also applied for .connector, .mitek and .sapphire, the names of its product categories and brands.
All four of its applications will be formally rejected when ICANN publishes its Initial Evaluation results.
MiTek didn’t bother to answer the most basic questions in the new gTLD application, simply stating “TLD will not be resold. Purchased for brand protection only.” on almost every line.
The decision by the String Similarity Panel to rule .mii confusingly similar to .mil confirms what we already knew from the .hotels/.hoteis ruling — the letters I and L are confusing.
String similarity testing compares upper and lower-case letters as well as, I believe, different typefaces.

PICs could be Beijing deal-breaker for new gTLDs

ICANN’s Governmental Advisory Committee may delay the approval of new gTLDs if applicants don’t submit Public Interest Commitments tomorrow.
That’s the message coming out of ICANN today, on the eve of the deadline for PICs submission set less than one month ago.
PICs, you will recall, are binding, enforceable commitments that new gTLD applicants are able to voluntarily add to their registry contracts with ICANN.
They’re meant to satisfy the GAC’s request for ICANN to tighten its grip on new gTLD registries and to give applicants a way to avoid GAC Advice and formal objections against their bids.
Applicants that commit to do whatever was asked of them in GAC Early Warnings, for example, may be able to avoid having the warning mutate into a full-blown GAC Advice kiss of death.
When ICANN announced the PICs idea a month ago, it gave applicants until March 5 to submit them. It intends to publish them on Wednesday for public comment and the GAC’s perusal.
But applicants are understandably nervous (to put it mildly) to comply, given that PICs would be enforceable via a dispute process that has yet to be written but could put their contracts at risk.
Responding to these concerns during a conference call today, ICANN CEO Fadi Chehade urged applicants to hit the deadline or risk the GAC delaying its Advice discussions beyond Beijing.
“I don’t think we can delay the submission of the PICs,” Chehade said. “If we do, then we will definitely not have the GAC come back to use with their committed advice in Beijing.”
“Unless we want to get them to do this advice beyond Beijing, we should stick with the 30 days or so we’ve asked people to get this done and make it happen,” he said.
The Beijing meeting runs April 7 to 11. The GAC is expected to issue its advice shortly after the meeting ends.
ICANN reckons it will be able to start approving new gTLDs April 23, but has also stated on numerous occasions that it will not approve anything before the GAC has spoken.
Chehade said today, based on his conversations with influential GAC members, that pushing the PICs deadline out beyond March 5 by even a few days would seriously endanger the current GAC Advice timeline.
New gTLD applicants are now in the tricky position of having to decide between potentially costly delays today and an unknown dispute system that could prove dangerous in future.

ICM’s claims against Manwin thrown out of court

ICM Registry has suffered a blow in its ongoing lawsuit with porn merchant Manwin Licensing, with a judge this week dismissing all of the registry’s counterclaims against the YouPorn owner.
ICM was sued by Manwin on antitrust grounds in late 2011, but returned fire last October with is own set of allegations, which also included claims that Manwin’s boycott of .xxx was anti-competitive.
But the judge in the case, Philip Gutierrez, on Tuesday granted Manwin’s motion to dismiss all of ICM’s claims.
Gutierrez ruled that ICM had failed to argue it had standing to complain under competition law, stating: “Harm to ICM only is not sufficient to constitute antitrust injury. It must allege harm to the competitive process.”
He also granted Manwin’s motion to strike ICM’s claims under California’s anti-SLAPP (Strategic Lawsuit Against Public Participation) laws, which are designed to protect free speech.
The judge decided that Manwin’s boycott of .xxx was protected under the anti-SLAPP statute.
ICM is now entitled to re-draft and re-submit its counterclaims; if it does not do so it will have to pay Manwin’s legal fees in connection with the anti-SLAPP action, Gutierrez ruled.
“The judge has granted us 30 days to amend our counterclaims. We are exploring all options open to us,” ICM CEO Stuart Lawley said.
Manwin’s owner, Fabian Thylmann, was arrested in Brussels last December and extradited to Germany to face charges of tax evasion.

Nominet to revise second-level .uk proposal after domainer outrage

Nominet has temporarily killed off its plan to allow people to register second-level .uk domain names, after vocal opposition from domain investors.
The non-profit registry said yesterday it is “not proceeding with our original proposal on ‘direct.uk’”, but may revise the concept to give more rights to existing .uk domain name owners.
Nominet had been running a community consultation since October on the idea. It said yesterday:

It was clear from the feedback that there was not a consensus of support for the direct.uk proposals as presented, with some concerns cutting across different stakeholder groups. Although shorter domains (e.g. nominet.uk rather than nominet.org.uk) were considered desirable, many respondents felt that the release mechanism did not give enough weighting to existing registrants, and could lead to confusion if they could not obtain the corresponding domain.

UK domainers had been the most prominent opponents of the plan, complaining loudly that trademark owners were to be given the right to take .uk names where they do not already own the corresponding .co.uk or .org.uk names.
This would not only harm domainers, but also big companies that own generic .co.uk domains without matching trademarks, they said, and would lead to consumer confusion.
Nominet now plans to see if it can revise the proposal to come up with a “phased release mechanism based largely on the prior registrations of domains in existing third levels within .uk”.

.info and .biz prices to go up

Afilias and Neustar have separately announced increased to the registry fees for .info and .biz domain names.
Afilias yesterday said the maximum wholesale price for a .info domain would increase to $8.16 effective September 1, a 10% increase on the current rate of $7.42 per year.
The last 10% hike, which the company is allowed to take under its ICANN registry agreement, came in July 2011.
Neustar last week also said it was taking its permitted 10% increase.
The maximum registry fee for .biz will go up to $8.63, also starting September 1. It last increased its prices in February 2012.

AIG withdraws new gTLD bid due to rebrand

The insurance company American International Group has dropped its application for .chartis, apparently due to a merger-related rebranding.
It’s the 21st gTLD application to be withdrawn. Dot-Nxt did the legwork to figure out that the company has pulled out because the .chartis brand itself is being wound up.
When we asked ICANN last week how many bids were in the withdrawal queue, we were told the magic number was three.
Two of those are expected to be .chevy and .buick, which General Motors has confirmed it is withdrawing in addition to its already-gone .chevrolet, .cadillac and .gmc; .chartis is likely the third.
That doesn’t mean it is is the last, however.
Smart dot-brand applicants that are not completely sold on the new gTLD concept will be waiting for the publication of ICANN’s string similarity evaluation panel’s results, currently expected this Friday, before making their calls.
The string similarity results will go a long way to determine whether certain strings will have potentially lethal problems being applied for in future application rounds.
If .gmc had have been ruled confusingly similar to .gmo, for example, that may have reduced GM’s chances of successfully applying for .gmc in future rounds.

Mali’s domain could change hands next week

ICANN’s board of directors will next week vote on whether to redelegate .ml, the country-code top-level domain for the war-torn nation of Mali, to a new registry operator.
The ccTLD is currently delegated to Societe des Telecommunications du Mali (Sotelma), a publicly traded telecommunications provider, but it’s not currently possible to register a .ml domain.
The reasons for a redelegation are never publicized by ICANN until after they are approved, when IANA publishes a redelegation report, so it’s not yet clear what’s going on this case.
Mali has been hitting headlines in Europe recently due to the French involvement in government efforts to retake the northern parts of the country from Islamist rebels.
Following the outbreak of hostilities a year ago, in March 2012 the Malian government was overthrown in a coup d’état that was widely condemned by the international community.
Following sanctions the military quickly ceded power to an interim president, who continues in the role today ahead of elections to find a more permanent successor, scheduled for July.
France, supported by allies including the UK, moved in to help Mali retake the north last month.
Sotelma is based in the capital, Bamako, which is not held by rebels.
The redelegation of .ml is on the main agenda — rather than the consent agenda, which is usually the case for redelegations — for ICANN’s board meeting next Thursday.

.transformers gTLD bid transforms into pile of burnt cash

Toy-maker Hasbro has withdrawn its application for the .transformers new gTLD.
It was Hasbro’s only application, and it’s the first example of an applicant that paid to participate in ICANN’s new gTLD prioritization draw last December subsequently withdrawing its bid.
One of the longer and more eyebrow-raising applied-for strings, .transformers brings the number of withdrawn applications to 18, most of which were dot-brands. Now, 1,912 bids remain.
The bid had a prioritization number of 131, putting it toward the very top of the queue of non-IDN applications.
If many more applications with high prioritization numbers withdraw, it would raise serious questions about the validity of the argument that participating in the draw indicates a non-defensive bid.
Hasbro’s application suggested that it was filed mainly defensively, it’s “Mission/Purpose” stated as primarily: “To secure and protect the Applicant’s key brand (“TRANSFORMERS”) as a gTLD”.
Maybe it was worried that an electrical parts manufacturer might go for the same string?
It’s the sixth application to be withdrawn in a week, following General Motors’ pulling of its .gmc, .cadillac and .chevrolet bids and Hartford Fire Insurance’s withdrawal of .thehartford.
UPDATE (February 20): ICANN tells me that there are currently only three more new gTLD applications in its withdrawal pipeline.

Hackers may have stolen .edu domain passwords

Owners of .edu domain names have been told to change their passwords after hackers compromised a server belonging to registry manager Educause.
The registry said today that it has deactivated the admin passwords for all .edu domains after discovering a “security breach” that gave attackers access to hashed passwords for .edu registrants.
The attack also compromised passwords for users of the Educause web site, the organization said.
The .edu domain is of course reserved for US-based educational institutions, and is considered one of the most secure and prestigious TLDs available.
Educause said it “immediate steps to contain this breach and is working with Federal law enforcement, investigators, and security experts to make sure this incident is properly addressed.”
The registry did not say whether the attack is related to the attack against the Massachusetts Institute of Technology last month, which reportedly was enabled via an Educase hack.

PIR starts pre-registration for .ngo domain names

Public Interest Registry has become the first major gTLD registry to start taking pre-registrations for a not-yet-approved gTLD.
PIR said today that it’s allowing non-governmental organizations to register an “expression of interest” for .ngo and .ong domains.
Pre-registrations are of course free and non-binding. They’re mainly a way to opening the marketing communications channel with customers well in advance of the launch of a TLD.
PIR does not expect to launch .ngo or .ong until 2014. Its ICANN evaluation priority numbers for the two TLDs are 810 and 958, in the first half of the list.
Pre-registration is not a new concept, of course, but it’s one generally embraced more often by registrars (eNom and United Domains are the two most prominent examples) rather than incumbent registries.
For PIR to start engaging directly with potential registrants is one of the first signs that, in the wake of ICANN’s lifting of the ban on vertical integration between registries and registrars, the new gTLD market won’t be playing by the old rules.