Canada shrugs over .sucks

The Canadian trade regulator has sent ICANN a big old “Whatever” in response to queries about the legalities of .sucks.
The response, sent by Industry Canada’s deputy minister John Knubley yesterday, basically says if the intellectual property lobby doesn’t like .sucks it can always take its complaints to the courts.
Other than opening and closing paragraphs of pleasantries, this is all Knubley’s letter (pdf) says:

Canada’s laws provide comprehensive protections for all Canadians. Canada has intellectual property, competition, criminal law and other relevant legal frameworks in place to protect trademark owners, competitors, consumers and individuals. These frameworks are equally applicable to online activities and can provide recourse, for example, to trademark owners concerned about the use of the dotSucks domains, provided that trademark owners can demonstrate that the use of dotSucks domains infringes on a trademark. Intellectual property rights are privately held and are settled privately by the courts.

There’s not much to go on in there; it could quite easily be a template letter.
But it seems that Vox Populi Registry has been cleared to go ahead with the launch of .sucks, despite IP owner complaints, at least as far as the US and Canadian regulators are concerned.
The Federal Trade Commission was equally noncommittal in its response to ICANN two weeks ago.
Vox Populi is based in Canada. It’s still not entirely clear why the FTC was asked its opinion.
ICANN had asked both agencies for comment on .sucks’ legality after its Intellectual Property Constituency raised concerns about Vox Pop’s “predatory” pricing.
Pricing for .sucks names in sunrise starts at around $2,000.
ICANN told DI in April that it was in “fact finding” mode, trying to see if Vox Pop was in breach of any laws or its Registry Agreement.
The .sucks domain is due to hit general availability one week from now, June 19, with a suggested retail price of $250 a year.
If anything, the $250 says much more about Vox Pop’s business model than the sunrise fees, in my opinion.

Comment Tagged: ftc, ICANN, industry canada, new gTLDs, sucks, sunrise, vox populi

ICANN Compliance probing Hunger Games domain

ICANN’s Compliance department is looking into whether Donuts broke the rules by activating a domain name for the forthcoming The Hunger Games movie.
Following up from the story we posted earlier today, ICANN sent DI the following statement:

We are well aware of this issue and are addressing it through our normal compliance resolution process. We attempt to resolve compliance matters through a collaborative informal resolution process, and we do not comment on what happens during the informal resolution phase.

At issue is whether Donuts allowed the movie’s marketers to launch thehungergames.movie before the new gTLD’s mandatory 90-day “controlled interruption” phase was over.
Under a strict reading of the CI rules, there’s something like 10 to 12 days left before Donuts is supposed to be allowed to activate any .movie domain except nic.movie.
Donuts provided the following statement:

This is a significant step forward in the mainstream usage of new domains. One of the core values of the new gTLD program is the promotion of consumer choice and competition, and Donuts welcomes this contribution to the program’s success, and to the promotion of the film. We don’t publicly discuss specific matters related to ICANN compliance.

I imagine what happened here is that Donuts got an opportunity to score an anchor tenant with huge visibility and decided to grasp it with both hands, even though distributor Lion’s Gate Entertainment’s (likely immovable) launch campaign schedule did not exactly chime with its own.
It may be a technical breach of the ICANN rules on name collisions — which many regard as over-cautious and largely unnecessary — but it’s not a security or stability risk.
Of course, some would say it also sets a precedent for other registries to bend the rules if they score big-brand backing in future.

5 Comments Tagged: .movie, compliance, controlled interruption, donuts, hunger games, ICANN, name collisions, new gTLDs

.bank doing surprisingly well in sunrise

The forthcoming .bank gTLD has received over 500 applications for domains during its sunrise period, according to the registry.
fTLD Registry Services tweeted the stat earlier this week.

.BANK surpasses 500 Sunrise applications and this period ends on June 17 (see http://t.co/qkb8lwNInB), #.BANK

— fTLD Registry (@fTLD_Registry) June 9, 2015

Its sunrise period doesn’t even end until June 17. Sunrise periods tend to be back-weighted, so the number could get a lot higher.
Five hundred may not sound like a lot — and applications do not always convert to registrations — but in the context of new gTLDs it’s very high.
Discounting .porn and .adult, both of which racked up thousands of names across their various sunrise phases, the previous high for a sunrise was .london, with just over 800 names registered.
It’s not unusual for a sunrise to get under 100 names. A year ago, I calculated that the average was 144.
The 500+ .bank number is especially surprising as it’s going to be a very tightly controlled gTLD where the chance of cybersquatting is going to be virtually nil.
All .bank registrants will be manually vetted to ensure they really are banks, substantially mitigating the need for defensive registrations.
Could this be an indication that .bank will actually get used?

12 Comments Tagged: .bank, ftld registry services, new gTLDs, sunrise, trademarks

.wine no longer blocked after EU drops complaint

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.

8 Comments Tagged: .eu, .vin, gac, geographic indicators, ICANN, new gTLDs, wine

Is The Hunger Games’ new .movie domain illegal?

Donuts may have launched its best new gTLD anchor tenant in violation of ICANN rules.
The company revealed earlier this week that The Hunger Games movies are using thehungergames.movie to promote the fourth and final installment of the wildly successful “trilogy”.
The domain name even features in the trailer for the film, which currently has over 1.7 million YouTube views.
But it has been claimed that Donuts activated the domain in the DNS two weeks before it was allowed to under its ICANN registry contract.
It boils down to “controlled interruption”, the controversial mechanism by which registries mitigate the risk of potentially harmful name collisions in the DNS.
Under ICANN’s rules for CI, for 90 days registries have to implement a wildcard in their zone file that redirects all domains other than nic.[tld] to 127.0.53.53 and your-dns-needs-immediate-attention.[tld].
“The Registry Operator must not activate any other names under the TLD until after the 90-day controlled interruption period has been completed,” the rules say, in bold text.
Donuts’ .movie was delegated on or around March 26, which means when thehungergames.movie was activated there were still about two weeks left on the .movie CI clock.
As far as I can tell from reading ICANN documentation on CI, there are no carve-outs for anchor tenants.
The .movie zone file has five other domains related to The Hunger Games in it — the only names other than nic.movie — but they don’t seem to resolve.
There’s no actual security or stability risk here, of course.
If .movie had used the old method of blocking a predefined list of identified name collisions, thehungergames.movie would not have even been affected — it’s not on .movie’s list of collisions.
However, if ICANN decides rules have been broken and Donuts is forced to deactivate the domain, it would be a painfully embarrassing moment for the new gTLD industry.
It can perhaps be hoped that ICANN’s process of investigating such things takes about two weeks to carry out.
I’ve contacted Donuts for comment and will provide an update if and when I receive any additional information.

4 Comments Tagged: .movie, compliance, controlled interruption, donuts, ICANN, name collisions, the hunger games

TLD Operator Community no longer a “community”

The TLD Operator Community, which launched last Friday, has hastily rebranded itself after confusion about its proposed role.
It’s now the TLD Operator Webinar. It has switched its URL from a .community domain to a .help domain.
Almost immediately after the initiative was announced, I started hearing gossip about a split with the Domain Name Association.
There was a slight crossover between the DNA’s mission and what had been announced about the erstwhile “Community”.
On Friday, I was told by ARI Registry Services, which is coordinating the webinar:

a new community for all new Top-Level Domain (TLD) applicants has been created to provide a forum for operators to achieve meaningful commercial success. The TLD Operator Community will differentiate itself from other new TLD think-tanks by focusing entirely on the commercial activation of new TLDs for the benefit of the entire community.

But according to ARI CEO Adrian Kinderis, this was a poor description of the initiative.
He said in a DI comment that it was rather “one off effort by our consultancy team to get everyone together for a chat.”
“My team have incorrectly characterized it as ‘forming a community group’,” he wrote. “I assure you, the last thing we need is another community group.”
ARI was intimately involved in the launch of the DNA and Kinderis continues to be its chair.
The Webinar will happen June 30 (or July 1, depending on your time zone) and feature speakers from Donuts, Vox Populi, dotBerlin and others.
Barclays, which was due to participate in the webinar, is no longer listed as a speaker.

3 Comments Tagged: ari registry services, new gTLDs, tld operator community, tld operator webinar

The Hunger Games is first to use a .movie domain

Donuts has signed up an impressive anchor tenant for its upcoming .movie gTLD in the form of The Hunger Games series of movies.
thehungergames.movie is one of just a handful of domains in .movie, which is currently pre-sunrise, indicating that it’s a deal Donuts has negotiated directly with the film distributors.
The Hunger Games is a series of inexplicably successful science fiction adventure films, starring Jennifer Lawrence, popular with teenagers.
The first movie in the series fetched a whopping $691 million in box office receipts.
A trailer for the fourth and final movie in the series was released today, and it’s the first to carry a .movie domain.

You’ll notice that the Facebook and Twitter addresses and suggested hashtags take precedence over the domain, but that’s understandable given the target demographic.
For Donuts, it’s just about the best anchor tenant it could have hoped for — a mass-market popcorn movie aimed directly at the people who will be buying their own domains in a few years.
People in the movie business will no doubt notice also, which in the short term could be more important. Sunrise starts next week.
Here’s the trailer.

9 Comments Tagged: .movie, anchor tenants, donuts, new gTLDs, the hunger games

.xyz starts to plummet — NetSol freebies to blame?

XYZ.com has been seeing its .xyz zone file shrink rapidly over the last five days, likely as a result of free domains pushed out to Network Solutions customers starting to expire.
DI PRO stats show that .xyz has shrunk by 49,658 domains this week — today at 888,413 names compared to a June 4 peak of 942,927.
It was June 4 last year when the industry become aware that NetSol was automatically pushing .xyz names into the accounts of its existing customers without their explicit consent.
Renewal rates usually do not become clear for 45 days after expiration, due to grace periods, but domains can delete earlier.
On June 9, 2014, one year ago today, .xyz had 87,073 domains in its zone file. It’s difficult to see where a loss of almost 50,000 names this week could come from if not the NetSol freebies deleting.
It is believed that the NetSol giveaway contributed about 350,000 names to .xyz’s zone over the period of its offer.
NetSol has been bundling .xyz renewals — which along with the free year of email and privacy comes to a whopping $57 — when it asks its customers to renewal their matching .com/.net/.org domains.
.xyz likely hasn’t seen the worst of its total shrinkage yet.
When eNom pushed free .info domains into its customers’ accounts about 10 years ago the renewal rate on those names was virtually zero.

9 Comments Tagged: .xyz, network solutions, new gTLDs, xyz.com

New gTLD trade group launches

A group of new gTLD registries have got together to form the TLD Operator Community, a new “think tank” devoted to the commercial aspects of running new TLDs.
According to its web site:

The TLD Operator Community is designed to provide all new TLD applicants with an opportunity to share their experiences, learn from each other and focus on the commercial realities of operating a TLD – away from the confines of ICANN, policy or technical discussions.

The group appears to be coordinated right now by ARI Registry Services.
The distinction between the TLD Operator Community and the Domain Name Association appears to be that the DNA has more of a focus on outreach and education beyond the industry.
The new group will hold an introductory webinar June 30 (or July 1, depending on your time zone) featuring speakers from Donuts, Vox Populi, dotBerlin, Barclays and others.

4 Comments Tagged: dna, ICANN, new gTLDs, tld operator community

ICM beats own annual projections with .porn on day one

ICM Registry says it managed to comfortably beat its own expectations for annual sales within the first eight hours of .porn and .adult going into general availability yesterday.
CEO Stuart Lawley said that there were 10,038 .porn domains and 8,277 .adult domains in its registry at the end of yesterday.
The company’s new gTLD applications with ICANN had predicted 10,000 .porn domains and 3,000 .adult domains at the end of the first year of availability, he said.
“We are therefore delighted to have exceeded those numbers on day one of GA,” he said. “We are particularly pleased with the high numbers from .adult.”
The majority of the names were registered either during the sunrise periods (ICM had two per TLD) or the recently ended “domain matching” program, which gave .xxx owners first dibs on matching .porn and .adult names.
A month ago, the company said .porn received 3,995 registrations while .adult had 3,902 at the end of the sunrises.
Earlier this week, after domain matching ended, Lawley said that .porn had almost 7,500 names while .adult had almost 7,000.
ICM will launch .sex in September.

1 Comment Tagged: .adult, domain matching, ga, icm registry, new gTLDs, porn, sunrise