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Win free tickets to NamesCon Las Vegas (even if you’ve already paid)

Kevin Murphy, December 9, 2013, Domain Services

We’ve got five (FIVE!) free tickets to NamesCon to give away to lucky DI readers.
NamesCon is “a pro-new TLDs conference” happening at the Tropicana hotel in Las Vegas from January 13 to 15, 2014.
It’s being organized by domain investor Richard Lau, Jothan Frakes (Domain Roundtable, DomainFest), and Jodi Chamberlain of 32Events (TRAFFIC, Domaining Europe)
NamesCon seems to be planning something a bit different when compared to new gTLD conferences held to date, judging by the speaker line-up, in that there’s more of a crossover between the ICANNer-heavy new gTLD industry and the traditional domainer community.
There’s a whole bunch of confirmed speakers and panelists (including yours truly) and the organizers tell us that over 300 people have so far registered to attend.
Tickets currently cost $399 (it’s $749 on the door) but we have five passes to give away to DI readers.
The organizers tell me that if any of the winners have already purchased a ticket, they’ll get a full refund.
To enter the draw, just leave an answer to the following question (set by NamesCon) in the comments section of this post.

What’s the best way to explain the benefits of new gTLDs to somebody from outside the domain industry?

Winners will be selected from comments using a random number generator at the weekend.
The prizes are 100% discount codes for full conference passes. You’ll still have to arrange and pay for your own travel and accommodation.
If you cannot or do not intend to attend, but still feel compelled to leave a comment, please say so, so I can be sure to exclude you from the draw.

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ICANN will have to make a call on .islam

Kevin Murphy, December 9, 2013, Domain Policy

ICANN is going to have to decide whether to approve the new gTLDs .islam and .halal, after the Governmental Advisory Committee punted the issue.
GAC chair Heather Dryden told ICANN chair Steve Crocker last week (pdf) that the GAC will not provide ICANN with the clarity it so wanted on the two controversial gTLDs.
“[T]he GAC concluded its discussions on these applications with the advice provided in the Beijing Communiqué,” Dryden said. “Accordingly, no further GAC input on this matter can be expected.”
ICANN is therefore left with the following advice:

The GAC recognizes that Religious terms are sensitive issues. Some GAC members have raised sensitivities on the applications that relate to Islamic terms, specifically .islam and .halal. The GAC members concerned have noted that the applications for .islam and .halal lack community involvement and support. It is the view of these GAC members that these applications should not proceed.

My take on this is that the GAC has provided what is often called a “non-consensus” objection, which I believe triggers one of the vaguest parts of the Applicant Guidebook.
One of the three types of GAC Advice on New gTLDs reads:

The GAC advises ICANN that there are concerns about a particular application “dot-example.” The ICANN Board is expected to enter into dialogue with the GAC to understand the scope of concerns. The ICANN Board is also expected to provide a rationale for its decision.

It seems pretty obvious now that ICANN’s board — nowadays its New gTLD Program Committee — is expected to make a decision whether to accept or reject .islam and .halal.
It would be the first time that ICANN has had to decide whether to reject a gTLD for public policy reasons without the full backing of the GAC in this application round.
It faced a similar conundrum in the 2003 round — albeit using different rules of engagement — when it had to decide the fate of .xxx (which it obviously chose to approve).
The applicant for .islam and .halal is Turkey-based Asia Green IT System.
The Organization for Islamic Cooperation, which claims to represent 1.6 billion Muslims, does not support the bids. It backed two formal Community Objections to the applications, which both failed.
The OIC’s Council of Ministers is meeting this week in Conakry, Guinea, and is expected to come out with some kind of formal statement opposing Islamic-oriented gTLDs that lack support.
The strength of that statement may prove decisive when ICANN comes to consider the issue.

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Jetpack Domains hit with ICANN breach notice

Kevin Murphy, December 9, 2013, Domain Registrars

A small Californian registrar has been sent a contract breach notice by ICANN.
ICANN says Irvine-based Jetpack Domains has failed to comply with a scheduled audit, breaking the terms of the Registrar Accreditation Agreement that require it to supply records on demand.
The company has until January 2 to provide ICANN with the data it has asked for or risk losing its accreditation, ICANN said (pdf).
Jetpack, which had fewer than 6,000 gTLD domains under management at the last count, appears to use DomainCocoon for registrar management services.

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ICANN floats new rules for dot-brands

Kevin Murphy, December 9, 2013, Domain Registries

Dot-brand gTLDs could get big exemptions to the standard new gTLD Registry Agreement under new rules published for public comment by ICANN over the weekend.
The proposed changes were negotiated by ICANN and the Brand Registry Group, a coalition of dot-brand applicants that one day plans to become a formal part of ICANN’s policy-making structure.
“The changes will allow trademark owners who have applied for new TLDs to promote and maintain trust in their .Brand registries,” the BRG said in a statement supporting the changes.
Dot-brands would be completely exempt from the standard Code of Conduct, which requires registries to treat all accredited registrars equally.
They’d be explicitly allowed to work with only one trusted registrar.
Given that dot-brands are all essentially single-registrants spaces (limited to the brand owner, its affiliates and trademark licensees) it makes sense to eschew the usual competitive registrar market.
Brand owners were also very worried about ICANN’s right to re-delegate defunct gTLDs, including dot-brands, to new registry operators, which could be seen as extreme brand dilution.
So the proposed RA amendment would also prevent ICANN from redelegating dot-brands for two years after the agreement expires, unless there’s a compelling public-interest reason to do so.
If ICANN chose to redelegate during that period, the former dot-brand would be able to object.
Nothing would stop a third party applying for the vacated gTLD in a subsequent application round.
The changes appear to prevent brand registries from claiming exclusive rights to gTLD strings in perpetuity, while still giving them breathing space to wind down and attempt to avoid brand confusion.
The definition of a “brand” seems to have been written in order to prevent gaming by companies with trademarks on generic strings.
To qualify to become a dot-brand, a registry would have to prove that its gTLD string is a trademark it owns for non-domain industry they’re already playing in. Strings starting with dots would be excluded.
ICANN would determine which gTLDs are eligible, and would be able to revoke the dot-brand status if the registry changed its business plans in future.
The proposal has been negotiated by ICANN legal staff and the BRG and has not yet been approved by the New gTLD Program Committee or the ICANN board.
It’s open for public comment until January 31, here.

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Oh no! Cement company withdraws dot-brand bid

Kevin Murphy, December 6, 2013, Domain Registries

FLSmidth, a Danish cement company, has withdrawn its application for the new gTLD .fls.
It’s the first dot-brand to be withdrawn from the program in months.
FLSmidth had passed Initial Evaluation and was not facing any objections or Governmental Advisory Committee advice, so it’s not immediately clear why the company decided to pull out.
The company recently reported a fall in profitability, so perhaps it’s just trying to cut costs by eliminating superfluous expenses.

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TLDH ditches .roma bid after GAC trouble

Kevin Murphy, December 6, 2013, Domain Registries

Top Level Domain Holdings has withdrawn its bid for the .roma gTLD, after apparently running afoul of the Italian government.
The gTLD was to represent the city of Rome, but Italy issued the company with an Early Warning (pdf) a year ago saying the company had “No involvement or support from the local authorities” and should withdraw.
TLDH disputed this, saying in November 2012:

In fact the Company had engaged extensively with the relevant local authority and will provide supporting documentation to the Italian GAC member. Once this evidence has been submitted, the Directors believe that the objection will be withdrawn.

The warning did not escalate to full-blown Governmental Advisory Committee advice, but .roma nevertheless failed Initial Evaluation (pdf) due to the lack of documented government support with its application.
The bid was eligible for Extended Evaluation, but it seems that TLDH was unable to get the required level of support or non-objection from Italy to allow the bid to pass.
It’s the second of TLDH’s applications to get killed off by a GAC member. It withdrew its non-geo application for .spa as soon as Belgium started making noises about its own city of Spa.
The company also ditched plans to apply for .mumbai in 2011 due to confusion about whether the city’s government actually supported it or not.

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Donuts’ portfolio swells as ICANN signs 31 new gTLD contracts

Kevin Murphy, December 6, 2013, Domain Registries

ICANN signed 31 new gTLD Registry Agreements yesterday, 24 of which were with Donuts subsidiaries.
Back-end registry provider Neustar was among a handful of companies signing RAs for their dot-brands too.
Donuts signed contracts for: .haus, .properties, .maison, .productions, .parts, .cruises, .foundation, .industries, .vacations, .consulting, .report, .villas, .condos, .cards, .vision, .dating, .catering, .cleaning, .community, .rentals, .partners, .events, .flights and .exposed.
Top Level Design signed for .ink, which is expected to compete with Uniregistry’s already-delegated .tattoo.
XYZ.com signed for its uber-generic budget offering .xyz.
BusinessRalliart is now contracted for its Japanese geo .okinawa.
IRI Domain Management, affiliated with the Mormon church, got its .mormon RA, for what is expected to be a “highly restricted” religious namespace.
KRG Department of Information Technology got .krd, which it wants to use to serve the Kurdish people and Kurdistan region of Iraq.
Finally, Italian management consultancy Praxi got its dot-brand .praxi.

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Small Kiwi registrar loses accreditation

Kevin Murphy, December 5, 2013, Domain Registrars

ICANN has terminated the registrar accreditation of Pacnames, a small New Zealand registrar.
The roughly 10,000 domain names the company had under management will now be transferred to Net-Chinese, a Taiwanese registrar that is not much bigger as measured by DUM.
The termination was voluntary, according to ICANN, but it follows the suspension of Pacnames’ accreditation in October.
ICANN had held the company in breach of its Registrar Accreditation Agreement for failing to provide records about 25 domain names upon request.
The story told in the October breach notice (pdf) makes it sound like Pacnames had refused to provide the data because it was “burdensome” and too much like an “audit”.
Pacnames’ customers, if there are any, should now receive emails from Net-Chinese informing them about the transfer. Which, let’s face it, are definitely going to look dodgy.

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IPO warns about premium loopholes in new gTLD trademark protection

Kevin Murphy, December 4, 2013, Domain Policy

It seems like it’s been an age since we last heard the intellectual property lobby pushing for stronger rights protection mechanisms in new gTLDs, but they’re back just in time for the first launches.
The Intellectual Property Owners Association has written to ICANN this week to warn about loopholes in the standard new gTLD Registry Agreement related to premium name reservations that the IPO said “will adversely affect trademark rights holders”.
The letter (pdf) makes reference to two specific parts of the contract.
Specification 5 enables registries to reserve up to 100 names “necessary for the operation or promotion of the TLD” in section 3.2 and an unlimited number of names in section 3.3.
Section 3.3 is vague enough that I’m aware of new gTLD applicants that still don’t know whether it allows them to reserve an unlimited number of “premium” names or not.
However, most new gTLD registries I’ve talked to appear to be convinced that it does. DotKiwi’s recently announced premium plan seems to be taking advantage of 3.3.
The IPO is worried that massive lists of premium names will wind up containing lots of strings matching trademarks, which will prevent mark holders from defensively registering during Sunrise.
Worse, the IPO said it could lead to registries milking trademark owners for huge fees to register their “premium” marks. It said:

such reservations would invite the abuse of protected marks. For instance, Registry Operators may reserve the marks of protected brands to leverage premium sales. Further, Registry Operators may use this ability to release names to market competitors of the brand owners.

The counter argument, of course, is that owners of spurious trademarks on generic terms could game Sunrise periods to get their hands of potentially valuable domain names (cf. the .eu sunrise)
The IPO wants ICANN to expand the Trademark Clearinghouse to send Trademark Claims notices to new gTLD registries when they reserve a name matching a listed trademark.
It also wants a new dispute procedure that mark owners could use to get names released from reserved status. It would be like UDRP, but modified to allow for registries to reserve dictionary words related to their gTLD strings, the IPO said.
If my sense of the mood of ICANN’s leadership during last month’s Buenos Aires meeting is anything to go by, I can’t see these last-minute requests for changes to RPMs getting much traction, but you never know.

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Superstitious launch planned for Chinese gTLDs

Kevin Murphy, December 4, 2013, Domain Registries

TLD Registry plans to time its Chinese new gTLD launch dates to coincide with days considered lucky in Chinese astrology.
The Sunrise period for .在线 (“.online”) and .中文网 (“.chinesewebsite”) will start January 17 and end March 17.
According to the registry:

Both the start and end days of Sunrise fall on highly auspicious days for “starting new businesses” in the ancient Chinese almanac. The Chinese almanac was created during the Han Dynasty around 200BC, and continues to be an important guide to the lives and businesses of more than a billion Chinese people.

A landrush period will follow starting March 20, “an auspicious day for ‘breaking ground'”, and ending April 24.
TLD Registry will also run a live/online auction for “the most valuable and sought-after” names in Macau on March 21.
General availability is slated for April 28, “a highly auspicious date for ‘starting new businesses’ and ‘grand openings'”
It’s cute marketing, and no mistake.
The Chinese almanac, like all astrology, is of course utter nonsense.

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