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DomainFest to return in March

Kevin Murphy, January 24, 2014, Domain Services

The DomainFest conference has confirmed its return for 2014.
The ninth annual show in the series is going back to the name DomainFest, having dabbled with a change to WebFest.
Organizers say the conference is “is dedicated to bridging the gap between domain name industry, online advertising, affiliates, social media and mobile.”
The agenda is split into three tracks: mobile, monetization and “gTLDs and registrars”, which seems to have a heavy focus on new gTLDs.
It will be held at the Loews Hollywood Hotel in Los Angeles from March 31 to April 2.
Prices for early bird registration are currently $695, with a $30 booking fee, rising to $995 on February 14 and then to $1,495 on the door.

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Uniregistry bans front-page porn in .sexy

Kevin Murphy, January 24, 2014, Domain Registries

It’s okay to have a .sexy web site, just don’t make it too sexy.
Uniregistry, which will shortly launch the gTLD, has banned front-page nudity in the .sexy space.
Its Acceptable Use Policy, published this week, says that “content unsuitable for a minor” is not permitted on the home pages of any .sexy domains:

For the .SEXY top-level domain, the Registered Names Holder shall not permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY Registered Name.

The policy goes on to spell out in legalese that it’s talking about porn, rather than nudity or erotica per se, and that “minor” is defined as anyone under 13.
Keeping the front page of web sites porn-free, requiring age verification before the user is allowed to drill down to the good stuff, is considered good practice among porn sites already.
Domain Name Wire, which first spotted the ban, has also published the policy (pdf).

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Gripe sites and PPC banned in new gTLD

Kevin Murphy, January 24, 2014, Domain Registries

New gTLD registry Plan Bee expects to ban gripe sites in its forthcoming .build registry.
Its Acceptable Use and Takedown Policy (pdf), published this week, is among the strictest I’ve seen.
The gTLD was delegated last weekend. It’s going to be an open space targeted at the construction industry, but its AUP bans a lot of stuff.
As might be expected, any form of malicious hacking or spamming behavior is verboten, as is child abuse material.
Activities more often regulated today by registrar user agreements — such as piracy and counterfeiting — are also prohibited.
But the policy goes on to ban activities that are typically permitted in other TLDs, including “gripe sites” and “pay-per-click”. The AUP reads (I’ve emphasized some oddities):

Further abusive behaviors include, but are not limited to: cybersquatting, front-running, gripe sites, deceptive and⁄or offensive domain names, fake renewal notices, cross-gTLD registration scam, name spinning, pay-per-click, traffic diversion, false affiliation, domain kiting⁄tasting, fast-flux, 419 scams or if the domain name is being used in a manner that appears to threaten the stability, integrity or security of the Registry, or any of its Registrar partners and ⁄or that may put the safety and security of any registrant or user at risk.

Domains deemed abusive can be suspended or deleted by Plan Bee, under the policy.
I can see why a niche gTLD might want to build up loyalty in its associated industry by suspending gripe sites targeting construction companies, but banning “pay-per-click” is a baffling decision.
Will .build registrants be prohibited from using Google Adsense to support their sites?
The .build launch dates have not yet been revealed but it’s likely to be a matter of weeks.

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Ten more new gTLDs go live

Kevin Murphy, January 24, 2014, Domain Registries

Donuts, Afilias and Atgron were the beneficiaries of 10 new gTLD delegations yesterday.
Various Donuts subsidiaries had .boutique, .bargains, .cool, .expert, .tienda (“shop” in Spanish), .tools, .watch, .works delegated, bringing the company’s total portfolio to 70 gTLDs.
Afilias had its fourth new gTLD of this round go live in the DNS root: .kim, which is expected to serve people who have the first or last name Kim.
I think it’s the first personal-name gTLD to hit the internet.
Finally, Atgron had .wed delegated. It’s going to be an unrestricted gTLD aimed at marrying couples. It will eventually compete with the currently contested string .wedding.
I have to ponder what the renewal rates are going to be like for what seems to be the first event-focused TLD.
How long before their big day will registrants register their names, and for how long afterwards will they keep the registration alive for sentimental reasons? Atgron reckons such sites stay live for about 18 months.
There are also reportedly twice half as many divorces as marriages in the US at the moment. One wonders why nobody applied for .divorce.

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Cartier sues Nominet hoping to set global domain name take-down precedent

Kevin Murphy, January 22, 2014, Domain Policy

Luxury watchmaker Cartier has taken .uk registry Nominet to court, hoping to set a precedent that would enable big brands to have domain names taken down at a whim.
The company sued Nominet in a London court in October, seeking an injunction to force the registry to take down 12 domain names that at the time led to sites allegedly selling counterfeit watches.
We’ve only become aware of the case today after Nominet revealed it has filed its defense documents.
Judging by documents attached to Nominet’s court filings, Cartier sees the suit as a test case that could allow it to bring similar suits against other “less cooperative” registries elsewhere in the world.
In a letter submitted as evidence as part of Nominet’s defense, Richard Graham, head of digital IP at Cartier parent company Richemont International, said that he was:

seeking to develop a range of tools that can be deployed quickly and efficiently to prevent Internet users accessing websites that offer counterfeit goods… [and] looking to establish a precedent that can be used to persuade courts in other jurisdictions where the registries are less cooperative.

It’s worth noting that Richemont has applied for 13 dot-brands under ICANN’s new gTLD program and that Graham is often the face of the applications at conferences and such.
Pretty soon Richemont will also be a domain name registry. We seem to be looking at two prongs of its brand protection strategy here.
According to the company’s suit, the 12 domains in question all had bogus Whois information and were all being used to sell bogus Cartier goods.
None of them used a Cartier trademark in the domain — this is explicitly about the contents of web sites, not their domains names — and Cartier says most appeared to be registered to people in China.
Rather than submitting a Whois inaccuracy complaint with Nominet — which could have led to the domains being suspended for a breach of the terms of service — Cartier decided to sue instead.
Graham actually gave Nominet’s lawyers over a week’s notice that the lawsuit was incoming, writing his letter (pdf) on October 22 and filing the complaint (pdf) with the courts November 4.
Cartier seems to have grown frustrated playing whack-a-mole with bootleggers who cannot be traced and just pop up somewhere else whenever their latest web host is persuaded to cut them off.
Graham’s letter, which comes across almost apologetic in its cordiality when compared to the usual legal threat, reads:

Cartier therefore believes the most cost effective and efficient way to disrupt access to the Counterfeiting Websites operating in the UK is to seek relief from you, as the body operating the registry of .uk domain names.

Armed with the foreknowledge provided by the letter, Nominet reviewed the Whois records of the domains in question, found them lacking, and suspended the lot.
Ten were suspended before Cartier sued, according to Nominet. Another expired before the suit was filed and was re-registered by a third party. A fourth, allegedly registered to a German whose scanned identity card was submitted as evidence by Nominet, was suspended earlier this month.
As such, much of Nominet’s defense (pdf) relies upon what seems to be a new and obscure legal guideline, the “Practice Direction on Pre-Action Conduct”, that encourages people to settle their differences without resorting to the courts.
Nominet’s basically saying that there was no need for Cartier to sue, because it already has procedures in place to deal with counterfeiters using fake Whois data.
Also offered in the defense are the facts that suspending a domain does not remove a web site, that Nominet does not operate web sites, and the following:

Nominet is not at liberty under its Terms and Conditions of Domain Name Registration to suspend .uk domain names summarily upon mere receipt of a demand from someone unconnected with the domain name registrant.

That seems to me to be among the most important parts of the defense.
If Cartier were to win this case, it may well set a precedent giving registries (in the UK at least, at first) good reason to cower when they receive dodgy take-down orders from multibillion-dollar brands.
Indeed, that seems to be what Cartier is going for here.
Unfortunately, Nominet has a track record of at least accelerating the takedown of domains based on nothing more than third-party “suspicion”. Its defense actually admits this fact, stating:

Inaccurate identity and contact information generally leads to the suspension of a domain within three weeks. Where suspicions of criminality are formally confirmed by a recognised law enforcement agency, suspension may be very significantly expedited.

I wonder if this lawsuit would have happened had Nominet not been so accommodating to unilateral third-party take-down notices in the past.
In a statement to members today, a copy of which was sent to DI, Nominet encouraged internet users to report counterfeiting web sites to the police if and when they find them.

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Go Daddy turns to man boobs for 2014 Super Bowl ad

Kevin Murphy, January 22, 2014, Domain Registrars

For some reason people like watching Go Daddy’s Super Bowl commercials.
Here’s its 2014 commercial, which the company posted to YouTube today.
Rather than attempting to grab the viewer’s attention with fleeting glimpses of female décolletage, which has become the tradition over the 10 years Go Daddy has been running these expensive annual ads, this time around it’s the male form that’s being exploited.
Man boobs, in other words. Dozens and dozens of pairs of man boobs.
Danica Patrick’s in there somewhere too, but she appears to have been CGI’d to look like one of the fellers.

You’ll notice the lack of any TLDs — new or old — getting a mention, not even in Go Daddy’s logo, which dropped the “.com” about a year ago.
You may also scratch your head at the denouement. Why were a bunch of black guys among those racing to the tanning salon? Baffling.

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DotConnectAfrica files for ICANN independent review

Kevin Murphy, January 22, 2014, Domain Policy

Failed .africa gTLD applicant DotConnectAfrica has filed an Independent Review Process appeal against ICANN, it emerged today.
The nature of the complaint is not entirely clear, but in a press release DCA said it’s related to “ICANN Board decisions and actions taken with regard to DCA Trust’s application for the .africa new gTLD”.
It’s only the third time an IRP has been filed. The first two were related to .xxx; ICM Registry won its pioneering case in 2009 and Manwin Licensing settled its followup case last year.
DCA said that it’s an “amended” complaint. It turns out the first notice of IRP was sent October 23. ICANN published it December 12, but I missed it at the time.
I’d guess that the original needed to be amended due to a lack of detail. The “Nature of Dispute” section of the form, filed with the International Center for Dispute Resolution, is just a sentence long, whereas ICM and Manwin attached 30 to 60-page legal complaints to theirs.
The revised notice, which has not yet been published, was filed January 10, according to DCA.
DCA applied for .africa in the current new gTLD round, but lacked the government support required by the Applicant Guidebook for strings matching the names of important geographic regions.
Its rival applicant, South African ccTLD registry Uniforum, which does have government backing, looks set to wind up delegated, whereas ICANN has designated DCA’s bid as officially “Not Approved”.
DCA has been alleging a conspiracy — often involving DI — at almost every juncture of the process, even before it filed its application. Read more here, here and here.
To win an IRP, it’s going to have to show that it suffered “injury or harm that is directly and causally connected to the Board’s alleged violation of the Bylaws or the Articles of Incorporation”.

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Bing: domains just not that relevant to SEO

Kevin Murphy, January 20, 2014, Domain Tech

Anyone who thinks that having a exact-match keyword domain automatically promotes their web site to the top of search results is in for a rude awakening, according to a top guy at Bing.
In a blog post, Bing senior product manager Duane Forrester tried to debunk the “myth… That merely having a popular keyword in the domain will help that site, regardless of content, rank on the high volume keyword”.
Forrester wrote:

Ranking today is a result of so many signals fed into the system the words used in a domain send less and less information into the stack as a percentage of overall decision making signals.

There are no shortcuts. Even the new generic top level domains (gTLDs) coming out near the end of February will be treated in this manner. Domain spamming isn’t new, so sites that provide value, are relevant and that people like will rank as usual. They won’t rank “just because” they have certain words in them, and thinking that keyword stuffing a domain (think: cars.cars) will give you an edge is dangerous.

Forrester’s post is not a condemnation of keyword domains, however. He does not deny that the domain is one factor Bing takes into account in rankings, albeit one of very many.
Rather, it seems he’s trying to point out that it’s possible to get decent search traffic even when your domain has nothing to do with your content (he gives satire site The Onion as an example).
His overall message is that creating good content is the way to get good SEO, something that will come as absolutely no surprise to anyone who’s been paying attention to the pronouncements of search engine companies for the last several years.

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NameCheap: a top ten registrar?

Kevin Murphy, January 20, 2014, Domain Registrars

eNom reseller NameCheap is actually in the top 10 largest registrars in terms of domains under management, judging by data in regulatory documents filed by eNom parent Rightside.
According to a Rightside SEC filing related to its spin-off from Demand Media, NameCheap accounted for 23% of the company’s total domains under management as of September 30.
With the same document declaring Rightside has over 12 million names under management as of the same date, NameCheap apparently looks after just under 2.8 million domains.
By my reckoning, this means NameCheap is very probably the ninth-largest registrar by DUM out there, sandwiched between GMO Internet and FastDomain.
My comparison is not completely apples-to-apples — NameCheap’s number may include ccTLD registrations and I’m levering the company into a gTLDs-only league table — so may not be fully reliable.
But it’s the first solid indication of the size of NameCheap’s business I’ve seen in a while.
While NameCheap is accredited by ICANN in its own right, it has never registered more than a handful of domains under its own name, leaving it in the sub-900 range in the DUM league table.
According to Rightside, NameCheap is under contract to exclusively use eNom’s wholesale services until December 2014, but the deal does have one-year renewals built in.

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New gTLDs top 100 as first dot-brands hit the root

Kevin Murphy, January 18, 2014, Domain Registries

There are now 107 new gTLDs live on the internet, following the latest batch of delegations.
Sixteen strings were entered into the DNS root today, including the first two dot-brands, which are Monash University’s .monash and CITIC Group’s .中信 (“.citic” in Chinese).
.CLUB Domains, Luxury Partners and Plan Bee became freshly-minted registries with the delegations of .club, .luxury and .build while legacy gTLD registry Afiias added .red, .pink and .shiksha to its roster.
Uniregistry added five new gTLDs to the two it had delegated in an earlier batch: .gift, .guitars, .link, .photo and .pics.
The delegation of .photo means the root now has its first singular/plural clash; Donuts already owns .photos.
Finally, I-REGISTRY added .rich to its .onl and China’s CNNIC had .网络 (“.network”) and .公司 (“.company”) delegated.
UPDATE (Jan 22): This post originally overlooked the delegation of .公司. It has been updated accordingly.

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