DNS Women Breakfast and other photos from Durban

DI covered the ICANN 47 meeting in Durban remotely last week, but I’m happy to say that we have some photos from the meeting to publish nevertheless.
These pictures were all graciously provided by award-winning freelance photographer and long-time ICANN meeting attendee Michelle Chaplow.

ICANN CEO Fadi Chehade delivering his keynote address during the opening ceremony on Monday.

Representatives of the first new gTLD registries to sign the Registry Agreement and the first registrars to sign the 2013 Registrar Accreditation Agreement line up on stage to sell their souls to ICANN, also during the opening ceremony.
One of these men reportedly shed a tear as he committed his John Hancock to paper; whether through happiness or grief, it’s impossible to know for sure.

Attendees of the DNS Women Breakfast, which gives members of the under-represented gender an opportunity to plot world domination over coffee and croissants three times a year.
From humble beginnings a few years ago, we’re told that over 70 women attended the Durban brekkie.

Three participants on the second “What the Journalists Think” panel, which this time was exclusively made up of African journos.

Finally, Akram Atallah, president of ICANN’s new Generic Domains Division, smiling despite an apparently busy week.

Comment Tagged: .durban, ICANN

Microsoft and others join London gTLD strategy conference line-up

Momentum Event Group has updated its agenda for the forthcoming Digital Marketing & gTLD Strategy Congress, with additional speakers from Microsoft and the new Domain Name Association joining the line-up.
Dave Coplin, “chief envisioning officer” of Microsoft UK, has been tapped to deliver a keynote entitled “What Lies Ahead. Looking Forward to the Future of Brand Marketing Post-gTLD”.
Momentum also said that ARI Registry Services, NetNames, Interbrand and the Domain Name Association are also set to speak at the event.
The agenda at this point is an interesting mix of industry regulars and dot-brand gTLD applicants. From the brand side of the house, the conference will feature also speakers from Richemont, LEGO, HSBC, Google and KPMG.
From ICANN, vice president of stakeholder engagement for North America Christopher Mondini is delivering a keynote, apparently on the wrong continent.
The Congress runs from September 26 to 27 at the Park Plaza Hotel in London. Tickets are priced at £795 ($1,220) until August 3, when prices go up.
DI is a media sponsor but has no financial interest in the conference.
The first morning session on day one of the conference is me interviewing Uniregistry CEO Frank Schilling on stage about the future of the internet, post-gTLDs. Coffee had better be provided.

Comment Tagged: momentum, new gtld strategy congress

What some other bloggers said about .amazon

Whenever an ICANN decision intersects with the business interests of a well-known brand name, media coverage ensues, and last week’s Governmental Advisory Committee objection to .amazon was no exception.
While a scores of headlines were generated, there wasn’t a great deal of editorializing or analysis. Most bloggers outside of the domain industry seemed content to link to and summarize a Wall Street Journal report.
But a handful of bloggers also passed comment on the decision. Views were a diverse as you might expect. Here are a few selections:
Geoffrey Manne of Truth On The Market was not impressed with what the decision said about ICANN as a regulator. He wrote:

If Latin American governments are concerned with cultural and national identity protection, they should (not that I’m recommending this) focus their objections on Amazon.com. But the reality is that Amazon.com doesn’t compromise cultural identity, and neither would Amazon’s ownership of .AMAZON.

Brand Aide called Amazon a “brand bully” and recounted a client’s past experience:

For years now, Amazon’s attorneys would have one think the Amazon River never existed. A number of years ago, one of my firm’s clients was sued by Amazon over use of the “Amazon Networks” in a domain for computer services, a term our client innocently registered about the same time Amazon launched as a bookseller. Amazon falsely claimed in federal court our client was a domain cybersquatter. In fact, the homepage of our client’s first website featured an image of the Amazon River.

Hot Hardware empathized with the GAC:

These countries make a good point. It may seem obvious that Amazon.com would get a crack at .amazon, but many in the U.S. would be upset if, say, a German company laid claim to .grandcanyon or another important U.S. geological site.

Retail trade pub Storefront Talkback sided with Amazon:

what initially looked like just a very expensive way to acquire their own .brand names is now turning into a process that’s effectively stripping some chains of their brands.

Geek.com didn’t like .amazon as a string anyway:

I also think this decision is doing Amazon a favor. .amazon is a bit long for the end of a URL. The company would be better off using a shortened version such a .amzn, it’s quicker to type and looks better when paired with categories, e.g. dvd.amzn, bluray.amzn, ebooks.amzn.

WebProNews perhaps misses the point about geographic names a bit in its speculation about .apple:

It’s going to be interesting to see if Apple meets a similar fate to Amazon. It only applied for one gTLD – .apple. Like Amazon, the word apple isn’t exclusive to the company. I find it hard to believe that ICANN would hand Apple exclusive control of the .apple gTLD, but it’s possible.

Finally, book publisher Melville House said on its blog:

The principle the South American nations are referring to is, as I understand it, a little known agreement from the early days of Arpanet that in the case of a governmental disagreement, anyone who could best a region’s most dangerous wildlife in unarmed combat was welcome to that region’s domain name. The protocol hasn’t often been used since the gory events of June 1998, when one intrepid developer hoped to claim .yukon for his online baked potato delivery service.
Patagonia was similarly denied their request for .patagonia last week, after a company representative found himself facing down the pointy end of a condor.

2 Comments Tagged: .durban, amazon, gac advice on new gtlds, geographic names, icann 47

Go Daddy joins the new gTLD pre-reg game, kinda

Go Daddy has become the latest domain name registrar to start accepting expressions of interest from prospective new gTLD registrants.
A “watch list” service launched yesterday allows customers to indicate gTLDs that they are interested in using in future and receive alerts when they launch.
Unlike other registrars, Go Daddy does not appear to be offering users the ability to name the second-level string they’re interested in.
The goal seems to be to help the company select which of the 700 new gTLDs available on the watch list will ultimately be carried in its market-leading store, making it very interesting to applicants.
In a blog post, the company said:

Keep in mind, we might not sell all of the gTLDs listed on the landing page. The “watch” feature gives us a sense of what you’re interested in and what we should sell. We’re taking your needs and market appeal into consideration before we make any final decisions.

There’s no cost for the service, but you do need to be logged in as a Go Daddy customer in order to create a watch list, which should help prevent new gTLD applicants gaming the system.

Comment Tagged: go daddy, new gTLDs, pre-registration

Senators slate NTIA, to demand answers on new gTLD security

Did Verisign get to the US Congress? That’s the intriguing question emerging from a new Senate appropriations bill.
In notes attached to the bill, the Senate Appropriations Committee delivers a brief but scathing assessment of the National Telecommunication and Information Administration’s performance on ICANN’s Governmental Advisory Committee.
It says it believes the NTIA has “not been a strong advocate for U.S. companies and consumers”.
The notes would order the agency to appear before the committee within 30 days to defend the “security” aspects of new gTLDs and “urges greater participation and advocacy within the GAC”.
While the NTIA had a low-profile presence at the just-finished Durban meeting, it would be difficult to name many other governments that participate or advocate more on the GAC.
This raises an eyebrow. Which interests, in the eyes of the committee, is the NTIA not sufficiently defending?
Given the references to intellectual property, suspicions immediately fall on usual suspects such as the Association of National Advertisers, which is worried about cybersquatting and associated risks.
The ANA successfully lobbied for an ultimately fruitless Congressional hearing in late 2011, following its campaign of outrage against the new gTLD program.
It’s mellowed somewhat since, but still has fierce concerns. Judging by comments its representatives made in Durban last week, it has shifted its focus to different security issues and is now aligned with Verisign.
Verisign, particularly given the bill’s reference to “security, stability and resiliency” and the company’s campaign to raise questions about the potential security risks of new gTLDs, is also a suspect.
“Security, stability and resiliency” is standard ICANN language, with its own acronym (SSR), rolled out frequently during last week’s debates about Verisign’s security concerns. It’s unlikely to have come from anyone not intimately involved in the ICANN community.
And what of Amazon? The timing might not fit, but there’s been an outcry, shared by almost everyone in the ICANN community, about the GAC’s objection last week to the .amazon gTLD application.
The NTIA mysteriously acquiesced to the .amazon objection — arguably harming the interests of a major US corporation — largely it seems in order to play nice with other GAC members.
Here’s everything the notes to “Departments of Commerce and Justice, and Science, and related agencies appropriations Bill, 2014” (pdf) say about ICANN:

ICANN — NTIA represents the United States on the Internet Corporation for Assigned Names and Numbers [ICANN] Governmental Advisory Committee [GAC], and represents the interests of the Nation in protecting its companies, consumers, and intellectual property as the Internet becomes an increasingly important component of commerce. The GAC is structured to provide advice to the ICANN Board on the public policy aspects of the broad range of issues pending before ICANN, and NTIA must be an active supporter for the interests of the Nation. The Committee is concerned that the Department of Commerce, through NTIA, has not been a strong advocate for U.S. companies and consumers and urges greater participation and advocacy within the GAC and any other mechanisms within ICANN in which NTIA is a participant.
NTIA has a duty to ensure that decisions related to ICANN are made in the Nation’s interest, are accountable and transparent, and preserve the security, stability, and resiliency of the Internet for consumers, business, and the U.S. Government. The Committee instructs the NTIA to assess and report to the Committee within 30 days on the adequacy of NTIA’s and ICANN’s compliance with the Affirmation of Commitments, and whether NTIA’s assessment of ICANN will have in place the necessary security elements to protect stakeholders as ICANN moves forward with expanding the number of top level Internet domain names available.

While the bill is just a bill at this stage, it seems to be a strong indication that anti-gTLD lobbyists are hard at work on Capitol Hill, and working on members of diverse committees.

7 Comments Tagged: amazon, ana, association of national advertisers, gac advice on new gtlds, ICANN, new gTLDs, ntia, verisign

LRO roundup: six more new gTLD objections rejected

While we were busy focusing on ICANN 47 last week, six new gTLD Legal Rights Objections were decided by the World Intellectual Property Organization.
These are the objections where the objector has trademark rights that it believes would be infringed by the delegation of a matching or confusingly similar gTLD.
All six cases, like the first six, were rejected for varying reasons. There has yet to be a decision in favor of an objector.
Here’s a rundown of the highlights of the decisions:
.home (Defender Security v Lifestyle Domain Holdings)
.home (Defender Security v Merchant Law Group)
.home (Defender Security v Uniregistry)
These cases are three of the nine filed by .home applicant Defender Security against its rival applicants. Defender had already lost one such objection, and these three were no different.
Defender acquired its trademarks and associated domains and companies from Constantine Roussos’ CGR E-Commerce shortly before the new gTLD application window opened.
The trademarks themselves, attached to hastily created Go Daddy reseller web sites, were obtained not much earlier.
Uniregistry, paraphrased by the WIPO panelist in its case, put the situation pretty close to the truth:

Objector is one of several parties who were solicited some months ago to purchase any of a number of cookie-cutter European trademark documents lacking any substantial basis in actual goodwill or commerce, which were filed solely to game this process, and do not reflect a bona fide acquisition of substantial rights.

The WIPO panelists did not disagree, with two of them finding that not only were the acquisition of trademark rights not bona fide, but also that there was a question as to whether Defender even owned the trademark.
One panelist wrote of “the misleading and sometimes deceptive presentation of the evidence in the Objection, and more generally the abusive nature of the Objection” and another said:

The [LRO] Procedure is not intended to provide a facility whereby existing or prospective applicants for a new gTLD may attempt to gain an advantage over other applicants for the same gTLD by way of the deliberate acquisition of trademark rights for no purpose other than to bring a Legal Rights Objection. It has not escaped the Panel’s notice that the evidence before it indicates that the present Objection might have been motivated by just such an attempt

All three cases were rejected largely on this basis.
The panelist in the Lifestyle Domain Holdings case decided that acquisition of the trademarks had in fact been bona fide, but rejected the objection anyway on the overall LRO test of whether the proposed gTLD would take “unfair advantage” of Defender’s trademark rights, stating:

If anyone has taken “unfair advantage,” it has been the Objector through its meritless Objection. The LRO process is not meant to be a game or crap shoot; rather, it should be invoked only when the applicant’s proposed string would “infringe” trademark rights. It is an abuse of the process to invoke an LRO against an applicant whose proposed use is clearly a fair use of a string for its descriptive meaning and not a use designed to “infringe” (that is, cause confusion as to source, authorization or affiliation). What is “unfair” here is that the Objector filed an Objection that is not only completely devoid of merit, causing the Respondent to waste time and effort defending its entirely appropriate application, but also full of misleading, deceptive, and demonstrably untrue statements and omissions

With the Roussos/Defender gaming strategy thus comprehensively trashed, I can only hope for Defender’s sake that there’s opportunity left for it to withdraw its remaining objections and ask for a refund.
.mail (United States Postal Service v Amazon)
Amazon is one of the many applicants for .mail, while USPS is the United States’ longstanding government-backed postal service and not an applicant.
USPS showed that it owned a wide array of trademarks that include the word “mail”, but not any for the word alone, and argued that internet users expect “mail” to mean the US mail.
Amazon said that the word is generic and that USPS is not the only organization to incorporate it in its trademarks.
Amazon said (ironically, given its intention to operate .mail as a closed generic) that USPS “improperly seeks to take the dictionary word ‘mail’ out of the English language for its exclusive use”.
The decision to reject the complaint hinged on whether USPS even has rights in .mail.
The WIPO panelist decided: “The fact that a nation’s postal system is vested by statute or otherwise associated with a single entity does not convert the generic term into a trademark.”
USPS has filed six more LROs against the other six .mail applicants, two of which have been terminated due to application withdrawals. We can only assume that the remaining four are also likely to fail.
.pin (Pinterest v Amazon)
Amazon is the only applicant for .pin. Again, it’s a closed generic for which the company has not explained its plans.
The objector, Pinterest, is a wildly popular photo-sharing service provider start-up, funded to the sum of $100 million by Amazon’s Japanese retail rival Rakuten.
It owns a US trademark for “Pinterest” and has applied for many more for “Pin” and “Pin It”.
The panelist, in ruling against Pinterest, decided that Pinterest, despite its popularity, failed to show that the dictionary word “pin” had acquired a secondary meaning beyond its usual descriptive sense.
.mls (Canadian Real Estate Association v. Afilias)
MLS, for readers based outside North America, means “multiple listing services”. It’s used by estate agents when aggregating lists of properties for sale.
The Canadian Real Estate Association — which has applied for .mls TWICE, one as a community once as a regular applicant — has owned a Canadian “certification mark” on the term “MLS” since 1960.
A substantial portion of the decision is devoted to examining whether this counts as a trademark for the purposes of an LRO, with the panelist deciding that “ownership of a certification trademark must confer the status of ‘rightsholder’.”
The case was therefore decided on the eight criteria specified for the LRO in the ICANN Applicant Guidebook. The panelist concluded:

The Panel cannot see the justification for refusing to allow the Applicant to operate in every country because the Objector has a certification mark for a generic term in Canada. Had the Objector’s certification been other than a generic term, its case might have been stronger but MLS it is a generic term used in English-speaking jurisdictions.

The decision cited the .rightathome case, in which the decision hinged on whether the new gTLD applicant had any nefarious intent in applying for the string in question.
A body of precedent seems to be emerging holding that a new gTLD application must be somewhat akin to a cybersquatting attempt in order for an objector to win.
While this may be fair, I think a likely impact is an increase in the number of dot-brand applications in future rounds, particularly in cases where the brand matches a dictionary word or collides with another trademark.
We’ve yet to see what a successful LRO looks like, but the standard appears to be high indeed.

3 Comments Tagged: .home, .mail, .mls, .pin, afilias, amazon, canadian real estate association, ICANN, legal rights objection, lro, new gTLDs, pinterest, uniregistry, united states postal service, wipo

ICANN backtracks on URS contracts

ICANN seems to have changed its mind about requiring Uniform Rapid Suspension providers to sign enforceable contracts, angering the Internet Commerce Association.
As we reported in May, the ICA claimed a victory when ICANN said in a written answer to its persistent inquiries that URS providers would be bound by contract.
An ICANN Q&A, referring to a question the ICA’s Phil Corwin asked at the ICANN meeting in Beijing, said:

[Q] As regards Uniform Rapid Suspension (URS) providers, will there be a contract developed that goes beyond the non-enforceable memorandum of understanding? Will there be other URS providers?
[A] Yes, a contract is being developed and additional URS providers will be added.

It’s difficult to interpret that as anything other than “Yes, a contract is being developed.” The fact that the question draws the distinction between a contract and an MoU seems to remove any ambiguity.
But at the ICANN 47 meeting in Durban last week, ICANN appeared to backtrack on this position.
During a URS demo session, gTLD registry services director Krista Papac said that URS providers will only have to agree to an MoU.
“This breach of a written commitment is unacceptable,” Corwin later said at the Public Forum on Thursday.
In response, ICANN deputy general counsel Amy Stathos said:

An MoU is a contract. I recognize that you don’t necessarily recognize that as the full contract that you were contemplating or that had been contemplated. But that is a contract. And it calls and requires the URS providers to comply with all the rules and procedures that are in the Guidebook.

On Friday, ICANN then published a (hastily written?) document that sought to spell out its position on contracts for URS and UDRP providers. It says:

ICANN has carefully considered whether the introduction of contracts is feasible or useful in the scope of UDRP proceedings, and has determined that contracts would be a cumbersome tool to assert to reach the same outcome that exists today.

It goes on to address some of the concerns that the ICA and others have put forward in the past. The organization, which represents big-volume domainers, is worried that some UDRP providers find more often in favor of complainants in order to secure their business. Enforceable contracts, it says, would help prevent that.
ICANN said in its new position statement (pdf) that it has never seen behavior from UDRP providers that would require it to take action, but added:

Of course, there is always the future possibility that an issue of non-compliance will arise that will require corrective action. In recognition of that potential, ICANN commits that substantiated reports of UDRP provider non‐compliance with the UDRP or the Rules will be investigated.

Contracts, it said, would not stop forum shopping.

1 Comment Tagged: ICANN, new gTLDs, udrp, uniform rapid suspension, urs

“Extortion” claims over new gTLD objection fees

The International Chamber of Commerce came in for quite a bit of criticism at ICANN 47 last week over claims that it is asking for deposits in excess of a million dollars to handle new gTLD objections.
Critics are worried that these high fees to arbitrate Community Objections will create a “chilling effect” that will dissuade communities affected by new gTLDs from objecting.
During a session early during the Durban meeting, Neustar VP Jeff Neuman said that the company had been “shocked” to receive a bill from the ICC for $190,000 for a single objection.
“Each one of the bidders had to put up $190,000,” he said. “It’s nothing better than extortion.”
Responding, ICANN new gTLD program manager Christine Willett said that ICANN has heard concerns from other applicants affected and has asked the ICC for a detailed rationale for its fees, which it will publish.
The ICC, she said, is “utilizing preeminent jurists to arbitrate and manage these cases” and that the estimated €450 per hour wage is “probably lower than what some of these jurists get in public fees”.
As we’ve noted previously, at €450 per hour it works out that each judge in the three-person panel would have to work on nothing but the objection, full-time, for over two weeks to justify the fee.
Later last week, during the Public Forum on Thursday, Mark Partridge of Partridge IP Law — who is WIPO panelist dealing with new gTLD Legal Rights Objections — had similar criticisms.
He said he was aware of a consolidated proceeding — where multiple objections have been bundled into the same case — where the ICC was asking for a total of €1.13 million.
A bit of back-of-the-envelope math suggests that the panelists in that case would have to work on the case full-time for a month at €450 an hour.
Partridge, noting that WIPO charges substantially less for LRO objections, said:

I’m also aware of not-for-profit associations that have found the amount of the required deposit to be prohibitive for that not-for-profit association to advance.
…
I’m still very concerned about the chilling effect that these high fees have going forward.

In response, Willett said that the Community Objection is substantially more complex than the LRO, and reiterated that
The prevailing party in a new gTLD gets its money back from the ICC. This may reduce the chilling effect, but only if a community is willing to put its money — if it even has the funds — on the line.
As we haven’t yet had any Community Objection decisions handed down yet, it’s pretty difficult to judge going into a case what the likely outcome would be. This may change in future rounds.
The ICC is also handled Limited Public Interest Objections, many of which have been filed by the ICANN-selected Independent Objector. If the objector loses his cases, the cost comes out of his budget, which was paid for by new gTLD applicants.

1 Comment Tagged: .durban, community objection, ICANN, icc, independent objector, international chamber of commerce, limited public interest objection, new gTLDs

“Risky” gTLDs could be sacrificed to avoid delay

Google and other members of the New gTLD Applicant Group are happy to let ICANN put their applications on hold in response to security concerns raised by Verisign.
During the ICANN 46 Public Forum in Durban on Thursday, NTAG’s Alex Stamos — CTO of .secure applicant Artemis — said that agreement had been reached that about half a dozen applications could be delayed:

NTAG has consensus that we are willing to allow these small numbers of TLDs that have a significant real risk to be delayed until technical implementations can be put in place. There’s going to be no objection from the NTAG on that.

While he didn’t name the strings, he was referring to gTLDs such as .home and .corp, which were highlighted earlier in the week as having large amounts of error traffic at the DNS root.
There’s a worry, originally expressed by Verisign in April and independent consultant Interisle this week, that collisions between new gTLDs and widely-used internal network names will lead to data leakage and other security problems.
Google’s Jordyn Buchanan also took the mic at the Public Forum to say that Google will gladly put its uncontested application for .ads — which Interisle says gets over 5 million root queries a day — on hold until any security problems are mitigated.
Two members of the board described Stamos’ proposal as “reasonable”.
Both Stamos and ICANN CEO Fadi Chehade indirectly criticised Verisign for the PR campaign it has recently built around its new gTLD security concerns, which has led to somewhat one-sided articles in the tech press and mainstream media such as the Washington Post.
Stamos said:

What we do object to is the use of the risk posed by a small, tiny, tiny fraction — my personal guess would be six, seven, eight possible name spaces that have any real impact — to then tar the entire project with a big brush. For contracted parties to go out to the Washington Post and plant stories about the 911 system not working because new TLDs are turned on is completely irresponsible and is clearly not about fixing the internet but is about undermining the internet and undermining new gTLDs.

Later, in response to comments on the same topic from the Association of National Advertisers, which suggested that emergency services could fail if new gTLDs go live, Chehade said:

Creating an unnecessary alarm is equally irresponsible… as publicly responsible members of one community, let’s measure how much alarm we raise. And in the trademark case, with all due respect it ended up, frankly, not looking good for anyone at the end.

That’s a reference to the ANA’s original campaign against new gTLDs, which wound up producing not much more than a lot of column inches about an utterly pointless Congressional hearing in late 2011.
Chehade and the ANA representative this time agreed publicly to work together on better terms.

Comment Tagged: .durban, artemis, ICANN, internal names, new gTLDs, new tld applicant group, ntag, security, verisign

90 new gTLDs pass IE. Two more withdrawals

ICANN has published its weekly run-down of new gTLD Initial Evaluation results and this week 90 applications have passed.
There have also been two withdrawals, both made by Uniregistry. It’s withdrawn its bids for .media and .country, leaving Tucows and Donuts duking it out for .media and Top Level Domain Holdings as the sole remaining applicant for .country.
TLDH and Uniregistry previously inked a deal that would see them go 50:50 on .country, the only question remaining was which applicant would drop out.
These are this week’s passing applications:

.ecom .doctor .cpa .forum .aco .mba .mom .sbs .frogans .rip .changiairport .tirol .homesense .swatch .hotel .ice .realty .web .fun .clubmed .ril .creditcard .datsun .netbank .jmp .ferrero .hockey .contact .avianca .gold .beauty .audi .cheap .bet .uconnect .map .cooking .pics .network .madrid .garden .zone .expert .cfa .trv .review .forum .pizza .dabur .pay .app .bingo .home .ryukyu .agency .tdk .xfinity .nokia .raid .hoteles .tube .school .win .gmbh .faith .show .radio .pizza .wtf .juniper .xerox .rehab .global .cloud .docs .life .fun .brother .intel .place .photo .christmas .wine .dupont .run .home .ping .boutique .mortgage .store

Comment Tagged: .country, .media, ICANN, initial evaluation, new gTLDs, tldh, top level domain holdings, uniregistry