Seven new gTLD applications withdrawn, two after GAC Early Warnings

Seven more new gTLD applications have been officially withdrawn from the ICANN evaluation process, two of which were recently hit with governmental warnings, bringing the total to 13.
The applications yanked since DI’s last update are:

.ansons (CBM Creative Brands Marken GmbH)
.caremore (WellPoint, Inc)
.glean (Lifestyle Domain Holdings, Inc)
.gmbh (GMBH Registry, LLC)
.hilton (HLT Stakis IP Limited)
.skolkovo (Fund for Development of the Center for Elaboration and Commercialization of New Technologies)
.swiss (Swiss International Air Lines Ltd)

The withdrawal of .swiss means that a contention set is now no longer a contention set.
The other .swiss applicant is the Swiss government itself, which filed a Governmental Advisory Committee Early Warning against its rival last month and is now pretty much guaranteed a win.
The latest withdrawals also thin the field for .gmbh, reducing the number of applicants from six to five.
All of the .gmbh applications received GAC Early Warnings from Germany. The country is concerned that only legal GmbH entities — equivalent to “Ltd” or “LLC” companies — should be able to own these domains.
The .hilton, .glean, .ansons, and .caremore applications were all dot-brands.
So, to an extent, was .skolkovo. Skolkovo is an emerging high-technology campus outside of Moscow with big intentions to become the Russian Silicon Valley. It’s not known why its bid was pulled.

Comment Tagged: .caremore, .glean, .gmbh, .skolkovo, .swiss, hilton, ICANN, new gTLDs

Deloitte confirmed as first Trademark Clearinghouse provider

ICANN has signed a contract with Deloitte, making the company the first official trademark validation agent for the forthcoming new gTLDs Trademark Clearinghouse.
The news emerged in a blog post from ICANN CEO Fadi Chehade today.
The TMCH is going to use the registry-registrar model, with IBM acting as the centralized, sole-source database operator, and Deloitte acting as the first “registrar”.
Marks entered into the TMCH will be eligible for Trademark Claims notifications and, in cases where proof of use has been provided, Sunrise registrations.
Chehade confirmed that Deloitte can charge a maximum of $150 per trademark per year, with discounts available for multiple marks and multiple years.
IBM’s contract and associated fees have not yet been set, due largely to the fact that the TMCH implementation model is still the subject of debate and controversy.
ICANN has confirmed, however, that it will retain “all intellectual property rights” to data stored in the Clearinghouse, meaning it may be able to migrate the database to a different provider in future.
Chehade also confirmed that ICANN has received “multiple” responses to its Request For Information for a Uniform Rapid Suspension service provider that come in under its $500-per-case price target.

Comment Tagged: deloitte, ibm, ICANN, new gTLDs, tmch, trademark clearinghouse, uniform rapid suspension, urs

Ombudsman probing secretive Trademark Clearinghouse meetings

ICANN Ombudsman Chris LaHatte is investigating ICANN’s recent closed-door Trademark Clearinghouse talks, and wants feedback from community members.
In a brief blog post this evening, LaHatte wrote:

I have received a complaint about the process used in the recent Trademark Clearinghouse meetings where decisions were made on the way forward. The complaint in summary says that the decisions were made without full consultation from some contituencies. I have of course not formed any view on this, and need input from people who participated and were pleased with the process, or from others who feel they were excluded. Such submissions can be made to me at ombudsman@icann.org, or on this blog. as comments.

The complaint refers to meetings in Brussels and Los Angeles recently, convened by CEO Fadi Chehade to discuss proposals jointly submitted by the Intellectual Property Constituency and Business Constituency.
The IPC and BC continue to call for stronger trademark protections in the new gTLD program, and the talks were designed to see if any changes could be made to the TMCH that would fulfill these requests.
The two meetings ultimately saw ICANN come up with a “strawman proposal” for giving the IPC/BC some of what they wanted, which is currently open for public comment.
However, the meetings were invitation-only and, unusually for ICANN, not webcast live. Attendees at the LA meeting also say that they were asked by ICANN not to tweet or blog about the talks.
While the LA meeting was apparently recorded, to the best of my knowledge the audio has not yet been released.
While LaHatte did not of course name the person who complained about these meetings, I’d hazard a guess they are from the non-commercial side of the house, members of which have already complained that they were vastly outnumbered by IP interests.
(UPDATE: I was correct. The complaint was filed by Maria Farrell of the Non-Commercial Users Constituency)
Former GNSO Council chair Stephane Van Gelder (from the Registrar Constituency) also recently wrote a guest post for DI in which he questioned the possible circumvention of ICANN’s established bottom-up policy-making processes.
There’s also substantial concern in other constituencies that ICANN is trying to appease the trademark lobby for political reasons, attempting to force through their desired changes to the new gTLD program under the guise of tweaks to “implementation” detail.
Chehade has asked the GNSO Council for “policy guidance” on the TMCH strawman proposals, which seems to be already stirring up passions on the Council ahead of its December 20 meeting.
The question of what is “implementation” and what is “policy” is a meme that we will be returning to before long, without doubt.

1 Comment Tagged: ICANN, new gTLDs, Ombudsman, tmch, trademark clearinghouse

New gTLD lottery tickets now on sale

ICANN has started selling its $100-a-pop New gTLD Prioritization Draw raffle tickets in Los Angeles, with a little less than a week to go until the make-or-break drawing.
The organization is understandably eager not to balls it up this time — the Draw replaces Digital Archery, which was killed off largely due to how silly it was — so there are strict rules in place.
Due to the Californian lottery laws the Draw will operate under, applicants have to show up in person to buy their tickets, or ask a designated proxy to do it for them.
To avoid any funny business, each buyer has to show up with a government ID with details matching those on the special Designation Form, which in turn must be signed by a named individual from the gTLD application itself.
It’s strictly one ticket per application, of course.
Some applicants have got in early. Here’s photographic evidence that some applicants have successfully bought theirs, courtesy of Uniregistry counsel Bret Fausett.

The draw itself will take place on December 17, starting at about 1pm local time, at the LA airport Hilton. Anyone who shows up to buy tickets after 11am that day will be turned away.
With over 1,900 applications, we could be looking at eight hours or more of pulling pieces of paper out of a bucket.
The whole thing will be webcast for people who, like me, have nothing better to do with their time.
Opting out of the process is as simple as not buying a ticket, but there’ll be a secondary draw to determine the prioritization of opted-out applications.
Applications for internationalized domain names will be drawn first, followed by non-IDNs, followed by opted-out IDNs, followed by opted-out non-IDNs.
Why is this lottery so important?
For many applicants it’s going to determine their time to market, which could mean the difference between launching into a market eager for new real estate and launching into one jaded by flops.
In some cases a good draw number could be worth millions. But unfortunately for applicants, they won’t be able to trade their tickets or prioritization slots.

Comment Tagged: icann. new gtlds, prioritization draw

Van Gelder leaves NBT, goes solo with consulting biz

Stephane Van Gelder, who co-founded the French registrar Indom in 1999, is leaving the company at the end of the year.
He’s founding a new company, Stephane Van Gelder Consulting, saying he wants to provide consulting services to domain portfolio owners, registrars and registries.
Indom was acquired by European registrar holding company Group NBT two years ago for about $22 million.
Van Gelder was until October chair of ICANN’s Generic Names Supporting Organization Council, and has recently kindly provided DI with a few provocative guest posts.

1 Comment Tagged: group nbt, indom, stephane van gelder consulting

List your job openings for free on DI Jobs

DI Jobs has been given a total overhaul, and I’m pleased to announced that you can now list your domain name industry job openings completely free of charge.
You can check out the new site here.
The new service supports logos, maps, tags, and allows extensive job descriptions to be uploaded. After posting, ads can be edited by the poster via the account interface.
It’s new software, so should be considered a “beta” for the time being, but early testers tell me everything is functioning as expected so far.
It’s our intention to keep the listing service free forever, though we may introduced premium-placement options at a later date.

Comment Tagged: di jobs

Go Daddy gets its fourth CEO in a year

Go Daddy has appointed Blake Irving, formerly of Microsoft and Yahoo, as its new CEO.
He’s the fourth man to take the top spot at the market-leading registrar in the last 12 months.
Founding CEO Bob Parsons stepped aside for his protege COO Warren Adelman a year ago, but he too was replaced in August by the company’s new investors.
Irving was most recently chief products officer at Yahoo, but has spent most of his career as a Microsoftie, heading up the Windows Live platform at the tail end of his 15-year tenure.
He will take over from interim CEO Scott Wagner of KKR Ventures on January 7 next year.
Domain Name Wire has a few quotes from the new guy over here.

Comment Tagged: go daddy

YouPorn owner arrested in tax evasion probe

YouPorn owner and regular ICM Registry antagonist Fabian Thylmann has reportedly been arrested in Belgium in connection with a German tax evasion investigation.
He was taken into custody at Brussels airport today under a warrant from the Cologne District Court, according to German daily Die Welt.
Thylmann is the owner — some say nominally so — of Manwin Licensing, the online porn empire behind brands such as YouPorn, Brazzers and, under license, Playboy.
Manwin sued ICANN and ICM late last year over the .xxx gTLD, saying it violates US antitrust laws, charges which are denied.
The company is also engaged in an ICANN Independent Review Panel procedure over the same issues.
ICM says that the lawsuit, and a related boycott, are merely attempts to disrupt its business. Thylmann, the company claims, offered to invest in ICM but was rebuffed.
According to Die Welt, Manwin’s German headquarters was raided last Tuesday as part of an ongoing tax evasion probe, which was spurred in part by the newspaper’s own investigation into the company.

Comment Tagged: ICANN, icm registry, manwin, xxx, youporn

Ombudsman asks DCA to simmer down after .africa conflict of interest complaint

ICANN’s Ombudsman dismissed a complaint from DotConnectAfrica about alleged conflicts of interest on ICANN’s board of directors, but scolded DCA for its “intemperate” blog posts.
DCA complained in October that two members of the board — Mike Silber and Chris Disspain — have conflicts of interest in relation to the contested .africa gTLD.
DCA has applied for .africa without notable government support, whereas South African registry Uniforum has applied with formal backing from most African governments.
According to DCA’s complaint, as described by Ombudsman Chris LaHatte in a new blog post, Disspain and Silber somehow have conflicts of interest related to this contention set.
Silber is treasurer of ZADNA, the South African domain name authority, which oversees .za policy and ergo Uniforum’s ccTLD business, which is arguably a close connection to the .africa applicant.
Disspain is CEO of auDA, which oversees policy for Australia’s .au ccTLD and therefore has a relationship with AusRegistry, a major back-end provider for new gTLD applicants.
It’s not at all obvious what the alleged conflict of interest related to .africa is in Disspain’s case.
When LaHatte asked DCA executive director Sophia Bekele to explain the precise nature of the conflicts, he did not receive any information beyond identification of these two employment connections, both of which are already fully disclosed by ICANN.
Both men are members of the board’s New gTLD Program Committee, which wields the board’s power over the new gTLD program and is designed to comprise only non-conflicted directors.
LaHatte blogged that he was unable to find any discussion of .africa in any board or committee meeting minutes — because ICANN has not discussed any individual gTLD applications yet — and was therefore unable to find any unfair treatment of DCA.
Dealing with unfair treatment is of course the Ombudsman’s job. LaHatte concluded:

I consider that no disqualifying conflict of interest, or indeed any conflict of interest at all, is present in the actions of both Chris Disspain and Mike Silber. It is likely this complaint has led to increased awareness of the possibilities of conflict of interest, which the Board will carefully consider in terms of the existing policy about conflict, when the issue arises. I consider this should continue to be a matter for consideration in gTLD decision making by the Board.

But the Ombudsman also, it seems, had some concerns about the nature of DCA’s lobbying campaign over the last several months, which has been as vitriolic has it has been scattershot.
As previously noted, some of its allegations against its .africa rival have been baffling.
LaHatte clearly picked up on the tone of the debate also, blogging:

There has been considerable amount of discussion on blogs, Twitter and other sites and in comments on the ICANN website in relation to the new .africa gTLDs applications. Regrettably much of the discussion has been intemperate.
…
An aspect of this application has been the unfortunate tone of much of the debate on various websites blogs and other places. During the course of this investigation I discussed this with Sophia Bekele (at the Toronto meeting) and suggested that perhaps a less aggressive approach would be appropriate. She readily agreed to this.
The discussion and debate continues to be fairly vigorous, but I would suggest to the competing parties for .africa that they should pay attention to the ICANN rules about respectful communication.

As Uniforum has said little, and DCA a lot, I can also assume that the blog posts being referred to are DCA’s.
The company has for several months regularly posted often incomprehensible allegations on its blog, usually in multicolored text with liberal use of italics and bold.
Bekele was also last week rumbled using a fake identity on a mailing list to support DCA’s position.

2 Comments Tagged: africa, auda, conflict of interest, dotconnectafrica, ICANN, new gTLDs, uniforum, zadna

Russian iTunes Store infiltrated by .xxx banners after snafu [NSFW]

Russian iTunes users reportedly got a shock today when they discovered masses of sexually explicit content from the .xxx gTLD in their iTunes Store.
According to local reports, attempts to visit a part of the store dedicated to foreign movies displayed a bunch of banner ads for .xxx web sites instead of the expected content.

@arcoolov @markgurman @9to5mac This is NOT a joke. How do you explain replies in the comments? A legitimate issue twitter.com/iphones_ru/sta…

— iphones.ru (@iphones_ru) December 5, 2012

Digging a little deeper, it appears that the images were being drawn directly from xxx.xxx, a promotional directory site owned and managed by ICM Registry, the .xxx registry.
Speculation in the Apple blogs is that an iTunes Store developer inadvertently typed “xxx.xxx” somewhere as a placeholder URL, not realizing that .xxx is actually a live TLD.
There’s a lesson here for new gTLD registries somewhere, I’m sure.

4 Comments Tagged: apple, icm registry, itunes, xxx, xxx.xxx