Twitter typosquatters fined £100,000

Two typosquatters have been fined £100,000 ($156,000) by the UK premium rate phone services regulator.
PhonepayPlus said today that the owners of the typos wikapedia.com and twtter.com, both Dutch companies, were issued the fines for violating its Code of Practice.
R&D Media Europe and Unavalley use the now depressingly commonplace practice of tricking visitors with the promise of iPad prizes into signing up for bogus SMS services at ridiculous fees.
They’ve both been ordered to refund disgruntled customers’ fees.
PhonepayPlus has no powers to take away domain names, of course, so both typos are still active, albeit not no longer mimicking the Wikipedia or Twitter look-and-feel.
The regulator did however issue clear guidance that typosquatting is against its rules, stating:

This guidance reminds PRS [premium rate service] providers that they are responsible for all their digital promotions and, if they use marketing firms that mislead consumers through typosquatting, they will be in breach of the Code of Practice.

A Facebook attorney said last year that typos of high-traffic sites, such as facebok.com, could expect to get 250 million visits a year.

1 Comment Tagged: facebook, phonepayplus, twitter, typosquatting, wikipedia

AFL to apply for dot-brand gTLD

The Australian Football League has just added its name to the short but growing list of companies announcing plans to apply to ICANN for a new “dot-brand” top-level domain.
The AFL is the governing body of Aussie rules football, a bastardization of the original sport even more violent and less internationally popular than the unwatchable American version.
Like recently revealed dot-brand applicant StarHub, the league has hired Melbourne IT to handle its application and registry back-end provider ARI Registry Services to run the infrastructure.
The Aussie AFL explained its decision to apply for .afl in a press release:

A dot AFL domain has the potential to:
— Make it easier for fans to find relevant online content
— Improve the protection of AFL, club and player environments online
— Support the growth of club and AFL media channels
— Better support the promotion and education for grass roots and community football
— Simplify marketing call to actions
— Provide opportunities for sponsors to promote their association with the AFL and clubs

The AFL may have a clear shot at goal here.
While several other organizations currently use the same acronym, none of them jump out as obvious dot-brand applicants, though some may of course choose to file objections.
The announcement is pretty good news for Melbourne IT and ARI — given Aussie rules’ popularity in their native Australia, I can see this deal getting a lot of local press today.

1 Comment Tagged: afl, ari registry services, australian football league, dot-brand, ICANN, melbourne it, new gTLDs

ICM and YouPorn in antitrust settlement talks

It’s Valentine’s Day, so perhaps it’s appropriate that ICM Registry has just revealed that it’s in talks to settle the .xxx antitrust lawsuit filed by one of the world’s biggest porn networks.
ICM and Manwin Licensing may soon resolve the case, which Manwin filed in November over the “extortion” it saw in the launch of the .xxx top-level domain, according to court documents.
In a joint filing, Manwin and ICM, along with ICANN and Digital Playground – the fellow plaintiff that Manwin has since acquired – said:

in recent days, Plaintiffs and ICM have engaged in discussions aimed at resolving the disputes that are the subject of this litigation.
The parties believe that additional time would potentially allow the parties to resolve all or some portion of their disputes.

The filing stipulates that Manwin has until this Friday to file an amended complaint and that ICANN and ICM should have 60 days after that to file their responses to the complaint.
That’s assuming that the suit isn’t completely settled in the meantime, of course.
The ICANN and ICM motions to dismiss filed in January have been taken off-calendar until Manwin amends its complaint.
I understand that ICANN also has secured a 60-day extension to its deadline to respond to the separate Manwin Independent Review Panel proceeding.
Manwin, which runs Brazzers, YouPorn and the Playboy-branded web sites, claimed in its complaint that the approval of .xxx in the absence of a competitive tender and its subsequent launch policies and pricing violated US antitrust laws.
ICANN and ICM claimed in their responses last month that the company was just scared of a little competition.

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

ICANN has 100 new gTLD applicants

One hundred companies have registered to apply for generic top-level domains, according to ICANN senior vice president Kurt Pritz.
ICANN has decided not to provide a running commentary about how many applications have been received, but it did say that 25 companies registered in the first week the program was open.
“That number is now up to 100,” Pritz said today at the The Top Level conference in London.
He was referring to companies paying their $5,000 to sign up for ICANN’s TLD Application System, which is likely to be much smaller than the actual number of gTLD applications. Each TAS account can store up to 50 applications, Pritz said.
There are only 45 days left on the clock to register for a TAS account. After March 29, you’re in for a wait of at least three years (my estimate) before the opportunity comes around again.
Pritz’s revelation was one of the more interesting things to emerge during today’s half-day gathering at the offices of the PR firm Burson-Marsteller, which attracted about 40 attendees.
The other big surprise was that Scandinavian Airlines System Group, the dot-brand applicant that was due to give a presentation on its plans for .sas, was a no-show.
I gather that somebody more senior at SAS found out about the conference and decided that revealing all was not such a great business strategy after all.
Most dot-brand applicants are playing their hands close to their chest, even if they’re not heading into a contested gTLD scenario (which SAS may well be if the software firm SAS Institute also applies for .sas).
I also found it notable that there’s still substantial confusion about the program among some potential dot-brand applicants, several of which did show up as general attendees.
I talked to one poor soul who had read the latest revision of the 349-page Applicant Guidebook back-to-back after it was published January 11, trying to figure out what had changed.
He was apparently unaware that ICANN had simultaneously published a summary of the changes, which were very minimal anyway, in a separate document.
These are the types of applicant – people unfamiliar not only with ICANN’s processes but also even with its web site – that are being asked to hack the Guidebook to make the rules compatible with a dot-brand business model, remember.
One potential applicant used a Q&A session during the conference to bemoan the fact that ICANN seems intent to continue to move the goal-posts, even as it solicits applications (and fees).
Pritz and Olof Nordling, manager of ICANN’s Brussels office, reiterated briefly during their presentation today that the current public comment period on “defensive” applications could lead to changes to the program’s trademark protection mechanisms.
But this comment period ends March 20, just nine days before the TAS registration deadline. That’s simply not enough time for ICANN to do anything concrete to deter defensive applications.
If any big changes are coming down the pipe, ICANN is going to need to extend the application window. Material changes made after the applications are already in are going to cause a world of hurt.

7 Comments Tagged: .sas, dot-brands, ICANN, new gTLDs, tas, the top-level, tld application system

First .xxx cybersquatting complaint filed by porn site

The new .xxx top-level domain has seen its first cybersquatting complaint filed by a porn site.
The registrant of the domain femjoy.xxx was hit by a UDRP complaint in with the World Intellectual Property Organization late last week.
FemJoy.com is a well-known “artistic nude” porn site, according to the adult industry trade press.
While there have already been 12 UDRP cases filed against .xxx registrants, the previous cases have all been filed by the owners, such as banks and retailers, of non-porn trademarks.
The femjoy.xxx case appears to be the first instance of a cybersquatting complaint filed by a porn site.
Complainant Georg Streit has owned a US trademark on “FemJoy” – covering “magazines and periodicals featuring photographs and images of landscapes and human bodies” – since 2007.
The registrant of femjoy.xxx is an Australian called Tu Nguyen, according to Whois records. The domain does not currently resolve. In fact, it doesn’t even have name servers.

Comment Tagged: femjoy, femjoy.xxx, icm registry, udrp, wipo

Parked domain pun wins “Funniest Joke” award

A bit of Friday afternoon nonsense for you…
British stand-up comedian Tim Vine this week won a LAFTA award for the “year’s funniest joke” that’s basically just a pun on a domain name.
This is the joke: “Conjunctivitis.com – that’s a site for sore eyes”
The domain is parked (of course) and seems to be owned by a Californian domainer listed in Whois as the Health Hero Network.
I’m guessing the domain is seeing a traffic spike today.
Here’s a video of Tim Vine being much, much funnier.

Comment Tagged: laftas, tim vine

Did Kazakhstan just screw up somebody’s new gTLD plans?

ICANN has approved a new country-code top-level domain for the nation of Kazakhstan.
The new .қаз, which is “kaz” is Cyrillic, will be delegated to the “Association of IT companies of Kazakhstan”, according to a resolution passed by ICANN’s board of directors this week.
But did this move just cause problems for a new gTLD applicant?
One cultural/geographic gTLD that was proposed back in 2009 is .kab, for the Kabylia region of Algeria and the Kabyle language and people.
It’s easy to see how kab/KAB and .қаз could be considered confusing during a string similarity review, though ICANN’s laughable Sword tool only gives them a visual similarity score of 49%.
The .kab application currently has a dead web site, so it’s quite possibly one of the many new gTLD projects that fizzled out during ICANN’s repeated delays launching the program.

3 Comments Tagged: .kab, .қаз, cctlds, ICANN, idn cctld fast track, idns, new gTLDs

M+M adds $14m to new gTLDs war chest

Top Level Domain Holdings has raised £9 million ($14.2 million) with a share sale, boosting its ability to apply for new generic top-level domains.
TLDH, which is listed on the Alternative Investment Market in London, owns registry provider Minds + Machines and has interests in a number of new gTLD joint ventures.
The shares were sold to “institutional and other investors” for 8.25p each, the company said.
TLDH now has a cash pile of about $25 million, CEO Antony Van Couvering said in a press release. Chairman Peter Dengate Thrush added:

TLDH management believes that the increased capital will allow it to increase significantly the number of applications it is able to make, allowing it to develop a wider, more diversified portfolio of names in multiple languages and scripts

The current cash balance would allow it to apply for 135 gTLDs, if it blew the whole lot on application fees.
I expect its actual number of applications to be more like 30, which would leave TLDH with about $20 million in reserve for fighting contested applications and start-up costs.
It could also try to raise some more money from the markets when some of its gTLD applications start being approved, of course.
Being the only public company entirely devoted to new gTLDs may leave TLDH in an interesting tactical position a few months from now — competing applicants are going to have a relatively good insight into the strength of its hand if any of its applications go to auction.

2 Comments Tagged: ICANN, Minds + Machines, new gTLDs, tldh

ICANN promises a second new gTLD round

Seeking to reduce the perceived need for defensive new gTLD applications, ICANN has repeated its promise to accept a second round of applications after the first is over.
“ICANN is committed to opening a second application window for the New gTLD Program as expeditiously as possible,” its board of directors resolved earlier this week.
No date has been revealed, but the resolution calls on ICANN staff to draft a “work plan” describing the things that need to happen before the second round begins.
Those include two or three reviews of the impact of the first round that ICANN has promised to its Governmental Advisory Committee and the US Department of Commerce.
It also depends to great extent on how many applications are submitted in the first round – which ICANN won’t know until April 12 – and how long they take to process.
The lack of a second round date is one of the big uncertainties hanging over the program, blamed in part for an expected influx of “defensive” dot-brand gTLD applications from companies with no interest in running a domain name registry.
ICANN’s commitment to a second round has never been in question – running the new gTLD program in rounds has been part of the policy from the outset, as the Applicant Guidebook explains. The only question is when it happens.
This week’s board resolution does not change that position, nor has it yet added clarity to the timing question.
But with ICANN increasingly worried about defensive dot-brands – which I think are one of the biggest PR risks to the program – some kind of statement was needed.
ICANN chair Steve Crocker said in a press release:

The important thing here is that the Board has erased any doubt that there will be a second application window for new generic Top-Level Domains. It’s not yet possible to set a definitive date for the next application period, but that will be determined after the current window closes.

1 Comment Tagged: ICANN, new gTLDs, second round

A dozen .xxx sites hit by rapid takedown

The National Arbitration Forum has ordered the secret takedown of 12 .xxx domains since the adults-only gTLD launched in December.
NAF yesterday published statistics about the .xxx Rapid Evaluation Service, which ICM Registry created and NAF exclusively administers.
Fifteen RES complaints have been filed since December 6, 12 of which have been resolved so far. All of the cases were won by the complainant — a trademark holder in 11 of the cases.
The RES was designed to handle clear-cut cases of cybersquatting and impersonation. It costs $1,300 to file a complaint and offers a super-fast alternative to the UDRP.
The domains are suspended forever if the complainant is successful.
According to NAF, it’s currently taking on average two business days between the complaint being filed and the domain being suspended.
Because registrants have 10 days to respond – and half of them did – the final decision took an average of 12 business days.
Unlike UDRP, RES decisions are not published, so there’s no way of knowing whether they were fair.

8 Comments Tagged: icm registry, naf, national arbitration forum, rapid evaluation service