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DomainTools doubles prices, relaunches site

Kevin Murphy, February 16, 2011, Domain Registrars

Whois specialist DomainTools has revamped its web site and raised the price of its services.
The price increase is quite substantial. The cheapest paid-for tier appears to be the $30-a-month Standard Membership, a 100% increase on the old $15 basic package.
Existing members have been grandfathered in at their current rates. DomainTools said that it’s the first price increase in five years.
It does appear that subscribers may get more bang for their buck under the new tiers. At least, my subscription appears to be buying me more services than it was before the relaunch.
But that may be because I was never entirely clear what I was paying for. The confusing old “unit”-based pricing has gone, and the new site is a lot clearer about what you get for the money.
Many of the other changes appear to be cosmetic. The site does look a bit slicker than before, while retaining its familiar look-and-feel.
The company also appears to have sorted out its dispute with Go Daddy, which recently started blocking Whois aggregators including DomainTools.
A few test look-ups I did for domains registered at Go Daddy returned full Whois results, not the stubs it was delivering following the block.
Given that registrars are allowed to charge $10,000 a year for access to bulk Whois records, I’m tempted to draw a connection between the Go Daddy situation and the price increase, but I have no hard information to support that conclusion.
UPDATE: I’ve heard from DomainTools that the Go Daddy situation has not yet been resolved.
DomainTools subscribers currently see full Whois records when they search for domains registered at Go Daddy. In order to throttle the vast majority of the traffic the site sends to Go Daddy’s servers, non-subscribers are still receiving incomplete data.
The dispute is evidently more complex than a simple $10k shakedown.

ICANN terminates another registrar

Kevin Murphy, February 14, 2011, Domain Registrars

Another tiny domain name registrar has been given its marching orders by ICANN.
Best Bulk Register, which looks to have only a few hundred domains under management, will be shut down March 4, according to a letter (pdf) from ICANN’s compliance department.
The company had failed to pay over $10,000 in fees, and was not providing Whois services as required by the Registrar Accreditation Agreement, according to ICANN.
The registrar’s web site does not currently appear to resolve.
Best Bulk has until tomorrow to pick a registrar to take over its domains, or ICANN will pick one for it.

Noel Gallagher buys domain name with gig tickets

Kevin Murphy, January 31, 2011, Domain Sales

Former Oasis lead guitarist Noel Gallagher reportedly bought the domain name noelgallagher.com from a squatter in exchange for band memorabilia and free gig tickets.
According to British tabloid The Sun:

The former OASIS star found out recently that a cunning punter in Barcelona had snapped up the domain name noelgallagher.com ten years ago.
And The Chief’s plans to get things in order for his solo career were being held up by the Barca Bandit – because he was demanding a small fortune to hand it back.
Noel took matters into his own hands last week. He paid for the Spaniard to fly to London, put him up in a plush hotel and met him in person to thunder out a deal.
And after some serious haggling, and a few Oasis anecdotes, the chancer changed his demands from tens of thousands of pounds – to some signed memorabilia and guest list action at Noel’s next solo gigs.

I’m not sure how much success Oasis ever had outside of the UK. If you’ve never heard of them: briefly here in the 1990s they were regarded by some (mainly themselves) as the second coming of The Beatles.
I’ve never before seen a domain name story reported in The Sun, a notoriously unreliable but hugely popular Murdoch-owned daily rag, so I did a bit of fact-checking.
Whois history shows that the original registrant was from Madrid, not Barcelona, and that the domain was initially registered in 2002.
While the report claims Gallagher flew the squattter to London to negotiate the deal “last week”, the domain actually seems to have been owned by someone at Oasis’s record label since March 2010.
So either the cybersquatter got a free city break, or The Sun is — shockingly — reporting unreliable celebrity news.
The domain name does not currently resolve.

Did Twitter pay $47,000 for Twitter.co.uk?

Kevin Murphy, January 26, 2011, Domain Sales

The domain name twitter.co.uk, which was until recently listed for sale with a £30,000 ($47,000) price tag, is now owned by Twitter.
The domain now redirects visitors to twitter.com, and Whois records last updated a week ago show that it is now registered to the San Francisco-based company.
Until recently, twitter.co.uk led to a page calling itself a “thorn in the side of American imperialism” and containing a lengthy rant about the microblogging service, which The Guardian reported on in 2009.
It also, since April 2010, carried this notice:

This domain is for sale at offers over £30k. This valuation is based on the fact that I devoted 9 months of my life working on my own t.w.i.t.t.e.r. project in 2005. I have offered the domain to Twitter Inc, giving them “first refusal”, and as they turned me down I am now offering it to anyone else who may be interested. Obviously there are limits as to what you would be allowed to do with the domain and you should familiarise yourself with Nominet’s policies and, in particular, its Dispute Resolution Service (DRS)

The previous owner registered the domain in early 2005 for his own legitmate purposes, well before Twitter itself launched, so it was by no means a case of cybersquatting.
The domain would, of course, have been considered untouchable for any sensible domainer.
Nominet, the .uk registry, currently has no record of Twitter ever bringing a complaint to its DRS, so it seems likely that Twitter had to put its hand in its pocket to acquire the domain.
The change seems to have been first noticed by a Twitter user at the weekend. AcornDomains has a discussion.
(Hat tip: @MathewCoUk)

UDRP tip: put your domain in the Whois

Kevin Murphy, January 25, 2011, Domain Policy

If you’re fighting off a bogus UDRP complaint on one of your domain names, the onus is on you to prove that you have “rights and legitimate interests” in the domain.
That could be tricky, especially if you think you may been assigned a panelist with a pro-complainant bent, but there may be some ways to mitigate the risk of losing your domain.
Take this recent case, for example: PissedConsumer.com versus ThePissedOffConsumer.com.
The panelist determined that the registrant of ThePissedOffConsumer.com had no “rights and legitimate interests”on the grounds that a) it was competing with the complainant, b) the web site used the same color (red) as the complainant and c) the registrant was not known by the domain.
Ignoring the first two (highly debatable) findings, let’s look at c). The panelist wrote:

Complainant alleges that Respondent has never used a company name “The Pissed-Off Consumer” in connection with operation of any business activities. The WHOIS information for the disputed domain name lists the registrant of the domain as “John Cross.”
The Panel finds, based on the evidence in the record, that Respondent is not commonly known by the disputed domain name, and as such lacks rights and legitimate interests in the said name

In other words, because Whois showed the name of the registrant, rather than the name of the domain, the registrant was not “commonly known” as the domain and lacked rights.
To add insult to injury, the complainant was assumed to have earned the right to the mark “Pissed Consumer” before it had officially acquired a trademark (and before the disputed domain was registered) simply by virtue of operating PissedConsumer.com, despite the fact that it hides behind Whois privacy and is called Consumer Opinion Corp.
Presumably, if Cross had simply added the text “ThePissedOffConsumer” to his Whois record, the panelist would have had one less data point “in the record” to justify his finding.
In fringe UDRP cases, that could prove a useful defensive tactic.

Verizon subpoenas DirectNIC whistleblower

Kevin Murphy, January 21, 2011, Domain Registrars

Verizon has subpoenaed a former DirectNIC employee as part of its ongoing cybersquatting lawsuit against the domain name registrar.
Mark Deshong filed a “whistleblower” suit against his former employer – Keypath LLC, which he said shares ownership with DirectNIC – last August, but it was quickly settled out of court.
He alleged Keypath was engaged in a fraudulent domain arbitrage scheme using Yahoo Search Marketing and credit cards applied for in the name of bogus companies.
Keypath’s lawyers (who denied the links to DirectNIC) in turn accused Deshong of trying to extort the company for a larger severance package. The case was settled in October.
Now, in a Florida court filing (pdf), Verizon said it has subpoenaed Deshong for information related to its own case, which is currently tied up in pretrial discovery arguments.
He was scheduled to provide a deposition on Tuesday.
Verizon claims DirectNIC engaged in cybersquatting via shell companies such as Kenyatech/Kentech and Belize Domain WHOIS Service.
While there’s circumstantial evidence connecting the companies, CEO Sigmund Solares signed a sworn affidavit in a previous case denying Kenyatech and DirectNIC were affiliated.
Verizon’s interest in Deshong appears to be limited to information about DirectNIC’s ownership structure and its affiliations, rather than his allegations about domain arbitrage practices.

Red Bull files UDRP after domain expires

Kevin Murphy, January 17, 2011, Domain Policy

Energy drink maker Red Bull has filed a UDRP complaint over the domain name red-bull.com, which until recently it actually owned.
It’s moderately embarrassing, but not unheard of, for companies to turn to the UDRP after domains they allow to expire are then snapped up by squatters.
What makes the complaint unusual is that the domain red-bull.com is not an obscure fringe case – it’s virtually identical to the company’s trademark and to its primary domain, redbull.com.
Also, according to Whois records, Red Bull also appears to use MarkMonitor, the brand-protection registrar, for its domain name needs.
Whois history shows that Red Bull acquired the domain in about 2005, but allowed it to expire in September 2010, after which it was quickly acquired by a third party.
Did Red Bull deliberately allow it to expire? There’s a case to be made for rationalizing defensive registration portfolios to reduce costs, but this domain would seem (to me) to be a definite keeper.
MarkMonitor has a policy of declining to comment on clients, which it chose to exercise when I inquired.
The domain red-bull.com currently resolves to what can only be described as a splog. It shows up on page two of Google for the search [red bull], which may go some way to explaining the UDRP.
Red Bull acquired red-bull.net, red-bull.cc and red-bull.tv via UDRP proceedings between 2001 and 2004, but has since allowed all three, as well as the .org, which it also owned, to expire.
The .tv and .net versions are currently parked, meaning they don’t rank so well in search engines.
It’s not the first odd UDRP Red Bull has filed. Last year, it lost a UDRP complaint despite winning a court case over the same domain name, as I reported in June.

Universe.jobs launches with hundreds of premium domains

Kevin Murphy, January 7, 2011, Domain Registries

The controversial Universe.jobs project has soft-launched, offering jobs listings at hundreds of premium geographic and vocational .jobs domains.
Country and state domains such as usa.jobs, gbr.jobs and texas.jobs, as well as industry domains such as firefighter.jobs and journalist.jobs are live and resolving.
If you visit, say, usa.jobs or rus.jobs, you’ll be presented with a bunch of job listings from the USA or Russia. If you visit retail.jobs, you’ll be bounced to usa.jobs/retail (at least, I was).
Even combinations, such as texas.nursing.jobs, seem to work.
I’ve no idea how many domains have been activated this way, but since all the geographics seem to be active I’m guessing it’s at least several hundred at the second-level.
The site, which is presented as a service of the DirectEmployers Association’s National Labor Exchange, currently says it’s in beta.
But the big questions now are: is this legit, and who owns the domains?
Employ Media, the .jobs registry, had to fight ICANN and mainstream commercial jobs boards in order to drop the contractual restrictions that previously limited .jobs to company names.
But some argued that, despite the relaxation of the string restrictions, employer-independent jobs sites such as Universe.jobs would still be verboten under Employ Media’s charter.
The .JOBS Charter Compliance Coalition, made up of newspaper associations and boards such as Monster.com, tried to get ICANN to reconsider its decision, but failed (kinda).
While the Coalition’s Reconsideration Request was unsuccessful, ICANN did say it will start to monitor Employ Media for compliance with its charter more closely.
More interestingly, perhaps, during the ICANN investigation Employ Media abruptly dropped plans to create a “self-managed” class of domains – names registered to itself, but “used” by third parties such as DirectEmployers.
Did it make good on its promise? It’s difficult to be certain, because the Whois for the many of the domains in question seems to be broken.
I’ve been able to establish that some older domains, such as usa.jobs and nursing.jobs, currently belong to DirectEmployers, but trying to figure out who owns some of the more recently registered geographical .jobs names is an excruciating process.
The Whois link buried at the bottom of the official Employ Media web site directs you to the Whois service provided by VeriSign (which runs the back-end registry infrastructure for .jobs).
VeriSign’s tool does not return the name of the registrant, only details such as the registration date, associated name servers, and the URL of the appropriate registrar’s Whois server.
In the case of all these geo domains, the registrar appears to be NameShare. The Whois server URL given by VeriSign points to a second tool, at whois.nameshare.com, that doesn’t work.
If you try to query, for example, usa.jobs (after filling out the Captcha) you get this message:

[r3] Error Message: Unsupported TLD .jobs

If you visit the NameShare homepage, you will be able to find a third .jobs Whois tool, at whois-jobs.nameshare.com/whois/. This doesn’t seem to work properly either.
This tool will tell you that the domain usa.jobs belongs to DirectEmployers.
However, almost every other Universe.jobs-related domain that I queried returned a “not found” message, even when the domain resolves and the VeriSign tools says it’s been registered for over a month.
I’m not sure what’s going on. Some kind of technical problem, no doubt.

Cops seize 1,800 domains in 2010

Kevin Murphy, December 27, 2010, Domain Policy

Nominet helped the UK’s Metropolitan Police seize 1,800 .uk domains during 2010, many of them just prior to Christmas, according to the Met.
The domains all allegedly hosted “bogus” sites that were “either fraudulent or advertising counterfeit goods which failed to materialise”, the Met said.
While a statement from the Police Central e-Crime Unit said it had worked with “registrars” to shut down the domains, it also credited Nominet a role:

The sites are run by organised criminal networks and thought to generate millions of pounds which can then be used to fund further illicit activity.
The preventative action was carried out in partnership with Nominet – the public body for UK domain name registrations – and involved a concentrated effort around the festive period; a time when we traditionally see an upsurge in this type of crime as fraudsters take advantage of the increased number of online consumers.

It’s not the first time the UK police, with Nominet’s aid, have swooped to shut down such domains.
In December 2009, a similar announcement from the PCeU, which said that 1,219 domains had been turned off, was greeted less than warmly by some.
Web hosting companies reportedly often ask for a court order before shutting down sites. When VeriSign helped US law enforcement seize 80+ domains in November, it did so subject to a court order.
It seems domains in the UK may not be subject to such judicial oversight.
Nominet chief executive Lesley Cowley, discussing the December 2009 seizures in a recent interview, would only tell me that the police had “instructed” Nominet to shut down the domains.
According to The Register’s coverage, Nominet used the lack of authentic Whois data as legal cover for those seizures.
But there is a new Nominet policy development process under way, initiated by the UK Serious and Organised Crime Agency, which seeks to amend the standard .uk registrant agreement to give a stronger contractual basis for seizing domains when they appear to break UK law.

Go Daddy offers Whois privacy for .co domains

Kevin Murphy, December 22, 2010, Domain Registrars

.CO Internet has started allowing registrars to offer Whois privacy services for .co domains, according to Go Daddy.
In a blog post, Go Daddy’s “RachelH”, wrote:

When the Internet Corporation for Assigned Names and Numbers (ICANN) and .CO Internet S.A.S. drafted the .co policy earlier this year, they decided to hold off on private registration to prevent wrongful use of the new ccTLD — especially during the landrush. Now that .co has carved its place among popular TLDs, you can add private registration to your .co domain names.

Unless I’m mistaken, ICANN had no involvement in the creation of .co’s policies, but I don’t think that’s relevant to the news that .co domains can now be made private.
During its first several months, .CO Internet has been quite careful about appearing respectable, which is why its domains are relatively expensive, why its trademark protections were fairly stringent at launch, and why it has created new domain takedown policies.
It may be a sign that the company feels confident that its brand is fairly well-established now that it has decided to allow Whois privacy, which is quite often associated with cybersquatting (at least in some parts of the domain name community).
It could of course also be a sign that it wants to give its registrars some love – by my estimates a private registration would likely double their gross margin on a .co registration.