ICANN rejects a whole bunch of new gTLD policy stuff

ICANN has delivered some bad news for dot-brands, applicants from poorer countries, and others, at the weekend rejecting several items of new gTLD policy advice that the community spent years cooking up.

The board of directors on Sunday approved a scorecard of determinations, including the rejection (or non-adoption) of seven GNSO recommendations that it deems “would not be in the best interests of the ICANN community or ICANN”.

In reality, it’s the latter that seems to have been foremost in the board’s mind; most of the rejections appear to be geared toward reducing ICANN Org’s legal or financial exposure.

Notably, dot-brands are denied some of the relief from cumbersome or expensive requirements that the GNSO had wanted rid of.

The board rejected a recommendation that would exempt them from the Continued Operations Instrument — a financial bond used to pay an Emergency Back-End Registry Operator should the applicant go out of business.

“[T]he Board is concerned that an exemption from an COI for Spec 9 applications would have financial impact on ICANN since there would be no fund to draw from if such a registry went into EBERO,” the board wrote.

It also rejected a request to exempt dot-brands from rules requiring them to contractually ban and monitor abuse in their TLDs. The GNSO had argued that single-registrant TLDs do not suffer abuse, but the board said this could lead to abuse from compromised domains going unaddressed.

“The Board concludes that Recommendation 9.2, if implemented, could lead to DNS abuse for second-level registrations in a single-registrant TLD going unaddressed, unobserved, and unmitigated,” it said.

Applicants hoping to benefit from the Applicant Support Program — which in 2012 offered heavily discounted application fees to poorer applicants — also got some bad news.

The GNSO wants the support to extend to other costs such as application-writing services and lawyers, which naturally enough put the frighteners on the board, which noted “such expansion of support could raise the possibility of inappropriate use of resources (e.g. inflated expenses, private benefit concerns, and other legal or regulatory concerns)”.

The board also rejected a couple of recommendations that could be seen as weakening its role as ultimate authority over all things gTLD.

It rejected a proposal to remove the controversial covenant not to sue (CNTS) from the application process unless other recommendations related to appeals processes are implemented.

ICANN said that because it has not yet approved these other recommendations, it has rejected this recommendation.

The board also rejected a recommendation that would have limited its ability to reject a gTLD application to only when permitted to do so by the rules set out in the Applicant Guidebook.

The idea was to prevent applications being arbitrarily rejected, but the board said this “may unduly limit ICANN’s discretion to reject an application in yet-to-be-identified future circumstance(s)”.

The rejections invoke part of the ICANN bylaws that now requires the GNSO Council to convene and either affirm or amend its recommendations before discussing them with the board. Presumably this could happen at ICANN 78 next month.

The bylaws process essentially gives the board the ultimately authority to throw out the GNSO recommendations if it can muster up a two-thirds supermajority vote, something it rarely has a problem achieving.

Volkswagen ditches its dot-brand

Another major car-maker has thrown in the towel on its key dot-brand gTLD. This time it’s Volkswagen.

Referring to .volkswagen, the company has told ICANN: “This top level domain has never been utilized by Volkswagen of America and we do not intend to utilize it.”

The company had already ditched its secondary dot-brand, .大众汽车 (.xn--3oq18vl8pn36a), which is the Chinese version of its name.

Fiat Chrysler and Bugatti have both also previously terminated dot-brand contracts, while Seat and Audi each have thousands of names in their main dot-brand gTLDs.

Another six dot-brands self-terminate (two are very strange)

Three companies have asked ICANN to turn off a total of six dot-brand gTLDs. Two each.

Lifestyle Domain Holdings no longer wants to run .cityeats and .frontdoor, Paramount-owned CBS Domains wants out of .cbs and .showtime, and chocolate maker Ferrero wants rid of .kinder and .rocher.

It’s perhaps not surprising that Lifestyle Domains is done with .cityeats and .frontdoor, given that they were never used. What is surprising is that the brands themselves have been defunct for many, many years.

The registry was a part of Scripps Networks, an American cable TV company that owned HGTV and the Food Network. It’s now part of Warner Bros Discovery. CityEats.com and FrontDoor.com were part of its online empire.

But both sites were sold off to third parties in 2015 — the same year Lifestyle signed its two registry agreements with ICANN. In the case of .cityeats, the brand seems to have been sold off months before the contract was signed.

The registry appears to have been paying ICANN $50,000 a year for two TLDs is has absolutely no need for — it owned the dot-brands but not the matching brands. Very weird.

The case of CBS is little more typical. The company has three active domains in .cbs — one just a redirect to a privacy policy — and none in .showtime. It’s a case of not knowing what to do with the TLDs.

The Ferrero case is similar — the domains were not used and the company doesn’t want them any more.

I’ll give the chocolatier honesty points for the message on both nic. sites, which basically admits they were defensive registrations: “This domain is registered and protected by BARBERO & Associates Ltd”.

As both of these strings are non-English dictionary words, they could come up for grabs in the next round. “Kinder” is German for “children”, so it’s not impossible someone might want it as kid-focused generic.

Huge telco dumps gTLDs after rebrand

e&, a major telecoms company in the Middle East, has told ICANN to scrap its two dot-brand gTLDs following a partial corporate rebrand last year.

The Abu Dhabi-based company, which operates in 16 countries and has turnover of over $7 billion, said it no longer wishes to operate .etisalat and its Arabic equivalent, اتصالات. (.xn--mgbaakc7dvf). It’s never used the domains.

The company last year said it was rebranding as e&, the ampersand perhaps demonstrating that its marketing folk have little interest in intuitive domain names. “Etisalat by e&” is still used in some territories.

The firm uses eand.com as its primary web site domain.

As dot-brands with no domains and no customers, ICANN will quietly drop them from the root in due course.

No $8 million discount for dot-brands, says ICANN

ICANN has rejected a request for a 80% discount on registry fees paid by dot-brand gTLD operators.

The Brand Registry Group had asked ICANN in May for a reduction in the annual fixed fee from $25,000 to $5,000, largely on the basis that they have essentially no abuse and require very little Compliance oversight.

But interim CEO Sally Costerton has now responded to “respectfully decline” the request, which would have wiped out about $8 million of ICANN’s annual budget, about 5% of its total revenue.

“The cost to support New gTLDs is not merely based on the number of domains under management or the level of abuse. Regardless of the size of the TLD, registry operators must still comply with the Registry Agreement and associated policies, and ICANN must monitor that compliance,” Costerton wrote.

Dot-brands already have lower fees because they uniformly don’t pass the 50,000 domains limit at which transactional fees kick in, she said.

There are mechanisms in the Base Registry Agreement that all amendments to be made, she said.

Three more dot-brands realize the futility of existence

A big bank and a big retailer have ditched their dot-brand gTLDs.

Northwestern Mutual has told ICANN it no longer wishes to operate .mutual and .northwesternmutual, while iconic jewelry store operator Tiffany said it doesn’t want .tiffany any more.

Neither gTLD has been used. The Northwestern registry pages contain a notice, apparently from 2017, about how it expected to publish launch plans “over the coming months”.

Northwestern’s gTLDs are on GoDaddy’s back-end. Tiffany is on Verisign. All three were managed by Fairwinds Partners.

.food registry to dump four dot-brand gTLDs

A company controlled by Warner Bros Discovery is dumping four of its dot-brand gTLDs, but keeping hold of .food, which it has been sitting on, unused for the better part of eight years.

Lifestyle Domain Holdings has asked ICANN to terminate its registry contracts for .foodnetwork, .travelchannel, .hgtv and .cookingnetwork, which are four of its US cable TV channels.

Unusually, the termination notice contains a bit of color explaining its decision:

Despite efforts over the years to develop a marketing strategy for deployment of these assets, the company has determined there is not a current use for them and therefore requests early termination of the ICANN Registry Agreements and to wind down these assets

The gTLDs have never been used, something that can also be said for the remainder of Lifestyle’s original portfolio of 11 gTLDs.

The registry was originally owned by Scripps Networks, but following a series of M&A since last year it’s been majority owned by media giant Warner Bros Discovery.

It also has current contracts for .food, .diy, .cityeats, .living, .frontdoor, .lifestyle, and the mysterious .vana (presumably a brand that Scripps was planning to launch in 2012 that never materialized).

The registry’s back-end was Verisign and its new gTLD consultant was Jennifer Wolfe.

Ferrari survives carmaker’s dot-brand bloodbath

Fiat Chrysler is to kill off five of its six dot-brand gTLDs, which it has never used.

The company has told ICANN it no longer wishes to operate .abarth, .alfaromeo, .fiat, .maserati, and .lancia, four of its car brands.

Weirdly, .ferrari, which has also never been used, is not subject to a termination notice. Perhaps the company has plans for it.

The gTLDs were all managed by CSC on the Identity Digital (Afilias) back-end.

The news comes about a year after Volkswagen killed off some of its gTLDs. Audi and Seat are some of the most enthusiastic users of dot-brands.

ICANN loses another dot-brand, this one in use

Linde, a German chemicals company, has asked ICANN to terminate its gTLD registry contract.

Unusually, the dot-brand was actually in use, with many .linde domains still in its zone file, many of which were indexed by search engines.

It seems the company was using two-letter country-specific domains such as cz.linde and feature-oriented names such as socialmedia.linde to redirect to pages on linde.com or even the godawful the-linde-group.com.

But whatever Linde was trying, it didn’t live up to expectations, so .linde is set to be added to the funeral pyre of 100+ dead dot-brands.

Macy’s scraps .macys gTLD

US retailer Macy’s has dumped its dot-brand gTLD .macys.

The company told ICANN recently that it no longer wishes to hold a registry contract, noting that it never used the gTLD.

ICANN last week agreed that as a dot-brand with no third-party users, the domain will not be redelegated to another registry.

It’s the seventh gTLD to scrap its contract this year, lower than ICANN’s budget estimates.