Islamic states to “officially object” to .islam

The Organization for Islamic Cooperation has decided to “file an official objection to the use of gTLDs .Islam and .Halal”, following a summit of 56 foreign ministers.
In a resolution (pdf) from the OIC’s high-level summit in Guinea this week, the organization also said it will become “an effective member” of ICANN, closely monitoring its work.
As previously reported, ICANN’s Governmental Advisory Committee was unable to reach a consensus to object to .islam and .halal, leaving it to ICANN’s board of directors to decide whether to approve them.
The OIC’s resolution is expected to become an important input to that decision-making process, after GAC chair Heather Dryden asked ICANN to take note of the Guinea meeting’s output.
The resolution also calls for the OIC to investigate how to run its own Islamic gTLDs.
The OIC has of course missed the boat by several months if it wants to file an objection to these gTLDs within the rules of the new gTLD program.
Instead, it’s going to have to hope that its entreaties to the ICANN board will be effective.

TMCH extends Trademark Claims indefinitely, kinda

The Trademark Clearinghouse is to give the intellectual property lobby something that it’s been crying out for for years — an indefinite extension of parts of the Trademark Claims service.
And it’s going to be free.
Trademark Claims is a mandatory service for all new gTLD operators, sending pre-registration warnings to registrants and post-registration alerts to mark owners whenever a domain matching a trademark is registered.
But it only runs for 90 days, per the ICANN new gTLD contracts, which TMCH project director Jan Corstens said is IP owners’ “number one complaint” about the system.
So the TMCH is going to extend the post-registration alerts half of the service indefinitely.
When the first new gTLDs officially end their Claims periods next year, the TMCH will continue to send out alerts to mark owners (or, in 90% of cases, their registrar “agents”) when matching domains are registered.
Would-be registrants will only receive their pre-registration warnings for the original 90-day period.
Corstens said that the pre-registration side of Claims would only be possible with the cooperation of registries and registrars, and that there’s a lot of reluctance to help out.
“A lot of them are not really interested in doing that,” he said. “I understand it takes work, and I understand they think it could demotivate potential registrants.”
Trademark owners that have directly registered with the Clearinghouse, rather than going through an agent, will get the extended service for no added charge.
However, Corstens made it clear that the TMCH is not trying to compete with registrars — such as MarkMonitor and Melbourne IT — that already offer zone file monitoring services to trademark owners.
“We know the market exists,” he said. “It’s not our intention to become a monopoly. We will deliver it to them, of course, and assume they can integrate with it.”
Agents will be able to plug the service into their existing products if they wish, he said.
There are a few initial limitations with the new TMCH service such that its registrar agents may not find it particularly labor-saving.
First, only domains that exactly match labels in the Clearinghouse will generate alerts.
By contrast, brand-monitoring registrars typically generate alerts when the trademark is a substring of the domain. To carry on doing this they’ll need to carry on monitoring zone files anyway.
Second, the TMCH service only currently covers new gTLDs applied for in the 2012 round. It doesn’t cover .com, for example, or any other legacy gTLD.
Corstens said both of these limitations may be addressed in future releases. The first Trademark Claims period isn’t due to end until March, so there’s time to make changes, he said.
He added that he hopes the extension of Claims will lead to an uptick in the the number of trademarks being registered in the TMCH. Currently there are about 20,000.

GAC kills off two more new gTLD bids

A new gTLD applicant has withdrawn two of its Chinese-language applications after failing to secure the necessary government support.
Guangzhou YU Wei Information Technology Co withdrew its applications for .深圳 (.shenzhen) and .广州 (.guangzhou).
Both are the names of very large cities in southern China.
The ICANN Governmental Advisory Committee had previously issued official Advice against both bids.
The applicant had failed to get a passing score on its Initial Evaluation earlier this year, with ICANN ruling that governmental “support or non-objection was either not provided or did not meet the criteria”.
To get a geographic gTLD, you need to prove local government support, something which the applicant seems to have been unable to provide during Extended Evaluation.
Weirdly, Guangzhou YU Wei has previously passed EE for .佛山 (.foshan) and IE for .广东 (.guangdong), which are both also Chinese geographic names.

German geo .ruhr enters the root

Verisign today delegated the new gTLD .ruhr to the DNS root zone, making it the 35th new gTLD to go live.
It’s a geographic string, meant for residents of the north-west German region of Ruhr, operated by Regiodot.
nic.ruhr is already resolving.
Regiodot is already taking pre-registrations via approximately 10 signed-up registrars, which all appear to operate in German-speaking countries.
The Ruhr (in German, it’s short for Ruhrgebiet) has over eight million inhabitants, according to Wikipedia, making the potential market for .ruhr larger than many European ccTLDs.

ICANN will have to make a call on .islam

ICANN is going to have to decide whether to approve the new gTLDs .islam and .halal, after the Governmental Advisory Committee punted the issue.
GAC chair Heather Dryden told ICANN chair Steve Crocker last week (pdf) that the GAC will not provide ICANN with the clarity it so wanted on the two controversial gTLDs.
“[T]he GAC concluded its discussions on these applications with the advice provided in the Beijing Communiqué,” Dryden said. “Accordingly, no further GAC input on this matter can be expected.”
ICANN is therefore left with the following advice:

The GAC recognizes that Religious terms are sensitive issues. Some GAC members have raised sensitivities on the applications that relate to Islamic terms, specifically .islam and .halal. The GAC members concerned have noted that the applications for .islam and .halal lack community involvement and support. It is the view of these GAC members that these applications should not proceed.

My take on this is that the GAC has provided what is often called a “non-consensus” objection, which I believe triggers one of the vaguest parts of the Applicant Guidebook.
One of the three types of GAC Advice on New gTLDs reads:

The GAC advises ICANN that there are concerns about a particular application “dot-example.” The ICANN Board is expected to enter into dialogue with the GAC to understand the scope of concerns. The ICANN Board is also expected to provide a rationale for its decision.

It seems pretty obvious now that ICANN’s board — nowadays its New gTLD Program Committee — is expected to make a decision whether to accept or reject .islam and .halal.
It would be the first time that ICANN has had to decide whether to reject a gTLD for public policy reasons without the full backing of the GAC in this application round.
It faced a similar conundrum in the 2003 round — albeit using different rules of engagement — when it had to decide the fate of .xxx (which it obviously chose to approve).
The applicant for .islam and .halal is Turkey-based Asia Green IT System.
The Organization for Islamic Cooperation, which claims to represent 1.6 billion Muslims, does not support the bids. It backed two formal Community Objections to the applications, which both failed.
The OIC’s Council of Ministers is meeting this week in Conakry, Guinea, and is expected to come out with some kind of formal statement opposing Islamic-oriented gTLDs that lack support.
The strength of that statement may prove decisive when ICANN comes to consider the issue.

Jetpack Domains hit with ICANN breach notice

A small Californian registrar has been sent a contract breach notice by ICANN.
ICANN says Irvine-based Jetpack Domains has failed to comply with a scheduled audit, breaking the terms of the Registrar Accreditation Agreement that require it to supply records on demand.
The company has until January 2 to provide ICANN with the data it has asked for or risk losing its accreditation, ICANN said (pdf).
Jetpack, which had fewer than 6,000 gTLD domains under management at the last count, appears to use DomainCocoon for registrar management services.

Oh no! Cement company withdraws dot-brand bid

FLSmidth, a Danish cement company, has withdrawn its application for the new gTLD .fls.
It’s the first dot-brand to be withdrawn from the program in months.
FLSmidth had passed Initial Evaluation and was not facing any objections or Governmental Advisory Committee advice, so it’s not immediately clear why the company decided to pull out.
The company recently reported a fall in profitability, so perhaps it’s just trying to cut costs by eliminating superfluous expenses.

TLDH ditches .roma bid after GAC trouble

Top Level Domain Holdings has withdrawn its bid for the .roma gTLD, after apparently running afoul of the Italian government.
The gTLD was to represent the city of Rome, but Italy issued the company with an Early Warning (pdf) a year ago saying the company had “No involvement or support from the local authorities” and should withdraw.
TLDH disputed this, saying in November 2012:

In fact the Company had engaged extensively with the relevant local authority and will provide supporting documentation to the Italian GAC member. Once this evidence has been submitted, the Directors believe that the objection will be withdrawn.

The warning did not escalate to full-blown Governmental Advisory Committee advice, but .roma nevertheless failed Initial Evaluation (pdf) due to the lack of documented government support with its application.
The bid was eligible for Extended Evaluation, but it seems that TLDH was unable to get the required level of support or non-objection from Italy to allow the bid to pass.
It’s the second of TLDH’s applications to get killed off by a GAC member. It withdrew its non-geo application for .spa as soon as Belgium started making noises about its own city of Spa.
The company also ditched plans to apply for .mumbai in 2011 due to confusion about whether the city’s government actually supported it or not.

Donuts’ portfolio swells as ICANN signs 31 new gTLD contracts

ICANN signed 31 new gTLD Registry Agreements yesterday, 24 of which were with Donuts subsidiaries.
Back-end registry provider Neustar was among a handful of companies signing RAs for their dot-brands too.
Donuts signed contracts for: .haus, .properties, .maison, .productions, .parts, .cruises, .foundation, .industries, .vacations, .consulting, .report, .villas, .condos, .cards, .vision, .dating, .catering, .cleaning, .community, .rentals, .partners, .events, .flights and .exposed.
Top Level Design signed for .ink, which is expected to compete with Uniregistry’s already-delegated .tattoo.
XYZ.com signed for its uber-generic budget offering .xyz.
BusinessRalliart is now contracted for its Japanese geo .okinawa.
IRI Domain Management, affiliated with the Mormon church, got its .mormon RA, for what is expected to be a “highly restricted” religious namespace.
KRG Department of Information Technology got .krd, which it wants to use to serve the Kurdish people and Kurdistan region of Iraq.
Finally, Italian management consultancy Praxi got its dot-brand .praxi.

Small Kiwi registrar loses accreditation

ICANN has terminated the registrar accreditation of Pacnames, a small New Zealand registrar.
The roughly 10,000 domain names the company had under management will now be transferred to Net-Chinese, a Taiwanese registrar that is not much bigger as measured by DUM.
The termination was voluntary, according to ICANN, but it follows the suspension of Pacnames’ accreditation in October.
ICANN had held the company in breach of its Registrar Accreditation Agreement for failing to provide records about 25 domain names upon request.
The story told in the October breach notice (pdf) makes it sound like Pacnames had refused to provide the data because it was “burdensome” and too much like an “audit”.
Pacnames’ customers, if there are any, should now receive emails from Net-Chinese informing them about the transfer. Which, let’s face it, are definitely going to look dodgy.