Full TMCH database published by registry?

DotBerlin seems to have published the full list of trademarks and other strings protected by the Trademark Clearinghouse.
The list, published openly on nic.berlin as the .berlin new gTLD went through its sunrise period, contains 49,989 .berlin domain names that the registry says are protected.
Neither the TMCH nor DotBerlin have yet responded to a request for comment, so I can’t be 100% certain it’s the TMCH list, but it certainly appears to be. You can judge for yourself here (pdf).
UPDATE: DotBerlin told DI that it is “not the full list but part of a registry-reserved names list” that was published “accidentally” and has now been removed from its web site.
The DotBerlin web site calls the list “MarkenSchutzEngel-Domains” which I believe translates to something like “Trademark Guardian Angel Domains”.
While the TMCH says it has 26,802 listed marks, the document published by DotBerlin seems to also include thousands of strings that are protected under the “Trademark +50” rule.
That allows companies that have won UDRP complaints to have those domains’ second-level strings added to their TMCH records. I see plenty of UDRP’d domains on this list.
The list also seems to include hundreds, possibly thousands, of variant strings that put hyphens between different words. For example, Santander appears to have registered:

a-bank-for-your-ideas
a-bank-for-yourideas
a-bank-foryour-ideas
a-bank-foryourideas
a-bankfor-your-ideas
a-bankfor-yourideas
a-bankforyour-ideas
a-bankforyourideas

I spotted dozens of examples of this, which is permitted under ICANN’s TMCH rules.
There are 2,462 internationalized domain names on the list.
I gather that the full TMCH list today is over 50,000 strings, a little larger than the DotBerlin document.
I took the liberty of comparing the list to a dictionary of 110,000 English words and found 1,941 matches. Strings such as “fish”, “vision”, “open”, “jump” and “mothers” are all protected.
A listing in the TMCH means you get the right to buy a domain matching your mark during new gTLD sunrise periods. Anyone else trying to register a matching name will also generate a Trademark Claims notice.
According to some registries I’ve spoken to today, the TMCH forbids the publication of the full database under the contract that all new gTLD registries must sign.
I’ve no idea whether the publication of a list of .berlin names means that DotBerlin broke its contract.
While the TMCH rules were being developed, trademark owners were adamant that the full database should not be published and should not be easily reverse engineered.
They were worried that to publish the list would reveal their trademark enforcement strategies, which may leave them open to abuse.
(Hat tip to Bart Mortelmans of bNamed.net for the link.)

Belgians do want a piece of Donuts’ new gTLD action

The Belgian government is blocking approval of Donuts’ bid for the new gTLD .spa until the company agrees to hand over up to 25% of its .spa profits to the community of the city of Spa.
It emerged in a letter from Spa published by ICANN this weekend that the city is also demanding a role in managing the TLD at the registry operator’s expense.
The gTLD has been applied for by Donuts and the Asia Spa and Wellness Promotion Council.
Not only does the string .spa match the name of the city, but also the English dictionary word “spa” is actually named after Spa, which has been known for centuries for its “healing” springs.
Despite this, Spa is not a capital city — it has roughly 10,000 inhabitants — so it does not qualify as a protected geographic string under the rules of ICANN’s new gTLD program.
Spa nevertheless wants a role in the TLD’s management, in order to protect the interests of itself and its local community, and wants some of the profits to benefit its local businesses.
According to the letter (pdf) from Spa outside attorney Phillippe Laurent, ASWPC has already signed a memorandum of understanding with the city. That MoU, published with the letter, states:

The turnover generated by the exploitation of the .SPA registry will be used in priority to defray reasonable out-of-pocket expenses incurred by the City as a result of its participation in the SPARC or any other of its activity related to the management and governance of the .SPA extension.
Additionally, 25% of the net profit generated by the domain names registered in the .SPA registry by any Belgian, Dutch, Luxembourgish, French or German person or entity will be earmarks to be contributed towards Internet and spa & wellness activities development in and for the City of Spa and its region, especially as related to the scope of the “.SPA” TLD, to be directed by the City of Spa.

The deal would also see ASWPC reserve 200 .spa domain names (included potential premiums such as poker.spa and golf.spa) for the city to do with as it pleases.
Donuts has refused to sign the MoU, saying it’s inconsistent with the Applicant Guidebook and sets a “bad precedent”. Spa has therefore refused to endorse its application.
The city has its national government on its side. In the April 2013 Beijing communique of the ICANN Governmental Advisory Committee, the GAC listed .spa as one of several bids needing “further consideration”.
This was reiterated in its Durban and Buenos communiques, with the GAC noting that “discussions” between “relevant parties” were “ongoing”.
Essentially, the GAC is delaying .spa from approval while Spa tries to get Donuts to agree to hand over part of its of .spa profits.
There was a somewhat testy exchange at the Buenos Aires meeting in November, after an ICANN director asked the GAC if it was appropriate for a governmental entity to try to get a financial benefit from an applicant.
The Belgian GAC representative responded later that “no money will flow to the city of Spa”, conceding that “a very small part of the profits of the registry will go to the community served by .spa”.
That now seems to be not entirely accurate.
The MoU sees Spa getting reimbursed for its self-imposed cost of inserting itself into the management of the registry, so some money will flow to it. But it will presumably be revenue-neutral to the city.
The issue of the 25% profit cut is a bit ambiguous though.
While the money would not flow directly into city coffers, the city would get the ability to direct how it was spent. Presumably, it could be spent on projects that Spa locals would otherwise look to the city to pay for.
With Donuts and Spa apparently at an impasse, ICANN recently told the GAC that it won’t sign contracts with either applicant, yet, but that it wants “a timeline for final consideration of the string”.
It also wants the GAC to “identify the ‘interested parties’ noted in the GAC advice.”
With Laurent’s letter and the MoU seemingly spelling out exactly what Spa wants and why, perhaps ICANN can move the issue closer to resolution at the Singapore meeting next week.
Is it a shakedown? Is it appropriate behavior for the GAC to hold an application hostage while it tries to obtain financial benefit for its local businesses? Or is Donuts unreasonably trying to exploit a city’s centuries-old cultural heritage for its own economic gain?

Rockefeller slams .sucks as “predatory shakedown”

US Senator Jay Rockefeller today came out swinging against the proposed .sucks new gTLD, saying it looks like little more than a “predatory shakedown” by applicants.
In a letter to ICANN (pdf), Rockefeller has particular concern about Vox Populi, the .sucks applicant owned by Canadian group Momentous.
As we’ve previously reported, Vox Populi plans to charge trademark owners $25,000 a year for defensive registrations and has already started taking pre-registrations even though .sucks is still in contention.
Rockefeller told ICANN:

I view it as little more than a predatory shakedown scheme… A gTLD like “sucks” has little or no socially redeeming value and it reinforces many people’s fears that the purpose of the gTLD expansion is to enrich the domain name industry rather than benefit the broader community of internet users.

Unusually, I find myself in agreement with Rockefeller, who chairs the Senate’s Commerce, Science and Transportation Committee — Vox Populi’s plan does bring the domain industry into disrepute.
But it’s not the only applicant for .sucks. Top Level Spectrum and Donuts have also applied for the string.
While neither has revealed their proposed pricing, in Donuts’ case a blocking registration via its Domain Protected Marks List service will cost substantially less on a per-domain basis.
Rockefeller asks that ICANN keep his thoughts in mind when reviewing the application, and I’m sure ICANN will pay lip service to his concerns in response, but I don’t think the letter will have much impact.
A bigger question might be: does Rockefeller’s letter foreshadow more Congressional hearings into the new gTLD program?
The last one, which Rockefeller chaired (for about five minutes, before he buggered off to do more important stuff) was in December 2011, and they have tended to happen every couple of years.
Such a hearing would come at an inopportune moment for ICANN, which is trying to distance itself from the perception of US oversight in light of the Edward Snowden spying revelations.
It’s been setting up offices all over the world and championing the forthcoming NetMundial internet governance meeting, which is happening in Brazil next month.

Donuts’ “eco” debacle affected two-character domains too

Donuts has clawed back a couple dozen premium domain names from their erstwhile owners after accidentally selling names that were supposed to be restricted.
The second-level strings “eco” and “00” were inadvertently released for sale in Donuts’ new gTLDs, even though they’re on ICANN’s lists of names that must not be registered.
After noticing its error, the company started deleting the affected domains, notifying registrants that they would be receiving a refund.
Mike Berkens of The Domains reported that he had lost eco.domains. One of his readers claimed he’d already rebranded his whole company around eco.gallery, costing him dearly.
The domains were deleted because they’re on one of the several lists of reserved names attached to Donuts’ ICANN contracts.
ECO is the acronym for the Economic Cooperation Organization, which is on a temporary list of reservations related to international governmental organizations.
00 is an ASCII two-character label that is supposed to be reserved under a measure designed to prevent clashes with existing and future ccTLDs. The rule also captures numeric strings for some reason.
Donuts said in a statement:

We understand the confusion regarding certain second level registrations. Donuts inadvertently made two strings — “eco” and “00” — available for registration due to a registry error and is sorry for the inconvenience.
We WISH we could sell these names, and frustrating as it may be, these strings are on at least two lists of ICANN-prohibited registrations, so we were obligated to take this step in order for Donuts, registrars and registrants to be in compliance with ICANN requirements.

The IGO acronyms rule is extremely controversial.
It was demanded by ICANN’s Governmental Advisory Committee following requests from IGOs, which generally do not enjoy trademark protection and would be unable to use new gTLD rights protection mechanisms.
But the Generic Names Supporting Organization, representing a more diverse range of interests, came to a unanimous consensus that only the names — not the acronyms — of IGOs should be reserved.
Acronyms of course have multiple uses, as the ECO case amply illustrates. ECO the organization doesn’t even own “eco” in any legacy TLD, operating its web site at ecosecretariat.org.

Will .exposed see a big sunrise?

Donuts’ new gTLD .exposed goes into sunrise today, but will it put the fear into trademark owners?
It’s arguably the first “ransom” TLD to go live in the current round and the first since .xxx, which scared mark holders into blocking over 80,000 domains back in late 2011.
Most new gTLD sunrise periods to date — most of which have been focused on vertical niches — have had sunrise registrations measured in tens or hundreds rather than thousands.
But .exposed, I would say, is in the same free speech zone as yet-to-launch .sucks and .gripe, which lend themselves well to having a company, product or personal name at the second level.
Brand protection registrars are encouraging their clients to pay special attention to this type of gTLD.
Will this cause a spike in sunrise sales for Donuts over the next 60 days?
It might be difficult to tell, given that Donuts also offers brand owners a blocking mechanism via the Domain Protected Marks List service, so the domains don’t show up in the zone files.
But DPML blocks can be overturned by others with matching trademarks, so some trademark owners may decide to register the name instead for an overabundance of caution.

Google giving away 5,000 free new gTLD domains

Google is giving away free .みんな domains.
According to a company spokesperson, the first 5,000 people to submit a .みんな web site idea via a campaign web site will receive a coupon for a free one-year registration in the new namespace.
The offer expires April 5.
The regular retail price at registrars appears to be about $13 a year.
.みんな means “everyone” in Japanese and is apparently pronounced “.minna”. It’s the second IDN gTLD to go to general availability so far, and currently has roughly 2,500 registered names.
The web site appears to show examples of domains that are being registered under the program, as well as commentary from something called Google+, which appears to be some kind of social network.

Twitter starts supporting (some) new gTLDs

Twitter has started recognizing new gTLDs on its web page and on Tweetdeck.
As of some point in the last 48 hours, you can type something like “nic.berlin” or “fire.plumbing” in a tweet and Twitter will automatically turn it into a clickable link.
The switcheroo seems to have happened in the last two days, as this conversation may illustrate.
But there seems to be some delay — about a month, by my reckoning — in the support.
Domains such as nic.sexy, which is in a TLD delegated November 14, become clickable, but domains in more recent delegations such as .okinawa, which hit the root on Wednesday, are not.
Going back through the DI PRO Calendar, it seems that any TLD delegated on February 5 or earlier gets clickable links in Twitter and those delegated over the last four weeks do not.
I’m not sure why TLDs delegated in the last month are not supported, but I imagine it could be an annoyance during registries’ pre-launch marketing.
It’s difficult to overestimate how important application support is for the new gTLD program.
If new gTLDs don’t look like web addresses, there’s going to be a big barrier to adoption. A .link domain that isn’t clickable isn’t much use and nobody wants to have to copy-paste URLs.
Support for new gTLDs for Twitter’s 232 million active users is a big step along the road to universal acceptance of all TLDs, which ICANN has identified as a problem.

Go Daddy risking Oscars wrath with .buzz premium domains?

The new gTLD registry Dot Strategy included many famous brands on its list of premium .buzz names, including two that could get its partner, Go Daddy-owned Afternic, in hot water.
Until a couple of hours ago, nic.buzz carried what appeared to be thousands of premium listings, organized by category and carrying prices of $1,000 and up, some of which seemed to target brands.
The names of several sports teams, such as 49ers.buzz and blackhawks.buzz, were listed for sale in the sports category (hat tip: Valideus‘ Brian Beckham).
I also spotted listings for domains such as photoshop.buzz (an Adobe software brand) in the technology category and hobbit.buzz (believe it or not, “Hobbit” is a trademark) in an entertainment category.
But the ones that really caught my attention were academyaward.buzz and academyawards.buzz, which carried prices of $1,900 each.

That’s surprising because if you try to buy these domains you’ll be instructed to contact Afternic, which is handling the premium process. And as of September, Go Daddy owns Afternic.
The Academy of Motion Picture Arts and Sciences, which hands out the Oscars and owns “Academy Award” and “Academy Awards” trademarks, has been locked in litigation with Go Daddy for the last four years.
The Academy claims that Go Daddy is cybersquatting due to its practice of making money parking its customers’ domains, including domains containing Academy trademarks such as academyawardz.com.
Most recently, Go Daddy tried to get the appointed judge in the case kicked out, alleging that she’s in the Academy’s pocket.
While the lawsuit is certainly controversial, attempting to sell $3,800 worth of domain names matching the Academy’s marks probably wouldn’t help Go Daddy look less cybersquatty to its opponent.
It could be argued that many of the premium names that match brands are also generic — Black Hawks could be helicopters and I’m sure there are plenty of academies in the world that hand out awards.
A legitimate registrant could buy many of these trademark-matching listed names and fight off a UDRP, I reckon.
But when somebody lists the name for sale in a category appropriate to the class of trademark, I’d say that makes the name look a lot less generic.
Bieber is a surname presumably shared by many people, but when you list bieber.buzz for sale in a category related to entertainment it can only really refer to one person.
Somebody yanked the premium listings section from the nic.buzz web site after I requested comments from Dot Strategy and Go Daddy a few hours ago. This post will be updated should I receive said comments.
.buzz is currently in its sunrise period and is due to go to general availability in mid-April. As I’ve said before, it’s one of my favorite new gTLD strings and I wouldn’t be surprised if sells quite well.
UPDATE: Go Daddy said: “Afternic is working with dotStrategy, Co. (the .BUZZ registry) to review the list and revise as appropriate.”

Google’s first new gTLD racks up 2,300 domains

Google’s Charleston Road Registry reached 2,300 .みんな domain names on the new gTLD’s first day of general availability, immediately making it the biggest IDN gTLD by volume so far.
The string is Japanese for “everyone”. As you might expect, it’s an unrestricted space.
About 230 names — 10% of the TLD — are non-IDNs. I believe the number also includes some sunrise registrations.
It actually went into GA on Tuesday, but data was not available yesterday.
While it’s not in the same ballpark as the likes of .guru, it nevertheless overtook the only other IDN gTLD to launch so far, dotShabaka’s شبكة. (Arabic for “web”), which has 1,643 names.
Google sold the names via 17 accredited registrars, only one of which appears to be Japanese. The list excludes most of the biggest registrars.
.みんな is unusual in that Google intends to run its Trademark Claims service forever, rather than turning it off after the 90 days required by its Registry Agreement with ICANN.

New gTLDs pass 200,000 registrations

The number of domain names in new gTLDs passed 200,000 last night, according to zone files.
The exact number, according to the DI PRO database, is 201,184.
It’s based on incremental organic growth over the last week since the last batch of new gTLDs went into general availability, rather than any big launch events or surges.
Here are the top 10 zones, all of which belong to Donuts.
[table id=28/]
What the 200,000 count does not reflect is the first day of general availability for Google’s first-to-launch gTLD, .みんな (Japanese for “everyone”), which I’m expecting to start showing numbers tomorrow.
In related news, the DI PRO new gTLD zone file league table service (here) was upgraded today to make it a bit more useful during periods of patchy data availability.
The service will now show all delegated new gTLDs that have started publishing zone files, along with the most-recent domain counts, on days when the file was for whatever reason not available.