TMCH sees cybersquatting in 1&1’s pre-reg requests

Would-be cybersquatters have pre-registered new gTLD domains matching many famous brands, according to the Trademark Clearinghouse.
According to a bit of TMCH PR fluff coming out tomorrow, there are pre-registrations in .web for 40 out of the 50 most-valuable British brands.
I gather that the data came from 1&1, the most aggressive registrar in its pursuit of new gTLD leads, which has reported over three million pre-regs.
In what appears to be outreach to drum up additional trademark registrations, the TMCH said:

According to the Trademark Clearinghouse’s data, unknown entities have already pre-reserved their interest in registering the domain names of 80 per cent of the UK’s 50 most valuable under the .WEB domain name. Similarly, third parties have attempted to pre-order 78 per cent of the UK’s top 50 most valuable brands under the .ONLINE domain name, 72 per cent under .APP, 70 per cent under .SHOP and 68 per cent under .BLOG.

It doesn’t seem to be a problem peculiar to new gTLDs, however. The TMCH also said that 54% of these brands have holes in their defensive registration portfolio across existing TLDs such as .biz, .net and .co.
There were roughly 23,000 marks in the TMCH database as of January 21.
UPDATE: 1&1 has asked me to clarify that the company took no part in this research. TMCH says it obtained the numbers through searches on the 1&1 web site.

Track new gTLD growth on DI PRO

DI PRO subscribers from today can track daily changes in new gTLD registration volumes.
The New gTLD Zone File Report is a simple, sortable table showing how each new gTLD has performed over the last 24 hours.
It’s the database I’ve been using for DI’s analysis of Donuts’ landrush numbers over the last week, but I’ve received a few requests to make the data available in a more structured way.

The data is also being incorporated into the next TLD Health Check update too, enabling longer-term views and interactive charts. More on that in due course.
DI PRO subscribers also receive access to the New gTLD Application Tracker, a calendar of crucial new gTLD launch dates, the New gTLD Collisions Database and many more useful services.

Yes, there is cybersquatting in new gTLDs

With new TLDs, comes cybersquatting. It’s inevitable. And it’s also true of the new gTLDs that hit general availability this week.
The question of what is or is not cybersquatting is best left to a judge or UDRP panel, of course, but I’ve already come across plenty of newly registered domains that I do not believe would pass the UDRP test.
Sifting through select Whois records of domains that were registered in Donuts’ first seven gTLDs over the last few days, and without leaving the A’s, I’ve found the likes of: adidas.clothing, americanapparel.clothing, akamai.guru, americanexpress.guru. appleservice.guru and accenture.ventures.
Delving a little deeper into .clothing, I see the likes of kanyewest.clothing, ralphlauren.clothing, kardashiankollection.clothing, lauraashley.clothin, michaeljordan.clothing and more.
One Los Angeles clothing store appears to have registered several .clothing domains matching brands it does not own, possibly unaware that such behavior is frowned upon.
While there could be legitimate uses of the names I’ve highlighted here, possibly, they all appear to me to be registered to people unaffiliated with the referenced brands or celebrities.
I found more that are registered behind Whois privacy services, where it’s not possible to tell whether the domain belongs to the brand or not. Domains such as ibm.guru and ibm.ventures use Whois privacy, yet resolve to the IBM web site.
Cases of obvious UDRP losses seem to be few and far between, however. The vast majority of domains registered in these new gTLDs this week seem to be straightforward generic terms.
While I’m using the UDRP sniff test to highlight domains I feel may be cybersquatting, there’s a new process in town when it comes to disputes: the faster, cheaper Uniform Rapid Suspension policy.
URS has a higher burden of proof — “clear and convincing evidence” of bad faith registration and use — and it’s not yet clear how panelists will handle these cases.
There’s only been one URS case to date, that of facebok.pw, in which the domain was suspended following a complaint by Facebook.
In that case, Facebook was able to show bad faith by presenting the panelist with a list of other typo domains the respondent had registered.

First eight gTLDs have 26,000 names so far

Well, we now have a new gTLD domain name market.
After n years of debate, policy-making, delay, application, testing, delegation and newfangled launch processes, there are eight new gTLDs that are open for business.
Donuts yesterday opened up its first seven gTLDs to their ‘proper’ general availability — by which I mean landrush pricing is no longer applicable.
At more or less the same time its second seven — .lighting, .equipment, .graphics, .photography, .camera, .estate, and .gallery exited their sunrise periods and went into their Early Access Program.
Meanwhile, dotShabaka Registry’s شبكة. (“.web” in Arabic) came out of its more opaque landrush period with several hundred new registrations.
Together, these 15 gTLDs have 26,199 registrations so far, based on the names active in their zone files today. The eight fully live gTLDs have 25,575, almost half of which belong to Donuts’ .guru.
[table id=25 /]
The zone files are generated at about 0100 UTC and therefore do not represent the full first day of Donuts newly-GA gTLDs, but it’s clear that .guru is the domainer’s favorite so far.
The numbers are a long way off pretty much every new TLD launch we’ve seen to date.
Compare to .mobi, which had over 110,000 names at the end of its first week; .co, which sold 216,159 in its first 16 hours; or .xxx, which sold 55,367 names on day one.
Even Radix said it sold 4,000 .pw names in its first three hours and 50,000 in the first three weeks.
It should also be pointed out that none of the Donuts gTLD numbers include purchases of Domain Protected Marks List blocks, which do not show up in zone files.
That fact eliminates much of the noise from defensive registrations that we see in almost every other TLD.
For buyers (as opposed to blockers) market conditions are obviously different now too — a single TLD launching was once an event, the temporary alleviation of scarcity, whereas today Donuts alone expects to launch half a dozen every week for months.
And the Latin strings that have been launched so far don’t exactly capture the imagination, with .guru the possible exception.
Donuts’ portfolio, in my view, is based more on securing greenfield opportunities in vertical markets (plumbing, cameras, etc) rather than mining domain investors’ wallets on launch day.
One of the keys to the success of these things longer term is going to be how much use they get — when internet users start visiting new gTLD sites and seeing new gTLD URLs on billboards, momentum will build.

Donuts made about $750,000 from landrush so far

Donuts managed to sell well over $500,000 in new gTLD domain names over the first six days of its Early Access Program, according to our calculations.
Our estimate, which is somewhere between back-of-the-envelope and hard analysis, is based on the latest zone files for its first seven live gTLDs — .bike, .clothing, .guru, .ventures, .holdings, .plumbing and .singles.
The exact number I believe is somewhere closer to $750,000, but it’s actually quite difficult to pin down the exact value of domains sold to date due to the complexity of the Donuts pricing scheme.
Zone files show that as of last night Donuts had sold at least 3,650 names across all seven of its new gTLDs currently on the market.
That’s including sunrise sales and the first six days of the novel EAP, which saw buy-now prices decrease every day for a week, but not including its Domain Protected Marks List blocks.
My revenue estimates are for EAP only, ignoring sunrise.
Donuts’ EAP fee started off at $10,000 on January 30, then was reduced to $2,500, $950, $500 and $100 every day. It’s been at $100 for the last few days and will revert to baseline prices tomorrow at 1600 UTC.
So by figuring out the registration date you can figure out how much the name sold for, kinda.
Domain Name Wire managed to establish last week that the company sold six three domains at $10,000.
Based on a few hundred additional Whois look-ups, DI has found that the company sold at least 120 names during EAP at at least $500 each, at least 150 at at least $950, and at least 25 at at least $2,500.
That would bring the total haul for the first few days of EAP fees to about $300,000.
Add all this to roughly $200,000 worth of names that have appeared in the zone files since the fee dropped to $100, and we get to about $500,000 in total EAP fees, not including sunrise names.
Add in the baseline registry fees and you get to something like $550,000.
However, Donuts has also priced many attractive names at a “baseline” premium. That means when regular pricing commences tomorrow, premiums will still cost more than regular names in each TLD.
A registrant told us today that gun.guru will costs him about $400 a year to renew. That’s the baseline price. Judging by the date, he paid $950 in EAP fees and Go Daddy’s registrar markup too.
There’s no way to easily figure out what the premium pricing was after a domain has already been sold, which makes it difficult to calculate Donuts’ landrush windfall, but I believe it’s in the region of $750,000 so far, with a day yet to run.
It’s an estimate of the revenue from EAP’s first six days, only counting first-year fees.
It also requires the same caveats as usual: we’re using zone file data here, which does not present a full picture of the number of names sold.
If the pricing scheme seems confusing to you, you’re not alone.
There wasn’t a great deal of participation by registrars in the EAP, due to concerns about the high prices, implementation work, and complexity causing confusion among customers.

@DomainIncite Mostly because the pricing is confusing to customers. We'll roll them out in search along with other extensions on the 5th.

— Hover CS (@hoverCS) January 29, 2014

@DomainIncite The amount of customization required for the EAP & high cost does not make it feasible to market / implement.

— Lexsynergy Limited (@LexsynergyLtd) January 29, 2014

Several registrars seem to be treating tomorrow’s price drop as the “proper” general availability launch date for the seven gTLDs concerned.
Go Daddy, which has had new gTLDs in its storefront for the last couple months, seems to have got the majority of registrations, as you might expect. Almost a quarter of names appearing in zone files over two days last week were registered via its Domains By Proxy privacy service.
That said, its Super Bowl commercials on Sunday do not appear to have made a significant impact, focused as they were on branding Go Daddy rather than any TLD offering.

TLDH raises $33.6m to fight new gTLD auctions

Top Level Domain Holdings has raised £21 million with an institutional investor share placement to help it win some new gTLD contention set auctions.
Its total war chest following the $33.6 million-ish placement will be about $63 million, albeit with $15 million of that earmarked for a single, as-yet-unspecified auction.
The company is currently in 43 contention sets, most of which it apparently wants to resolve via private auction. TLDH said in a statement:

The Company believes private auctions provide a significant opportunity for the Company both to increase the number of high-value gTLDs within its portfolio and to generate cash from those gTLDs which it chooses to relinquish. Under the private auction process, the winning bid is divided equally and paid to the losing applicants net of the auctioneer’s fees.

As part of TLDH’s transition from a revenue-free penny stock to a trading company, it’s going to change its name to Minds + Machines Limited, via a reverse takeover of its subsidiary of the same name.
The company said the move will help with “stakeholder communications and branding”.
Finally, TLDH said that founding director Guy Elliott is to leave its board of directors and be replaced by new non-executive director Elliot Noss. Noss is of course CEO of rival registry/registrar Tucows.

First Donuts new gTLD sunrise periods looking tiny

It’s possible that fewer than 1,200 domain names were registered in Donuts’ first seven new gTLD sunrise periods, judging by the latest zone file data.
According to Donuts zone files dated January 31, just 1,164 proper domain names currently exist in .clothing, .bike, .guru, .ventures, .holdings, .singles and .plumbing.
By TLD, the names break down like this:

.clothing — 560
.holdings — 166
.bike — 146
.ventures — 125
.guru — 117
.singles — 50
.plumbing — 44.

As far as I can tell, based on sample Whois lookups, all the names were registered during the gTLDs’ respective sunrise periods, not during the currently ongoing Early Access Program.
On the face of it, these look like very small sunrise periods indeed (consider .co, which had 11,000 registrations during its sunrise in 2011) but there are number of important caveats here.
First, this data might be wrong. There have been hiccups and glitches in registry zone file provision for weeks, and this might be one of those cases. I don’t think it is, but you never know.
Second, the data might be still incomplete. Names were to be allocated after the conclusion of Donuts end-date sunrise, which was January 24. Not all of these domains might have been allocated yet.
Third, these numbers don’t reflect “dark” domains. These are domain names that are not configured with name servers and therefore won’t show up in DNS zone files.
Fourth, and most importantly, domain names that have been blocked by trademark holders under Donuts’ parallel Domain Protected Marks List service do not show up in zone files.
DPML is the Donuts offering to trademark owners that drastically reduces the cost of blocking a mark — potentially to just a few dollars per domain per year — across all of the company’s gTLDs.
We already know from a bit of Whois detective work by World Trademark Review that the likes of Microsoft, Apple, Wal-Mart and Samsung blocked their brands across all seven of these TLDs.
DPML is a bit of a bargain if you’re dead-set on blocking your brand in as many TLDs as possible, and it’s possible — maybe even likely — that the number of DPML subscriptions outstripped actual sunrise registrations.
It’s a given that most valuable brands are more interested in preventing misuse than they are in participating in the new gTLD expansions — Microsoft has no use for microsoft.plumbing.
Judging by the zone files, domains registered during sunrise are largely appropriate to the gTLD — .clothing and .bike are full of clothing and biking brands, with very little crossover between the two, for example.
But there are plenty of exceptions to that rule.
Some other stuff I noticed
I had a dig through the files and did a few Whois look-ups whenever I saw a name that piqued my interest.
There are no hugely obvious examples of widespread gaming to be seen but some arguably generic names did go to some domain industry folk who have inside knowledge of the new gTLD program.
Notably, several people associated with new gTLD applications managed by Beverly Hills IP lawyer Thomas Brackey of Freund & Brackey seem to have picked up nice-looking generic domains during sunrise.
Luxury Partners of .luxury managed to get its hands on domains including luxury.clothing, for example, while What Box?, which applied for six gTLDs, grabbed realestate.guru and wedding.guru.
That’s right, apparently there are trademarks on “real estate” and “wedding” somewhere out there, and domain registry What Box? was able to provide the required proof that it’s using them in commerce.
Brackey himself is listed as the registrant of cloud.guru and direct.[tld] across the seven gTLDs, among others.
George Minardos of .build applicant Minardos Group acquired build.guru during sunrise too.
I wonder if any sunrise names will be challenged under Donuts’ Sunrise Dispute Resolution Policy.
While .guru has only attracted 117 registered names so far, it does appear to be the one place notoriously domain-shy Apple decided to actually play, presumably due to the support “gurus” it employs in its stores — ipad.guru, mac.guru and iphone.guru all went to the company.
There’s a “religious” flavor to some of the registrations there too — scientology.guru and darshan.guru were both registered by their respective organizations.
Amazon appears to be the most sunrise-happy of all registrants, grabbing dozens of (probably) useless names including kindle.plumbing, prime.ventures and aws.bike.
Some porn publishers seem to have gone a bit crazy too, with names such as m4m.plumbing and cam4.clothing making an appearance.
I found a few domains on my trawl that appear to have empty Whois records — christ.holdings and ghost.bike to name two amusingly appropriate examples — which doesn’t seem to be in the spirit of sunrise.
So there are definitely some oddities out there, but so far it does not appear to me based on my first look that massive numbers of trademark owners have been held to ransom, nor does there appear to have been any wholesale gaming of the system.

Directi joins Domain.com family in $100m deal

Endurance International, the holding company behind brands such as Domain.com and HostGator has closed the acquisition of top ten registrar Directi and some related companies.
The acquisition, which was announced last September is worth between $100 million and $110 million — $25.5 million in cash and the rest in shares and a promissory note.
The deal includes Directi properties BigRock (a registrar), ResellerClub (the reseller-focused registrar), LogicBoxes (the registrar management service) and webhosting.info.
It does not include Radix Registry, the company that applied for 31 new gTLDs, 28 of which applications are still active.
Directi CEO Bhavin Turakhia “has agreed to be closely involved in the integration of the two companies”, but it doesn’t sound like he’s taking on a permanent role at Endurance.
Endurance may not be a familiar brand in and of itself, but its businesses include Bluehost, HostGator, Domain.com, FatCow, iPage and Mojo Marketplace.

Moment of truth as first seven new gTLDs go on sale

We’re finally going to see if there’s any demand for new gTLD domain names.
The first seven new gTLDs — .bike, .clothing, .guru, .holdings, .plumbing, .singles and .ventures, all operated by Donuts — hit first-come, first-served general availability this afternoon.
I understand that the precise time they’re due to become available is 1600 UTC.
But these are going to be unlike any new TLD launches we’ve seen to date.
We’re unlikely to see the kind of mad gold-rush that was enjoyed by the likes of .mobi and .co in their first 24 hours, largely due to the high prices Donuts intends to charge for early adopters.
Under its Early Access Program, any domain registered in these TLDs on day one is going to cost over $10,000 for the first year. The price will come down to $2,500+ tomorrow and will be reduced each day until settling at regular pricing a week from now.
Go Daddy, which commands about half of the retail market, has previously indicated that its day one pricing for Donuts’ gTLDs will be $12,539.
Judging by the Go Daddy web site today, it’s treating EAP as one of its “priority pre-registration” phases distinct from general availability, which it says will kick off February 5.

The EAP is Donuts’ alternative to the landrush-with-auctions model we’ve become accustomed to in previous TLD launches.
The questions are whether this will affect domain investors’ willingness to dive in and grab some premium real estate and whether it will encourage actual end-users to register early.
It seems pretty obvious that while day one of GA for Donuts’ gTLDs is the first big test of its pricing strategy, it’s not going to be the yardstick for volume performance that we’ve seen in previous launches.
I think it’s a pretty safe bet that today’s volumes for Donuts will not come close to GA-day numbers for the likes of .co, .xxx or .mobi, which were in the five or six-figure range.
But with pricing for .bike et al today literally 200 times more expensive than .xxx’s GA pricing, Donuts doesn’t need to sell a great many names to have made a nice return.
ICM Registry said it sold 55,367 .xxx domains in the first 24 hours of GA back in December 2011. With a registry fee of $62, that’s revenue of $3.43 million to the company.
To make the same amount of money from a single gTLD such as .guru, with its $10,000 (I believe) registry fee, Donuts only needs to sell 343 domains today.
.CO Registry sold 194,000 domains in its first 24 hours, at a registry fee I believe was $20, for approximately $3.88 million in revenue. Donuts would only need to sell 388 .clothing domains to make the same return.
These might be achievable numbers. .CO, which operated a landrush-with-auctions period, sold at least 38 domains for over $10,000 and 227 for over $2,500, based on its published results.
Volume matters for the long-term health of a gTLD with public visibility and an aftermarket, but not so much anymore for the financial health of the registry itself.
UPDATE: An earlier version of this story reported that the premium EAP prices recur for every year of the registration. They actually revert back to standard Donuts pricing in the second year.

Scottish gTLD may launch before independence vote

The application for .scot, a new gTLD for Scottish people, is ahead of schedule and is likely to launch before the nation heads to voting booths for an independence referendum later this year.
Glasgow-based applicant Dot Scot Registry signed its ICANN Registry Agreement on January 23. That’s despite having a processing priority number way down the pile at 1,453.
The company had previously expected that it would launch in “early 2015”, according to a press release. Now it’s hoping to launch before the Commonwealth Games kicks off, also in Glasgow, on July 23.
If .scot moves as quickly through the remaining stages of the application process as other registries have, it could be delegated in late March, meaning general availability could come as early as June.
This means the domain is likely to be in the hands of Scots and those of Scottish heritage before the landmark independence referendum, which is set for September 18 this year.
The vote will see Scots asked “Should Scotland be an independent country?”. If the majority says “yes”, Scotland would withdraw from the United Kingdom and become fully self-governing.
Scotland’s first minister, Alex Salmond, said in the press release:

2014 is an exciting year for Scotland, and I’m delighted that this distinct online identity for the nation, and all who take an interest in Scotland, will become available this summer.

If Scotland does become the world’s newest formally recognized country, it will be eligible for its own two-character ccTLD too.
The string would be designated by the International Standards Organization and is not likely to be particularly meaningful. The only two-character strings remaining that begin with S are .sf, .sp, .sq and .sw.
The process of obtaining a ccTLD would also take at least a year after (if) Scotland is recognized by the United Nations as an independent nation, which wouldn’t be until at least 2016.
Whatever happens, .scot is going to see the light of day well before any potential Scottish ccTLD, perhaps making it the .com to the country’s .us over the long term.