Amazon’s dot-brand likely doomed as US withdraws geo objection

The US government is set to allow the Governmental Advisory Committee to kill off Amazon’s application for .amazon, along with eight other new gTLDs with geographic flavors.
In a position paper published last night, the National Telecommunications and Information Administration said:

the United States is willing in Durban to abstain and remain neutral on .shenzen (IDN in Chinese), .persiangulf, .guangzhou (IDN in Chinese), .amazon (and IDNs in Japanese and Chinese), .patagonia, .yun, and .thai, thereby allowing the GAC to present consensus objections on these strings to the Board, if no other government objects.

According to a GAC source, US protests were the “only reason” the GAC was unable to reach a consensus objection to these applications during the Beijing meeting three months ago.
Consensus would strengthen the objection, giving the ICANN board the presumption that the applications, some of which have already passed Initial Evaluation, should not be approved.
None of the nine applications in question met ICANN’s strict definition of a “geographic” string, but they nevertheless look geographic enough to raise concerns with GAC members.
Amazon’s application for .amazon raised the eyebrows of the Latin American countries that share the Amazonia region.
The company has been in talks with these GAC members since Beijing. If it wants to secure .amazon, it has a little over a week to address their concerns, if it wants to avoid an objection.
While the US is now promising to drop its objection to the GAC’s objection, it does not appear to have changed its position, claiming that governments have no rights to geographic strings. NTIA said:

The United States affirms our support for the free flow of information and freedom of expression and does not view sovereignty as a valid basis for objecting to the use of terms, and we have concerns about the effect of such claims on the integrity of the process.
…
the United States is not aware of an international consensus that recognizes inherent governmental rights in geographic terms.

It’s calling for a rethink of the process, during the mandatory review of the new gTLD program that ICANN must conduct before accepting a second round of applications.
Given that the GAC currently has the ability to object to any string for any reason, it’s difficult to see how a review could achieve the NTIA’s goal without reining in the GAC’s powers.

ICANN says DotConnectAfrica’s .africa bid is officially “Not Approved”

Artemis signs 30 anchor tenants for .secure gTLD

Artemis, the NCC Group subsidiary applying for .secure, says it has signed up 30 big-name customers for its expensive, high-security new gTLD offering.
CTO Alex Stamos said that the list includes three “too big to fail” banks and three of the four largest social networking companies. They’ve all signed letters of intent to use .secure domains, he said.
He was speaking at a small gathering of customers and potential customers in London yesterday, to which DI was invited on the condition that we not report the name of anyone else in attendance.
Artemis is doing this outreach despite the facts that a) .secure is still in a two-way contention set and b) deep-pocketed online retailer Amazon is the other applicant.
Stamos told DI he’s confident that Artemis will win .secure one way or the other — hopefully Amazon’s single-registrant bid will run afoul of ICANN’s current rethink of “closed generics”.
He expects to launch .secure in the second or third quarter of next year with a few dozen registrants live from pretty much the start.
The London event yesterday, which was also attended by executives from a few household names, was the second of three the company has planned. New York was the first and there’ll soon be one in California.
I’m hearing so many stories about new gTLD applicants that still haven’t figured out their go-to-market strategies recently that it was refreshing to see one that seems to be on the ball.
Artemis’ vision for .secure is also probably the most technologically innovative proposed gTLD that I’m currently aware of.
As the name suggests, security is the order of the day. Registrants would be vetted during the lengthy registration process and the domain names themselves would be manually approved.
Not only will there not be any typosquatting, but there’s even talk of registering common typos on behalf of registrants.
Registrants would also be expected to adhere to levels of security on their web sites (mandatory HTTPS, for example) and email systems (mandatory TLS). Domains would be scanned daily for malware and would have manual penetration testing at least annually.
Emerging security standards would be deployed make sure that browsers would only trust SSL certificates provided by Artemis (or, more likely, its CA partner) when handling connections to .secure sites.
Many of the policies are still being worked out, sometimes in conversation with an emerging “community” of the aforementioned anchor tenants, but there’s one thing that’s pretty clear:
This is not a domain name play.
If you buy a .secure domain name, you’re really buying an NCC managed security service that allows you to use a domain name, as opposed to an easily-copied image, as your “trust mark”.
Success for .secure, if it goes live as planned, won’t be measured in registration volume. I wouldn’t expect it to be much bigger than .museum, the tiniest TLD today, within its first few years.
Prices for .secure have not yet been disclosed, but I’m expecting them to be measured in the tens of thousands of dollars. If “a domain” costs $50,000 a year, don’t be surprised.
Artemis’ .secure would however be available to any enterprise that can afford it and can pass its stringent security tests, which makes it more “open” than Amazon’s vaguely worded closed generic bid.
Other ICANN accredited registrars will technically be allowed to sell .secure domains, but the Registry-Registrar Agreement will be written in such a way as to make it economically non-viable for them to do so.
Overall, the company has a bold strategy with some significant challenges.
I wonder how enthusiastic enterprises will be about using .secure if their customers start to assume that their regular domain name (which may even be a dot-brand) is implicitly insecure.
Artemis is also planning to expose some information about how well its registrants are complying with their security obligations to end users, which may make some potential registrants nervous.
Even without this exposure, simply complying appears to be quite a resource-intensive ongoing process and not for the faint-hearted.
However, that’s in keeping with the fact that it’s a managed security service — companies buy these things in order to help secure their systems, not cover up problems.
Stamos also said that its eligibility guidelines are being crafted with its customers in such a way that registrants will only ever be kicked out of .secure if they’re genuinely bad actors.
Artemis’ .secure is a completely new concept for the gTLD industry, and I wouldn’t like to predict whether it will work or not, but the company seems to be going about its pre-sales marketing and outreach in entirely the correct way.

New gTLD registry contract approved, but applicants left hanging by GAC advice

ICANN has approved the standard registry contract for new gTLD registries after many months of controversy.
But its New gTLD Program Committee has also decided to put hundreds more applications on hold, pending talks with the Governmental Advisory Committee about its recent objections.
The new Registry Agreement is the baseline contract for all new gTLD applicants. While some negotiation on detail is possible, ICANN expects most applicants to sign it as is.
Its approval by the NGPC yesterday — just a couple of days later than recently predicted by ICANN officials — means the first contracts with applicants could very well be signed this month.
The big changes include the mandatory “Public Interest Commitments” for abuse scanning and Whois verification that we reported on last month, and the freeze on closed generics.
But a preliminary reading of today’s document suggests that the other changes made since the previous version, published for comment by ICANN in April, are relatively minor.
There have been no big concessions to single-registrant gTLD applicants, such as dot-brands, and ICANN admitted that it may have to revise the RA in future depending on how those discussions pan out.
In its resolution, the NGPC said:

ICANN is currently considering alternative provisions for inclusion in the Registry Agreement for .brand and closed registries, and is working with members of the community to identify appropriate alternative provisions. Following this effort, alternative provisions may be included in the Registry Agreement.

But many companies that have already passed through Initial Evaluation now have little to worry about in their path to signing a contract with ICANN and proceeding to delegation.
“New gTLDs are now on the home stretch,” NGPC member Chris Disspain said in a press release “This new Registry Agreement means we’ve cleared one of the last hurdles for those gTLD applicants who are approved and eagerly nearing that point where their names will go online.”
Hundreds more, however, are still in limbo.
The NGPC also decided yesterday to put a hold on all “Category 1” applications singled out for advice in the Governmental Advisory Committee’s Beijing communique.
That’s a big list, comprising hundreds of applications that GAC members had concerns about.
The NGPC resolved: “the NGPC directs staff to defer moving forward with the contracting process for applicants who have applied for TLD strings listed in the GAC’s Category 1 Safeguard Advice, pending a dialogue with the GAC.”
That dialogue is expected to kick off in Durban a little over a week from now, so the affected applicants may not find themselves on hold for too long.
Negotiations, however, are likely to be tricky. As the NGPC’s resolution notes, most people believe the Beijing communique was “untimely, ill-conceived, overbroad, and too vague to implement”.
Or, as I put it, stupid.
By the GAC’s own admission, its list of strings is “non-exhaustive”, so if the delay turns out to have a meaningful impact on affected applicants, expect all hell to break loose.

GNSO still breathing as ICANN retracts “flawed” Trademark+50 thinking

The Generic Names Supporting Organization isn’t dead after all.
ICANN’s Board Governance Committee has retracted a document related to new gTLD trademark protections that some on the GNSO Council believed spelled the end of the multistakeholder model as we know it.
The BGC, in rejecting a formal Reconsideration Request related to the “Trademark+50” mechanism, had used a rationale that some said was overly confrontational, legalistic and gave ICANN staff the ability to ignore community input more or less at will.
We reported on the issue in considerable detail here.
The committee on Friday retracted the original rationale, replacing it with one (pdf) that, while still containing some of the flawed reasoning DI noted last month, seems to have appeased the GNSO Council.
Neustar policy VP Jeff Neuman, who raised the original concerns, told the Council: “I believe the rationale is much more consistent with, and recognizes, the value of the multi-stakeholder model.”
The BGC did not change its ultimate decision — the Reconsideration Request has still been rejected and Trademark+50 is still being implemented in the new gTLD program.

Four new gTLD applications withdrawn, including one closed generic

Four new gTLD application were withdrawn overnight, including the first “closed generic” bid to be dropped since ICANN implemented a freeze on such applications.
Today’s withdrawals are:

• .movie — Of the eight applications for this string, this Dish DBS bid was one of only two proposed with single-registrant business models. It would have undoubtedly have been captured by the current ICANN hold on closed generics.
• .chesapeake — A dot-brand filed by Chesapeake Energy. It had already passed Initial Evaluation. While arguably a geographic string, it had not been classified as such by ICANN and had no objections or GAC advice.
• .chk — An abbreviation of the above, matching Chesapeake’s stock market ticker symbol. It had also already passed IE and had a clear run at delegation.
• .kerastase Yet another L’Oreal dot-brand application, the sixth of its original 14 bids to be withdrawn.

The total withdrawals to date now stands at 94, 49 of which were uncontested.

See all new gTLD withdrawls and Initial Evaluation results in a handy timeline

From today, DI PRO users have a new feature for tracking new gTLD withdrawals that removes the huge pain and inconvenience of actually having to read DI and other domain blogs.
It’s been the mostly commonly requested feature over the last couple of weeks, and we’re happy to oblige.
The New gTLD Program Timeline lists all withdrawals, evaluation results and other major changes to application status, in chronological order.
There are over 1,100 entries in the database so far, going back to August 2012. Withdrawals are automatically updated daily, IE results weekly on Friday evenings UTC.
It’s designed for utility. Here’s a screen grab:

To join the growing ranks of DI PRO subscribers click here. Subscribers also get access to the following tools and searchable databases:
Daily new gTLD program stats, searchable Initial Evaluation scores, the most comprehensive and flexible database of gTLD applications available anywhere, and much more.

DomainsBot to be “at the heart” of new gTLD sales

DomainsBot, which powers the name suggestion feature on most major registrar storefronts, has unveiled a significant update designed to make selling new gTLD domains easier.
The company reckons its new technology will soon be promoted from a follow-up sales tool, rolled out if a customer’s first choice of domain is not available, to “replacing the availability check” entirely.
“The idea is to be at the heart of the process of promoting new gTLDs,” CEO Emiliano Pasqualetti told DI.
The idea is pretty straightforward: a customer types a word into a search box, the service suggests available domain names with conceptually similar TLDs.
There’s a demo online already. If you type “chocolate”, it suggests domains such as chocolate.food, chocolate.menu and chocolate.health. Domain Name Wire did a quick test run today too.
While it may not be perfect today, it was pretty good at finding appropriate TLDs for the keywords I tested.
And Pasqualetti said that under the hood is a machine learning engine that will make its suggestions increasingly more relevant as new gTLD domains start to go on sale.
“It tries to predict which TLD we need to show to each individual using a combination of their query, their IP address and as much history as we can legally collect in partnership with registrars,” Pasqualetti said.
If, for example, customers based in London show a tendency to buy lots of .london domains but hardly ever .rome, Londoners will start to see .london feature prominently on their registrar’s home page.
“We learn from each registrar what people search for and what people end up buying,” he said.
Some registrars may start using the software in their pre-registration portals, increasing relevance before anything actually goes on sale, he said.
My feeling is that this technology could play a big role in which new gTLDs live or die, depending on how it is implemented and by which registrars.
Today, DomainsBot powers the suggestion engine for the likes of Go Daddy, eNom, Tucows and Moniker. Pasqualetti reckons about 10% of all the domains being sold are sold via its suggestions.
Judging by today’s press release, registrars are already starting to implement the new API. Melbourne IT, Tucows and eNom are all quoted, but Pasqualetti declined to specify precisely how they will use the service.
It’s been widely speculated that Go Daddy plans to deploy an automated “pay for placement” system — think AdSense for domains — to determine which TLDs get prominence on its storefront.
Pasqualetti said that’s the complete opposite of what DomainsBot is offering.
“We’re relevance for placement,” he said. “We want to give every TLD a chance to thrive, as long as they’re relevant for the end user.”
According to Pasqualetti (and most other people I’ve been talking to recently) there are a lot of new gTLD applicants still struggling to figure out how to market their TLDs via registrars.
There are about 550 “commercially interesting” applied-for gTLD strings in the DomainsBot system right now, he said. New gTLD applicants may want to make sure they’re one of them.
Next week, the company will reveal more details about how it plans to work with new gTLD registries specifically.

90 passes and 2 failures in this week’s gTLD results

ICANN has just delivered this week’s batch of Initial Evaluation results, with 90 passes and two failures to report.
The two applications that failed to achieve passing scores are Commercial Connect’s .shop and .supersport, a dot-brand filed by a South African television company. Both are eligible for extended evaluation.
Commercial Connect is the first applicant to fail to achieve a passing score on its technical evaluation.
I believe the company, which was among the unsuccessful applicants in the 2000 round of new gTLDs, is one of the few applicants this time around proposing to self-host its registry back-end.
It did, however, pass the financial component of the evaluation.
SuperSport failed, like nine others before it, on its financial evaluation, having scored a 0 on its “Financial Statements” question.
These are the passing applications this week:

.shop .viking .nagoya .osaka .shop .cruise .baidu .motorcycles .bananarepublic .allfinanzberatung .shiksha .top .bio .republican .aol .mail .navy .fyi .jcb .photos .wine .app .diy .law .data .foo .film .corp .ibm .physio .htc .pohl .chanel .gdn .ubs .secure .woodside .ultrabook .gold .show .soccer .map .web .coffee .apple .compare .markets .schule .fitness .courses .hotel .discover .spreadbetting .ngo .cbs .immo .home .drive .williamhill .racing .movie .store .barefoot .kaufen .memorial .abb .bbva .cpa .unicom .voto .skype .vet .doctor .tennis .space .nab .web .bet .scor .food .fail .konami .day .games .garden .book .hosting .ollo .montblanc .click

There are now 909 passing applications and 11 eligible for extended evaluation.

Plural gTLDs not confusing, says ICANN (and two gotchas proving it wrong)

Dozens of new gTLD applicants will be breathing a sigh of relief this morning as ICANN said it will allow single and plural versions of the same gTLD to co-exist after all.
The decision, made Tuesday by ICANN’s New gTLD Program Committee, affects at least 98 applications. It said:

NGPC has determined that no changes are needed to the existing mechanisms in the Applicant Guidebook to address potential consumer confusion resulting from allowing singular and plural versions of the same string.

It was in response to the Governmental Advisory Committee, which had advised ICANN to “reconsider its decision to allow singular and plural versions of the same strings.”
Because of the wording of the advice, ICANN is able to disagree with the the GAC’s opinion that “singular and plural versions of the string as a TLD could lead to potential consumer confusion” without triggering its bylaws provision that forces it into time-consuming GAC negotiations.
By “reconsidering” plural/singular coexistence and not doing anything, it has stuck to the letter of the advice.
In its reconsideration it reconsiderated whether it should overturn the findings of its independent String Similarity Panel, which did not believe any plural/singular pairs were confusingly visually similar.
It also used the coexistence of second-level plural and singular domains, registered to different people, as evidence that users would not find similar coexistence at the top level confusing.
The decision has potentially far-reaching consequences on the new gTLD program.
First, it could mean that some plural/singular pairs will be allowed to exist while others will not.
There are a handful of formal String Confusion Objections filed by applicants for gTLDs that have singular or plural competitors in the current round.
These string pairs are not currently in contention sets, but if the objectors prevail only one of the strings will survive to delegation.
Other string pairs have no objections and will be allowed to coexist. This may be fair in a sense, but it’s not uniform nor predictable.
(One wonders if the String Confusion Objection arbitration panels will use ICANN’s ruling this week in their own decision-making process, which could open a can of worms.)
Second, I think the decision might encourage bad business practices by registries.
My beef with coexistence
I don’t think coexistence is a wholly terrible idea, but I do think it will have some negative effects, as I’ve expressed in the past.
First, I think it’s going to lead to millions of unnecessary defensive registrations.
And by “defensive” I’m not talking about companies protecting their trademarks. Whether you think they’re adequate or not, trademark owners already have protections in new gTLDs.
I’m talking about regular domain registrants, small businesses, entrepreneurs and so on. These people are going to find themselves buying two domains when they only need one.
Let’s say you’re Mad John’s Autos, and you’re registering madjohn.auto. You get to the checkout and Go Daddy offers you the matching .autos domain. Assuming similar pricing, you’d definitely register it, right?
You’ve always got to assume a certain subset of users will get confused and either wind up at a dead URL or a competitor’s site. It’s simpler just to defensively register both.
What if one was priced a little higher than the other? Maybe you’d still register it. How big would the price differential have to be before you decided not to buy the plural duplicate?
Buying two domains instead of one may not be a huge financial burden to individual registrants, but it’s going to lead to situations where gTLDs exist in symbiotic — or parasitic — pairs.
If you run the .auto registry, you may find that your plural competitor is spending so much on marketing .autos that you don’t need to lift a finger in order to sell millions of domain names.
Just make sure you’re partnered with the same registrars and bingo: you’re up-sell.
Attractive business plan, right? You may disagree, but when ICANN opens the floodgates for the second round of new gTLD applications in a couple years, we’ll find out for sure.
Two gotchas
Defenses of plural/singular gTLD coexistence often come from, unsurprisingly, the portfolio applicants that have applied for them and, presumably, may apply for them in future rounds.
“Singulars and plurals live together now on the [second-level domain] side,” Uniregistry said. “They create healthy competition and do not unduly confuse consumers to the point of annoyance.”
I wouldn’t disagree with that statement. Plural/singular coexistence may not confuse internet users to the point of danger or annoyance. But, I would argue, they do make people buy more domain names than they need to.
If you were buying autos.com today you’d definitely definitely buy auto.com as well and redirect it to autos.com. You’d be an idiot not too.
When I put this to Uniregistry execs privately several weeks ago, they disagreed with me. Nobody would bother with such duplicative/defensive domains, they said.
In response, I asked, cheekily: so why do you own uniregistries.com, redirecting it to uniregistry.com?
Another portfolio applicant, Donuts, also didn’t like the idea of plurals and singulars being mutually exclusive, according to this CircleID article. It doesn’t think they’re confusingly similar.
Yet a press release put out by the company last month accidentally said it planned to put its application for .apartment to auction.
The problem is that Donuts hasn’t applied for .apartment, it has applied for .apartments.
I feel rotten for highlighting a simple typo by a fellow media professional (I make enough of those) but isn’t that what we’re often talking about when discussing confusing similarity? Typos?
If the registry can get confused by its own applied-for strings, doesn’t that mean internet users will as well?
Oh, I’m a cybersquatter
Interestingly, ICANN’s belief that plurals are not confusing appears to be institutional.
At least, I discovered this morning that icanns.org, the plural of its primary domain, was available for registration.
So I bought it.
Let’s see how much traffic it gets.
If I get hit by a UDRP, that could be interesting too.