Bill Sweetman goes “ninja” with new consulting firm

Bill Sweetman, who recently resigned as head of Tucows’ domain portfolio business, has reemerged with his own “boutique” consulting firm, Name Ninja.
Sweetman said in a press release that the new company “will focus on domain name acquisition (buyer broker), domain name rescue, domain name protection, corporate domain name strategy, and domain name portfolio management.”
He also hopes to help new gTLD registries with their premium name allocation strategies.
You can find the new firm at NameNinja.com.

Fly9 offers services to simplify new gTLD sales

Portland-based developer Fly9 launched last week, offering new gTLD registries a broad range of software designed to make it easier to sell domain names.
The company, founded by SnapNames and Afilias alum Ravi Surya, hopes its platform will help new gTLD operators tap into registrars’ customer bases in a soon-to-be-flooded market.
“The problem with new TLDs is they’ll all depend on registrars, but the registrars are all busy selling other things, like hosting, they’re not interested in selling your TLD,” Surya said.
For a start-up, only just coming out of stealth mode, three-year-old Fly9 seems to have an awful lot of products with an awful lot of features, judging by a quick demo we saw last week.
Perhaps most interesting is the core TLD Distribution Platform. It’s a software service designed to plug the gap between the registry back-end and the registrar/reseller and simplify channel management.
The idea is to make it easier for newbie registry operators to leverage registrars’ marketing clout, but without asking the registrar to do a lot of technical integration work.
Say you’ve been awarded .pumpkins by ICANN. It’s a niche TLD and registrars — spoiled for choice in a world of 500 new gTLDs — aren’t exactly clamoring to sign up to offer it.
Fly9’s service would enable you to give these registrars a way to very quickly start selling .pumpkin domains, using their own registrar accreditation and payment systems but using Fly9’s hosted, white-label microsite.
According to Surya, registry managers can use the service to sign up registrars as little as five minutes. Adding branding and customizing the site for the registrar would obviously take longer.
Registries can also elect to use Fly9’s partner registrar, NameSystem, and create a channel of resellers instead.
The Fly9 suite also includes services for handling pre-registrations, sunrise periods, and premium domain auctions and Surya said the service can also handle EPP extensions for restricted gTLDs.
Pricing is based on transaction volume, but the software has already been licensed to two major back-end registry technical providers, which Surya said he could not yet name.
LogicBoxes and Architelos are among those offering software services for new gTLD management, but I’d be hard pressed to think of another company doing precisely what Fly9 is right now.

Two failures among latest 44 new gTLD results

ICANN has released its weekly batch of new gTLD Initial Evaluation results and it includes the program’s second and third failures.
Two dot-brand applications — .olayangroup and .mckinsey, filed by Olayan Investments and McKinsey Holdings — didn’t get passing scores and are now categorized as “Eligible for Extended Evaluation”.
Both — like the only other failure to date, also filed by Olayan — passed the technical evaluation but failed on question 45, which asks the applicant to provide financial statements.
The strings that have passed IE this week are:

.dog, .pharmacy, .sener, .skydrive, .soy, .sport, .grocery, .rightathome, .scjohnson, .jll, .hosting, .americanexpress, .yamaxun, .analytics, .construction, .land, .management, .systems, .surgery, .news, .data, .reisen, .rugby, .theater, .university, .cba, .ads, .how, .chrome, .vanguard, .meo, .lotte, .hughes, .praxi, .uno, .versicherung, .blog, .bmw, .shangrila, .yandex and .bbc

There are now 341 passing applications and three failures.

Donuts puts 63 new gTLDs to private auction, but at least 17 are dead on arrival

Donuts has committed 63 of its 307 new gTLD applications to a private auction next month, but at least 17 of them are doomed already because rival Uniregistry won’t take part.
Donuts, which does not want to enter into joint ventures with competing gTLD applicants, has decided to use a private auction managed by Cramton Associates instead of an ICANN auction.
The first round of auctions are due to kick off June 3, but Cramton has set a deadline of next week for applicants to commit the strings they want to bid on.
Donuts has put forward these ones (note that they’re different to those reported elsewhere earlier due to a couple of typos in the original press release):

.apartments, .auction, .audio, .baseball, .boats, .cafe, .church, .college, .construction, .direct, .discount, .fish, .football, .forsale, .furniture, .fyi, .global, .gratis, .guide, .juegos, .jewelry, .legal, .living, .luxury, .phone, .photography, .plus, .red, .run, .storage, .theater, .trading, .vote, .beauty, .broadway, .city, .club, .forum, .garden, .help, .hosting, .hot, .marketing, .media, .memorial, .wedding, .chat, .online, .pizza, .sale, .salon, .school, .search, .show, .soccer, .team, .group, .site, .style, .law, .store, .blog, and .art.

Running the list through the DI PRO database, we quickly discover that 33 of these strings are in two-horse races, 13 have three applicants, nine have four and three have five.
The remaining four contention sets have six, seven, nine and 10 applicants respectively.
Uniregistry, the portfolio applicant run by domainer Frank Schilling, is involved in 17 of the contention sets, and Schilling confirmed to DI today that the company does not intend to participate.
As we’ve previously reported, Uniregistry says it has concerns that private auctions may be illegal under US antitrust law, though substantial doubt has been cast over that assertion since.
Because all applicants in a contention set need to commit for the auction to be meaningful, we can assume that at least 17 of Donuts’ proposed auctions will not go ahead, unless Uniregistry changes its mind.
Top Level Domain Holdings has applied for 13 of the strings Donuts wants to take to auction. TLDH has also expressed concern in the past about the private auction concept.
Directi, Famous Four Media and Google are each involved in eight of the contention sets, while Amazon is involved in five.
According to Cramton, each auction will take place in bidding rounds, with the first round having a maximum bid of $50,000 multiplied by the number of applicants and subsequent rounds increasing that by 10% multiplied by the number of bidders.
If any applicant in a given auction requests privacy, then the winning amount will not be disclosed.

Donuts hires the face of the new gTLD program

Portfolio gTLD applicant Donuts has hired Michele Jourdan, who until last week was head of new gTLD communications at ICANN.
She has joined the company as director of sales and marketing, according to her LinkedIn profile.
Applicants and others following the program closely will remember her from the regular update videos published by ICANN.
She worked for ICANN for almost five years, but only in the last year or so started to take a visible front seat role in interactions with community members. I understand she left ICANN a week ago.
Jourdan is not the first ICANN alum Donuts has taken on.
Its CFO is former ICANN CFO Kevin Wilson, and we recently learned that former new gTLD program manager Kurt Pritz has been recruited, non-exclusively, as a consultant.

Ombudsman probing “late” new gTLD objections

ICANN’s Ombudsman Chris LaHatte has received complaints about some new gTLD objections that were apparently filed after the submission deadline but are being processed anyway.
Two companies have officially called on LaHatte to tell ICANN that “late complaints should not be received on the basis that the deadlines were well advertised and achievable”.
The issue seems to be that ICANN had set a deadline of 2359 UTC March 13 for objections to be filed, and some of them arrived slightly late.
The delays appear to have been a matter of mere minutes, and blamed on latency caused by heavy email attachments and other technical problems.
According to ICANN, the dispute resolution providers decided to give objectors a five-minute grace period, essentially extending the deadline from 2359 UTC to 0004 UTC the following day.
The recipients of these objections clearly now want to use this technicality to kill off the objections, avoiding the cost of having to defend themselves.
In a set of answers to questions posed verbally in Beijing last month, published last week (pdf), ICANN said:

ICANN is confident that the Dispute Resolution Service Providers are complying with the guidelines in the [Applicant Guidebook].

I don’t know which applications are affected by the issue, but the question at the Beijing public forum was posed by new gTLD consultant Jim Prendergast of the Galway Strategy Group.
He received applause, so I guess he wasn’t the only person in the room with an interest in the subject.
LaHatte, on his blog, is looking for feedback before making his decision.

Healthcare dot-brand drops out of gTLD race

WellPoint, a major North American health insurance provider, has dropped its application for .anthem, a proposed dot-brand gTLD.
It’s the fifth application to be withdrawn this week and the 64th to be withdrawn overall. The pull-out rate from the original 1,930 applications now stands at roughly 3.3%.
It’s also the second bid to be yanked by WellPoint. It pulled its application for .caremore in December, before even receiving an evaluation prioritization number in The Draw.
Wellpoint, which did not apply for .wellpoint, has no applications remaining in the program.
Anthem is a brand used by WellPoint to provide health insurance, mainly in California.
It’s also the original name of the company, which entered its present incarnation with the merger of WellPoint Health Networks Inc and Anthem Inc in 2004.
The gTLD was to be a straightforward .brand with a Neustar back-end. It was uncontested and had no public comments, objections or Governmental Advisory Committee to stand in its way.
It had a very low priority number, however, and was not due to receive its Initial Evaluation results until the final week of the schedule.

Afilias dumps .mail bid, and three other new gTLD withdrawals

Four new gTLD applications have been withdrawn so far this week, including the first to come from .info operator Afilias.
Afilias has pulled its bid for .mail — the second applicant to do so — due to the number of competitors for the string.
A spokesperson said in an email:

The company felt there were simply too many groups in contention for this domain and we’d rather focus our energy supporting and helping to grow the .POST domain, for which we are the [technical services provider].

There are now five applicants competing for the string, including Google, Amazon and Donuts, but they’re all facing objections from the United States Postal Service and the Universal Postal Union, which runs .post.
Elsewhere this week, Directi has ended its bid for .movie, a contention set with seven other bidders.
The company declined to comment on the reasons for the withdrawal, so we probably can’t entirely rule out some kind of partnership with one or more other applicants.
Today we’ve also seen the withdrawal of applications for .ltd and .inc, both belonging to a Dutch company called C.V. TLDcare. I don’t know much about these guys, other than it used OpenRegistry as its technical partner and that .inc and .ltd were its only two applications.
Interesting fact: not a single “corporate identifier” application (.llp, .corp, .ltd, .inc, .llc) has passed Initial Evaluation yet, but seven applications have been withdrawn.
It’s a controversial category, with many US state attorneys general very unhappy about any of these strings being delegated without safeguards.
The latest four withdrawals bring the total to 63.

Global standards group highlights silliness of GAC’s IGO demands

The International Organization for Standardization, known as ISO, doesn’t want to have its acronym blocked in new gTLDs by the International Sugar Organization.
ISO has told ICANN in a letter that demands for special favors coming from intergovernmental organizations, via the Governmental Advisory Committee, should be rejected.
Secretary general Rob Steele wrote:

We have very strong concerns with the GAC proposal, and firmly oppose any such block of the acronym “ISO.”
…
To implement a block on the term “ISO” (requiring its release be permitted by the International Sugar Organization) disregards the longstanding rights and important mission of the International Organization for Standardization. To be frank, this would be unacceptable.
…
please be assured that the International Organization for Standardization is prepared to take all necessary steps if its well-known short name is blocked on behalf of another organization.

For several months the GAC has argued that IGOs are “objectively different category to other rights holders, warranting special protection from ICANN” in new gTLDs.
Just like the “unique” Olympics and Red Cross were in 2011.
The GAC proposes that that any IGO that qualifies for a .int address (it’s a number in the hundreds) should have its name and acronym blocked by default at the second level in every new gTLD.
But ICANN pointed that this would be unfair on the hundreds (thousands?) of other legitimate uses of those acronyms. It gave several examples.
The GAC in response said that the IGOs would be able to grant consent for their acronyms to be unblocked for use by others, but this opened up a whole other can of implementation worms (as the GAC is wont to do).
ICANN director Chris Disspain of AuDA said in Beijing:

Who at each IGO would make a decision about providing consent? How long would each IGO have to provide consent? Would no reply be equivalent to consent? What criteria would be used to decide whether to give consent or not? Who would draft that criteria? Would the criteria be consistent across all IGOs or would consent simply be granted at the whim of an IGO?

In the GAC’s Beijing communique, it seemed to acknowledge this problem. It said:

The GAC is mindful of outstanding implementation issues and commits to actively working with IGOs, the Board, and ICANN Staff to find a workable and timely way forward.

The GAC insists, however, that no new gTLDs should be allowed to launch until the IGO protections are in place.
Given the amount of other work created for ICANN by the Beijing communique, I suspect that the IGO discussions will focus on implementation detail, rather than the principle.
But the principle is important. IGOs are not typically victims of pernicious cybersquatting. If they deserve special protections, then why don’t trademark owners that are cybersquatted on a daily basis?
ISO standardizes all kinds of stuff in dozens of sectors. In the domain name space, it’s probably best known for providing ICANN with ISO 3166-1 alpha-2, the authoritative list of two-letter strings that may be delegated as ccTLDs.
The International Sugar Organization is very important too, probably, if you’re in the sugar business.
Wikipedia gives it a single paragraph, Google ranks the International Society of Organbuilders higher on a search for “ISO”, and its web site suggests it doesn’t do much business online.
Does it need better brand protection than Microsoft or Marriott or Facebook or Fox? Is anyone going to want to cybersquat the International Sugar Organization, really?
If it does deserve that extra layer of protection, should that right trump the more-famous ISO’s right to register domains matching its own brand?

URS providers to get contracts

The companies handling Uniform Rapid Suspension domain name disputes will be bound to a contract, ICANN has said.
In a follow-up Q&A document (pdf) from the public forum session at the ICANN meeting in Beijing last month, posted Friday, ICANN said:

As regards Uniform Rapid Suspension (URS) providers, will there be a contract developed that goes beyond the non-enforceable memorandum of understanding? Will there be other URS providers?
Yes, a contract is being developed and additional URS providers will be added.

That appears to be new information.
Domainers, and the Internet Commerce Association, which represents domainers, have long pressed for UDRP providers and, more recently, URS providers, to be bound by contracts.
The ICA, for example, has often said that no new UDRP providers should be approved until there’s a contractual way for ICANN to prevent mismanagement of disputes and “forum shopping”.
Soon, it seems, at least URS providers will have some contractual coverage.
The National Arbitration Forum and the Asian Domain Name Dispute Resolution Centre have already been approved as URS providers.