Del Monte v Del Monte is the first new gTLD trademark objection

Two companies trading under the name Del Monte are involved in the first-to-be-revealed Legal Rights Objection, over the .delmonte gTLD, under the new gTLD program.
The World Intellectual Property Organization revealed the LRO — expected to be the first of many — this evening.
The applicant for .delmonte is a subsidiary of Fresh Del Monte Produce, Inc. The objector is Del Monte Corp.
Both companies are primarily known for canning fruit. According to Wikipedia, Fresh Del Monte was spun off from Del Monte in 1989 and continues to have a licensing arrangement to use the brand.
The deal apparently doesn’t extend to playing nicely over gTLDs, however.
Del Monte does business at delmonte.com, while Fresh Del Monte lives at freshdelmonte.com.
Legal Rights Objections allow trademark owners to challenge gTLD applications that look too much like their marks. It looks like Del Monte has a pretty good case, on the face of it.

New gTLD registry hopeful CentralNic taken out by “total power failure”

Emerging new gTLD back-end player CentralNic today suffered a two-hour blackout of its registry systems, due to a “total power failure” at its data center.
Its registry, which handles subdomain services such as uk.com and gb.com and the ccTLD .la, was offline from 0930 to 1130 UTC this morning, the company said.
Even though the company has all the necessary backup precautions you’d expect from a total-uptime domain name registry, for some reason they failed to kick in, it seems.
CentralNic said:

The data centre is equipped with fully resilient power supply including N+1 redundant [Uninterruptible Power Supply] arrays and backup diesel generators, and the exact cause of the outage, and why the UPS and diesel generator system did not take over to maintain power, is not yet known.

The company is the named back-end provider for 60 gTLD applications, including a handful of dot-brands.
Coming so soon before ICANN starts the pre-delegation testing of registry providers, the outage is embarrassing to say the least.

At-Large votes to object to .health gTLD bids, but Afilias gets a pass

ICANN’s At-Large Advisory Committee has voted to object to three of the four applications for the .health gTLD.

Afilias, which is one of the applicants, will not receive an ALAC objection. By a single vote, ALAC decided not to go after its application.
Fourteen of the 15-member ALAC panel voted on Tuesday. For DotHealth LLC’s bid, the yes/no/abstain vote was 8/3/3; dot Health Ltd’s was 10/3/1, and Donuts’ was 10/3/1.
Afilias managed to get one extra “no” vote (its result was 7/4/3). so with only 50% of the voters voting “yes”, the motion to object failed.
The ALAC did not vote on .健康, which means “healthy” or “wellness” in Chinese, despite earlier indications that it would.
The identities of the voters and the way they voted does not appear to have been revealed.
The objections will be of the Community or Limited Public Interest variety, and paid for by ICANN.
Healthcare-related gTLDs are already the most controversial of those being applied for.
Each .health bid received four Governmental Advisory Committee Early Warnings late last year, and earlier this week the Independent Objector’s list of 24 objections was dominated by medically oriented strings.

Amazon and Google hit as Independent Objector files 24 new gTLD objections

Alain Pellet, the new gTLD program’s Independent Objector, has filed 24 official objections against new gTLD applications.
Five of its 13 Community Objections are against dot-brands that have geographical meanings — Amazon’s .amazon and three translations, an outdoor clothing maker’s bid for .patagonia and a Mumbai cricket team’s application for .indians.
Other recipients are the two applications for .charity and the one for the Chinese translation .慈善.
Every other objection is related in some way to health.
The remaining six Community Objections target .med, .health, .healthcare and .hospital bids.
Limited Public Interest Objections have also been filed against the four .health applications, .healthcare, the four .med bids and the one .hospital.
That’s right, the .hospital and .healthcare applications, both filed by Donuts subsidiaries, have been hit twice.
Donuts is not the only one: Google’s .med bid has a Community Objection and a Limited Public Interest objection too.
The reasons for the objections do not appear to have been published yet.
The objections stand to delay each of the target apps by about five months, according to ICANN’s timetable.
The full list of IO objections can be found here.

Google-backed new gTLD industry group appears at WhatDomain.org

The formative domain name industry trade association that DI has blogged about a few times recently has found itself a web site.
The Google-backed initiative can be found now at WhatDomain.org, which currently carries a bit of brief information about the organization’s rough plans and a call for potential members to get in touch.
The site states:

We are organizing to help educate the world on the coming changes in the domain landscape and to support the interests of the domain name industry. We are inviting any organization with a similar interest in domains to join us in working to create and launch an organization that will enable us to work together to achieve these objectives.

The association will eventually have membership tiers and fees, but those details have yet to be arranged.
We understand that while new gTLD applicant Google is doing most of the “heavy lifting” getting the project off the ground, the company wants to go as arms-length as possible very quickly.
The first informal meeting of what may or may not become officially known as WhatDomain took place at during an intersessional ICANN meeting in Amsterdam this January.
The idea is to promote new gTLDs and domain names in general, raise the reputation of the industry and promote the universal acceptance of TLDs among software developers.
During a session here at the Digital Marketing & gTLD Strategy Congress in New York yesterday, ICANN head of stakeholder engagement Sally Costeron seemed to commit ICANN to help support the initiative.

Registrars and ICANN hit impasse on new RAA

ICANN and its accredited domain name registrars have hit a brick wall in their long-running contract negotiations, after ICANN demanded the right to unilaterally amend the deal in future.
Documents published by ICANN this morning reveal that the two sides have reached agreement on almost all of their previous sticking points — including the extremely thorny issue of Whois verification — but have run into some fundamental, eleventh-hour disagreements.
As we’ve been reporting for the last couple of weeks, the big unresolved issue is ICANN’s unilateral right to amend the Registrar Accreditation Agreement in future, which registrars absolutely hate.
Death of the GNSO? Again?
The text of that proposed change has today been revealed to be identical to the text ICANN wants to insert into the Registry Agreement that all new gTLD registries must sign.
It gives ICANN’s board of directors the right, by two-thirds majority, to make essentially any changes they want to the RA and RAA in future, with minimal justification.
Registrars are just as livid about this as new gTLD applicants are.
The proposed change appears to be one of those introduced last month that ICANN said “[stems] from the call by ICANN’s CEO, Fadi Chehadé, to work to improve the image of the domain industry and to protect registrants”.
Chehadé has been on the road for the last couple of months trying to raise ICANN’s profile in various stakeholder groups in the private and public sectors around the world.
One of the memes he’s impressed upon contracted parties and others is that people don’t trust the domain name industry. Part of ICANN’s solution, it seems, is to grant its board more powers over registries and registrars.
But the Registrars Stakeholder Group reckons unilateral amendments would torpedo the multistakeholder process by emasculating the Generic Names Supporting Organization. It said:

The effect of such a clause in the primary agreements between ICANN and its commercial stakeholders would be devastating to the bottom-up, multi-stakeholder model.
First, it will effectively mean the end of the GNSO’s PDP [Policy Development Process], as the Board will become the central arena for all controversial issues, not the community.
Second, it creates an imbalance of authority in the ICANN model, with no limits on the scope or frequency of unilateral amendments, and no protections for registrars and more important registrants.

That’s the biggest barrier to an agreement right now, and it’s one shared by the entire contracted parties constituency of ICANN. Expect fireworks in Beijing next month.
Friction over new gTLDs
Registrars and registries are also angry about the fact that ICANN wants to force registrars to adopt the 2013 RAA, even if their 2009 or 2001 deals are still active, if they want to sell new gTLDs.
RrSG secretary Michele Neylon of Blacknight told DI today that it looks like ICANN is trying to “drive a wedge” between registrars and registries.
Here’s why:
ICANN is trying desperately to stick to its new gTLD program timetable, which will see it start signing Registry Agreements with new gTLD applicants in late April.
But it wants the base RA to include a clause obliging registries to only sell via registrars on the 2013 RAA.
Because the 2013 RAA is not yet finalized, registrars could potentially hold up the approval and delegation of new gTLDs if they don’t quickly agree to the changes ICANN wants.
According to Neylon, the documents released today have been published prematurely; with a little more time agreement could be reached on some of the remaining differences.
Again: expect fireworks in Beijing.
Whois records will be verified
But the new RAA is not all friction.
ICANN and registrars have finally come to agreement on important topics where there was previously sharp divergence.
Registrars have agreed to a new Whois Accuracy Program Specification that is a lot weaker than ICANN had, working from a blueprint laid out by governments and law enforcement agencies, first asked for.
Under the 2013 RAA signed-up registrars will have to start verifying certain elements of the contact information submitted by their registrants.
Notably, there’ll be a challenge-response mechanism for first-time registrants. Registrars will ask their customers to verify their email address or enter a code that has been sent to them via SMS text message or phone.
Note the “or” in that sentence. ICANN and law enforcement wanted registrars to do email “and” phone verification, but ICANN appears to have relented after months of registrars yapping about costs.
In future practice, because email verification is far easier and cheaper to implement, I’d be surprised if phone verification is used in anything but the rarest of cases.
Other data points will also be verified, but only to see that they conform to the correct formats.
Registrars will have to make sure that mailing addresses meet the Universal Postal Union standards, and that phone numbers conform to International Telecommunications Union formatting, for example.
They’ll also have to verify that the street address exists (if they have access to that data) but there will be no obligation to make sure that address and phone number actually belong to the registrant.
Registrants that provide patently false information that fails registrar verification will get 15 days to correct it or face the suspension of their domains.
ICANN wants registrars to also verify their customer records (which are usually different to the Whois records and, anecdotally, more accurate anyway) too, but registrars have so far not agreed to do so.
Taken as a whole, at first reading it’s difficult to see how the new Whois verification spec will do anything to prevent fast-turnover abuse such as phishing, but it may go a small way to help law enforcement investigate longer-term scams such as counterfeit goods sites.
The proposed 2013 RAA, along with more explanatory documents than you could possibly read in a coffee break is now open for public comment, with the reply period closing shortly after the Beijing meeting.

Go Daddy cozies up new gTLD players, drops its own .home and .casa bids

Go Daddy has changed tack in its new gTLD strategy, dropping its own applications and positioning itself strongly as a registry-neutral channel to market.
The company spent yesterday wooing new gTLD applicants at a specially convened meeting in its native Arizona; there were representatives from about half of the applied-for gTLDs in attendance.
But apart from the fact that Go Daddy has withdrawn its applications for .home and .casa — and symbolically dropped the “.com” from its logo — the company is playing its strategy pretty close to its chest.
Director of policy planning James Bladel told DI that the meeting was more about “starting a conversation” with registries, rather than laying out Go Daddy’s specific plans for new gTLDs.
The company will be a hugely important channel to market for many gTLDs, and competition for store-front space on the Go Daddy home page is expected to be fierce.
Existing big-volume “new” TLDs, such as .info and .co, can attribute much of their success to Go Daddy.
It’s responsible for well over half of all .info domains registered today and .CO Internet’s success to date can no doubt be attributed in no small part to its strong relationship with the company.
But Bladel would not be drawn on Go Daddy’s specific plans for the next wave of gTLDs.
While the company has a patent on a method of allocating shelf space via an Adsense-style bidding technology, Bladel said Go Daddy has not yet decided whether to use that system.
The company could also use other methods, algorithmic rather than commercial, for selecting which TLDs to display to users, such as geographic location, he said.
Another conversation that needs to happen relates to launch timing.
Ideas may include staggering launches to benefit from joint marketing efforts, or pooling launches into big-draw “launch day” events, Bladel speculated, noting that the company is more interested in hearing ideas from gTLD applicants right now.
While Go Daddy will continue to push its application for .godaddy dot-brand, with the loss of .home and .casa it will no longer be in the mass-market gTLD registry game.
Registry-neutral registrars may actually be a rarity in the new gTLD era.
eNom will certainly walk away with interests in more than a few gTLDs, directly and via its deal with Donuts. Tucows, Web.com and Directi will also have some, depending on contention set results.
Apart from Go Daddy, the only other top-ten registrars without their own gTLDs could be United and FastDomains.

Told you so? Four new gTLDs given geographic surprise, others given a pass

Four new gTLD applications have been told by ICANN the strings they wanted are geographic and will require government backing if they want to be approved.
One of the affected applicants is Tata, the $100bn Indian conglomerate.
During a webinar this week, ICANN reported the results of its new gTLD program’s Geographic Names Panel, which decides whether applicants need the support of governments or not.
Six applicants that had designated their applied-for string as geographic were ruled to be actually non-geographic. Three applicants that said they weren’t geographic were ruled to be, in fact, geographic.
And four strings DI had previously said were likely to be ruled geographic, actually received a pass.
These are the applications that have been told they’re geographic:

• .bar — This was applied for by two applicants (one of which was a Demand Media subsidiary) as a TLD for drinking establishments. But “Bar” is also a commune of Montenegro, so it’s been deemed a geographic string by ICANN.
• .tata — This is a dot-brand applied for by Tata Group, the 150-year-old, $100bn-a-year Indian conglomerate. But “Tata” is also a province of Morocco.
• .tui — Applied for by TUI AG as a dot-brand, the string is also a province of Burkina Faso.

Geographic gTLDs can only be approved with the formal support or non-objection of the relevant governments.
All three of these strings were highlighted in the DI PRO database as potentially problematic geographic gTLDs over a year ago, well before the new gTLD application window closed.
I even reported for The Register in January 2012 that .tata was going to have problems.
According to ICANN’s Application Guidebook, any string that matches something on the various International Standards Organization’s lists of geographic names will be deemed geographic for new gTLD approval purposes.
But we got it wrong on some counts.
For example, we wondered whether the seven applications for .store were going to be ruled geographic, on the basis that Štore (note the accent) is a municipality of Slovenia.
Also, .delta, .est and .capital match regions of Nigeria, Burkina Faso and Denmark and all appear on the same protected ISO 3166 list as .tata, .tui and .bar, but do not appear to have been ruled geographic.
ICANN has not published the rationale behind its panel’s decisions yet.
A further six applied-for gTLD strings that had been designated geographic by their applicants were ruled to be not, in fact, geographic.
These all appear to be abbreviations of place names, or place names that do not appear on protected lists: .frl, .ist, .ryukyu, .scot, .vegas and .zulu.
There’s no real harm to applicants that find themselves in this position.

PICs could be Beijing deal-breaker for new gTLDs

ICANN’s Governmental Advisory Committee may delay the approval of new gTLDs if applicants don’t submit Public Interest Commitments tomorrow.
That’s the message coming out of ICANN today, on the eve of the deadline for PICs submission set less than one month ago.
PICs, you will recall, are binding, enforceable commitments that new gTLD applicants are able to voluntarily add to their registry contracts with ICANN.
They’re meant to satisfy the GAC’s request for ICANN to tighten its grip on new gTLD registries and to give applicants a way to avoid GAC Advice and formal objections against their bids.
Applicants that commit to do whatever was asked of them in GAC Early Warnings, for example, may be able to avoid having the warning mutate into a full-blown GAC Advice kiss of death.
When ICANN announced the PICs idea a month ago, it gave applicants until March 5 to submit them. It intends to publish them on Wednesday for public comment and the GAC’s perusal.
But applicants are understandably nervous (to put it mildly) to comply, given that PICs would be enforceable via a dispute process that has yet to be written but could put their contracts at risk.
Responding to these concerns during a conference call today, ICANN CEO Fadi Chehade urged applicants to hit the deadline or risk the GAC delaying its Advice discussions beyond Beijing.
“I don’t think we can delay the submission of the PICs,” Chehade said. “If we do, then we will definitely not have the GAC come back to use with their committed advice in Beijing.”
“Unless we want to get them to do this advice beyond Beijing, we should stick with the 30 days or so we’ve asked people to get this done and make it happen,” he said.
The Beijing meeting runs April 7 to 11. The GAC is expected to issue its advice shortly after the meeting ends.
ICANN reckons it will be able to start approving new gTLDs April 23, but has also stated on numerous occasions that it will not approve anything before the GAC has spoken.
Chehade said today, based on his conversations with influential GAC members, that pushing the PICs deadline out beyond March 5 by even a few days would seriously endanger the current GAC Advice timeline.
New gTLD applicants are now in the tricky position of having to decide between potentially costly delays today and an unknown dispute system that could prove dangerous in future.

ICANN to publish unfinished RAA tomorrow

ICANN will tomorrow publish for public comment a version of the 2013 Registrar Accreditation Agreement that accredited registrars have not yet agreed to.
CEO Fadi Chehade told a conference call of registries and new gTLD applicants as much this afternoon, causing the Registrars Stakeholder Group to immediately state that talks have not finished yet.
However, ICANN subsequently confirmed the plan to DI, clarifying that the documents it will publish tomorrow will highlight ongoing points of divergence between ICANN and the RrSG.
The posting will comprise documents with “competing text identified that shows the similarities and differences in position between ICANN and the Registrar [Negotiating Team”, ICANN said.
I believe that the publication has been set for tomorrow to allow ICANN to hit its public comment deadlines for the big Beijing public meeting next month.
The posting was apparently agreed to at a meeting between the registrars and ICANN on Friday.
While the two sides have come to agreement on most of the changes to the RAA, sticking points remain despite now-daily talks.
I understand that a proposed unilateral right of amendment in ICANN’s favor is currently a big barrier to final agreement.