Porn blocks could be worth millions to MMX

Minds + Machines could find itself making millions of dollars a year out of non-resolving defensive registrations in its recently acquired portfolio of porn-themed gTLDs.
The company recently announced the launch of AdultBlock and AdultBlock Plus, which will enable trademark owners to prevent anyone else registering their marks, and variants thereof, for up to 10 years.
Running the numbers, and taking into account MMX’s already substantial established client base for such services, AdultBlock could bring in as much as $11 million a year. But it’s almost certainly going to be much less than that.
The company won’t disclose it’s exact pricing for AdultBlock, or its revenue estimates, but it’s possible to do some back-of-the-envelope calculations and come to some ball-park guesses.
MMX has said that it’s pricing the service such that customers should be able to see a 35% saving compared to the cost of registering a single string across all four of its porn TLDs
The company acquired .xxx, .porn, .adult and .sex when it bought ICM Registry last year.
The wholesale fee for each of the four is believed to be about $68 a year. From this, we can calculate that the wholesale price of AdultBlock may well be around the $175-a-year mark.
There’s some room for error here, as MMX hasn’t revealed precisely how it came to its 35% number, but I think we can safely say we’re looking at $150 to $200 a year. For the purposes of this envelope, let’s split the difference and assume it’s $175.
It’s quite a high number, a bit like a recurring sunrise fee for a domain that you don’t even get to use.
But how many domains can MMX expect to be blocked?
A low-ball estimate could be modeled on the .porn/.adult/.sex sunrise periods.
.porn launched in 2015 and gathered 2,091 sunrise registrations, according to ICANN records, making it one of the largest new gTLD sunrise periods. The other two TLDs weren’t far behind.
If that’s a good guide for AdultBlock uptake, we’re talking about a piddling $360,000-a-year business.
But MMX has a secret weapon that it inherited from .xxx.
When .xxx launched back in 2011, it kicked off with two sunrise periods. Sunrise A was for trademark owners in the porn business who wanted to use their .xxx names. Sunrise B was for everyone else, who didn’t.
In Sunrise B, brand owners paid $162 (plus their registrar’s markup) to block their domains for a flat period of 10 years.
Customers couldn’t use their domains. They were registered to ICM and used specially designated ICM name servers to resolve to a standard, non-monetized placeholder page stating “This domain has been reserved from registration.”
There are over 80,000 domains using these name servers, but about 15,000 of those represent names of celebrities, cities, and religiously and culturally sensitive terms that ICM culled from Wikipedia and unilaterally reserved to help avoid a tabloid crucifixion if mileycyrus.xxx ever started bouncing children to something pornographic, such as one of her music videos.
(As an aside, I think it’s worth mentioning that the .xxx zone file only has 93,000 names in it. These means about nine out of 10 live .xxx domains are reserved by the registry.)
So we’ve got 65,000 trademarks that are currently blocked in .xxx, and they’re all going to expire in 2021 because ICM only sold blocks for the duration of its original 10-year ICANN contract.
If all 65,000 domains are upgraded to AdultBlock, the service would be worth over $11 million a year, to a company currently reporting annual revenue around $15 million.
But they won’t.
You don’t have to scroll too far down the .xxx zone file (and I didn’t) to discover some absolute garbage, no doubt the result of scaremongering around the 2011 .xxx launch.
I mean, seriously, look at some of this Sunrise B guff:

100percentwholewheatthatkidslovetoeat.xxx, 101waystoleaveagameshow.xxx, 1firstnationalmergersandacquisitions.xxx, 1stchoiceliquorsuperstore.xxx, 2bupushingalltherightbuttons.xxx, 247claimsservicethesupportyouneed30minutesguaranteed.xxx, 3pathpowerdeliverysystembypioneermagneticsinc.xxx

I think we’re going to be looking at a significant junk drop of blocked domains come 2021.
That said, I think MMX may have a psychological advantage here, when it comes to persuading Sunrise B users to “renew”.
Who hasn’t renewed a domain name they strongly suspect they will never use or sell, simply because they couldn’t bear the thought of somebody else owning “their” domain?
An additional consideration for brand owners is that these Sunrise B names are going to show up on drop-lists when they are eventually deleted from the .xxx zone file, perhaps giving inspiration to cybersquatters.
This is a fantastic opportunity for MMX and brand protection registrars to put the hard sell on its Sunrise B customers to “renew” their blocks by upgrading to the new and improved AdultBlock service, which could cost literally 10 times more than what they originally signed up for.
AdultBlock is of course more comprehensive than Sunrise B. It covers three additional TLDs, for starters, and customers can pay a little more for potentially thousands of potential homographs (non-Latin-script domains that look almost identical to the original) to also be blocked.
MMX isn’t waiting until 2021, however. It’s currently offering companies that buy a 10-year-block before the end of 2019 the AdultBlock+ service for the price of the vanilla, no-variants offering.
Existing Sunrise B customers have until the same deadline to purchase the new service without having to have their trademarks re-verified, which carries an additional fee.
For those that miss this early-bird offer, come December 2021, the holders of up 65,000 trademarks are going to face a stark choice: sign up to pay a couple hundred bucks a year, or risk their brands being snapped up by pornsquatters.

PwC wants to be your Whois gatekeeper

PricewaterhouseCoopers has built a Whois access system that may help domain name companies and intellectual property interests call a truce in their ongoing battle over access to private Whois data.
Its new TieredAccess Platform will enable registries and registrars to “outsource the entire process of providing access to non-public domain registration data”.
That’s according to IP lawyer Bart Lieben, partner at the Belgian law firm ARTES, who devised the system and is working with PwC to develop it.
The offering is designed to give trademark lawyers access to the data they lust after, while also reducing costs and mitigating domain name industry liability under the General Data Protection Regulation.
TieredAccess would make PwC essentially the gatekeeper for all requests for private Whois data (at least, in the registries plugged into the platform) coming from the likes of trademark owners, security researchers, lawyers and law enforcement agencies.
At one end, these requestors would be pre-vetted by PwC, after which they’d be able to ask for unredacted Whois records using PwC as an intermediary.
They’d have to pick from one of 43 pre-written request scenarios (such as cybersquatting investigation, criminal probe or spam prevention) and assert that they will only use the data they obtain for the stated purposes.
At the other end, registries and registrars will have adopted a set of rules that specify how such requests should be responded to.
A ruleset could say that cops get more access to data than security researchers, for example, or that a criminal investigation is more important than a UDRP complaint.
PwC has created a bunch of templates, but registrars and registries would be able to adapt these policies to their own tastes.
Once the rules are put in place, and the up-front implementation work has been done to plug PwC into their Whois servers, they wouldn’t have to worry about dealing with Whois requests manually as most are today. The whole lot would be automated.
Not even PwC would have human eyes on the requests. The private data would only be stored temporarily.
One could argue that there’s the potential for abusive or non-compliant requests making it through, which may give liability-nervous companies pause.
But the requests and response metadata would be logged for audit and compliance, so abusive users could be fingered after the act.
Lieben says the whole system has been checked for GDPR compliance, assuming its prefabricated baseline scenarios and templates are adopted unadulterated.
He said that the PwC brand should give clients on both sides “peace of mind” that they’re not breaking privacy law.
If a registrar requires an affidavit before releasing data, the assertions requestors make to PwC should tick that box, he said.
Given that this is probably a harder sell to the domain name industry side of the equation, it’s perhaps not surprising that it’s the requestors that are likely to shoulder most of the cost burden of using the service.
Lieben said a pricing model has not yet been set, but that it could see fees paid by registrars subsidized by the fees paid by requestors.
There’s a chance registries could wind up paying nothing, he said.
The project has been in the works since September and is currently in the testing phase, with PwC trying to entice registries and registrars onto the platform.
Lieben said some companies have already agreed to test the service, but he could not name them yet.
The service was developed against the backdrop of ongoing community discussions within ICANN in the Expedited Policy Development Working group, which is trying to create a GDPR-compliant policy for access to private Whois records.
ICANN Org has also made it known that it is considering making itself the clearinghouse for Whois queries, to allow its contracted parties to offload some liability.
It’s quite possible that once the policies are in place, ICANN may well decide to outsource the gatekeeper function to the likes of PwC.
That appears to be what Lieben has in mind. After all, it’s what he did with the Trademark Clearinghouse almost a decade ago — building it independently with Deloitte while the new gTLD rules were still being written and then selling the service to ICANN when the time came.
The TieredAccess service is described in some detail here.

Brand kills off gTLD that is actually being USED

Two more companies have told ICANN they’ve changed their minds about running a dot-brand gTLD, including the first example of a TLD that is actually in use.
Dun & Bradstreet has said it no longer wishes to launch .duns, and Australian insurance company iSelect has had enough of .iselect.
Both companies filed to voluntarily terminate their ICANN registry agreements in March, and ICANN published its preliminary decision to allow them to do so this week.
While business data provider D&B never got around to using .duns, .iselect has had dozens of active domains for years.
The company started putting domains in its zone file about three years ago and had over 90 registered names at the last count, with about a dozen indexed by Google. That’s a quite a lot for a dot-brand.
It is using domains such as home.iselect, news.iselect and careers.iselect as redirects to parts of its main corporate site, while domains such as gas.iselect, creditcards.iselect and health.iselect send customers to specific product pages.
They all redirect to its main iselect.com.au site. There are no web sites as far as I can tell that keep visitors in the .iselect realm.
I’m pretty certain this is the first example of a voluntary contract termination by a dot-brand that is actually in active use.
There have been 52 such terminations to date, including these two latest ones, almost all of which have been dot-brands that never got out of the barn door.
That’s over 10% of the dot-brands that were delegated from the 2012 gTLD application round.

Smaller registrars say .uk release is biased towards the Big Boys

A group of small .uk registrars have complained to Nominet that the imminent release of three million second-level .uk domain names is biased towards their deep-pocketed rivals.
So far, 33 registrars have signed a petition, penned by Netistrar’s Andrew Bennett, against Nominet’s rules.
On July 1, the registry plans to start releasing .uk 2LDs that are currently reserved under its five-year-long grandfathering program.
These are domains that match existing third-level domains in .co.uk, .org.uk, etc.
The 3LD registrants have until 0500 UTC on June 25 to claim their 2LD matches. A week later, Nominet will start releasing them in alphabetical batches of 600,000 per day, over five days, to the available pool.
It’s going to be a little like “the drop” in gTLDs such as .com, with registrars all vying to pick up the most-valuable names as soon as they are released.
In the gTLD space, each registrar is given an equal number of connections, which is why drop-catch specialists such as SnapNames own hundreds of registrar accreditations.
Nominet’s doing it a little different, instead throttling connections based on how much credit registrars have with the registry, which the petitioners believe rigs the system towards the registrars with the most money.
According to the Nominet, registrars with £450 of credit get six connections per minute, rising to nine per minute for those with £4,500, 60 per minute for £45,000 and, at the top end, 150 per minute for registrars with £90,000 stashed in the Bank of Nominet.
Larger registrars with multiple Nominet accreditations, known as “tags” in the .uk space, will be able to stack their connections for an even greater chance at grabbing the best names.
Registrars such as GoDaddy are already taking pre-orders and will auction off the domains they catch to the highest bidder, if there are multiple pre-orders for the same names, so there’s potentially a fair bit of money to be made.
The small registrars say these credit-based rules are “disproportionately unfair” to their business models.
They point out that it doesn’t make much sense to rate-limit connections based on their proven ability to pay, given that there’s no link between how many they plan to register in the crucial first minute after the drop and how many they intend to register overall.
Nominet says on its web site that the tiers as described are provisional and will be firmed up the week of June 24.
The petitioners are also bothered that Nominet has not made any EPP code available to help the smaller guys, which have fewer engineering resources, to adjust to this temporary, time-sensitive registration system, and that the release plan was not communicated well to registrars.
They further claim that Nominet has not conducted enough outreach to .uk registrants to let them know their grandfathered rights will soon expire.
Many well-known brands have yet to claim their trademark.uk names, they claim.
Nominet has previously told DI that it planned to advertise the end of grandfathering in the press and on radio in the run-up to the release.

These 27 companies have ditched the .com for their dot-brand

Earlier today, I listed what I believe might be the top 10 dot-brand gTLDs with the most active web sites, but noted that it was probably a rubbish way to gauge the success of the dot-brand concept.
As a follow-up, I thought I’d figure out which brands have taken the bold step of ditching the .com and made their dot-brand their primary web destination.
I found 27 TLDs, which is simultaneously not a lot and easily twice as many as I was expecting.
The most-popular second-level string was “home”, with 12 examples. The string “global” occurs five times on the list.
I did this research manually with Google and a list of 275 dot-brands — anything with Spec 13 in its contract and more than two domains in its zone file — culled from my database.
To get on this list, at least one of the following had to be true:

• The dot-brand was the top hit on Google when searching for the brand in question.
• The .com redirects to the dot-brand.

Sometimes I had to factor out Google’s enormously irritating habit of localizing results, which would prioritize a .uk domain, particularly in the case of automotive brands.
On a few occasions, if I could not be certain whether the “official” primary site was in a ccTLD or the dot-brand, I used the brand’s Wikipedia page as a tie-breaker.
Some entries on the list may be a bit debatable.
I’m not sure whether .barclays should be there, for example. There’s little doubt in my mind that barclays.co.uk is the site that the majority of Barclays’ banking customers use, but barclays.com redirects visitors to home.barclays, so it fits my criteria.
In general, I’ve erred on the side of caution. If the top search result was for the brand’s .com, it was immediately ruled out, no matter how enthusiastic a dot-brand user the company otherwise appeared to be.
Here’s the list. Please let me know if you think I’ve missed any.
[table id=57 /]
Twenty-seven gTLDs is not a great many, of course, considering that some dot-brands have been delegated for half a decade already.
It’s about half as many as have already torn up their ICANN registry agreements, and it represents less than 6% of the new gTLDs that my database says have Spec 13 in their contracts.
But I reiterate that this is not a list of companies using their dot-brands but rather of those apparently putting their .com firmly in the back seat to their dot-brand.

These are the 10 most-used dot-brands

This article was deleted October 1, 2019 after numerous errors were discovered.

EURid inks trademark protection deal for non-trademark owners

.eu registry EURid is partnering on an alerts service for would-be trademark owners.
The company this week announced a deal with the EU Intellectual Property Office that will see applicants for European trademarks being able to receive alerts if and when somebody else registers the .eu domain matching their desired mark.
EURid said in a statement:

Some people have taken advantage of early publication of EUTM applications and registered the EUTM as a .eu domain name in bad faith. Effectively reducing the risk of such cyber-squatting infringements requires adopting preventive actions such as raising awareness and pro-actively informing the EUTM holders.
As of 18 May, holders and applicants of a EUTM can opt-in to receive alerts as soon as a .eu domain name is registered that is identical to their EUTM (application). By receiving such alert, EUTM holders are informed much faster and may take appropriate action much sooner.

It sounds a little like the Trademark Claims service new gTLD registries are obliged to offer during their launch, but for companies that not not yet actually own the trademarks concerned.
Offered by EUIPO itself, the service is also available to holders of EU trademarks.

Got a spare three grand? For a limited period, you can buy a .th domain name

The Thailand ccTLD registry’s unusual, and unusually expensive, approach to selling second-level domains has seen .th open up for another limited-period application window.
Until June 30, anyone can pay THNIC Foundation a THB 10,000 ($313) fee to “apply for” a 2LD.
Each application will be manually reviewed, and successful registrants will be notified July 8.
But be warned: the fee for the first year and subsequent annual renewals is an eye-watering THB 100,000 ($3,130).
Trademark owners and owners of matching .co.th domains will get priority in the event of clashes with regular would-be registrants.
THNIC has been using this strange approach to second-level domain allocation — which looks more like a series of sunrise periods that never culminate in general availability — in sporadic, brief rounds for the last five years.
Most ccTLD registries with a legacy three-level structure — such as .uk, .jp and .nz — have opted to instead make 2LDs available in much the same way as 3LDs.

Brand-blocking service plotted for porn gTLDs

MMX wants to offer a new service for trademark owners worried about cybersquatting in its four porn-themed gTLDs.
The proposed Adult Block Services would be similar to Donuts’ groundbreaking Domain Protected Marks List and the recent Trademark Sentry offering from .CLUB Domains.
The service would enable big brands to block their marks from registration across all four TLDs for less than the price of individual defensive registrations.
Prices have not been disclosed, but a more-expensive “Plus” version would also allow the blocking of variants such as typos. The registry told ICANN:

The Adult Block Services will be offered as a chance for trademark owners to quickly and easily make labels unavailable for registration in our TLDs. For those trademark owners registering domain names as a defensive measure only, the Adult Block Services offer an easy, definitive, and cost-effective method for achieving their goals by offering at-a-stroke protection for TLDs included in the program. The Adult Block Services are similar to the Donuts’ DPML, Uniregistry’s EP and EP Plus and the .Club UNBS and should be immediately understood and accepted by the trademark community.
The Adult Block will allow trademark owners to block unregistered labels in our TLDs that directly match their trademarks. The Adult Block Plus will allow trademark owners to block unregistered, confusingly similar variations of their trademarks in our TLDs.

It seems more akin to DPML, and Uniregistry’s recently launched clone, than to .CLUB’s forthcoming single-TLD offering.
The Registry Service Evaluation Process request was filed by ICM Registry, which was acquired by MMX last year.
It only covers the four porn gTLDs that ICM originally ran, and not any of the other 22 gTLDs managed by MMX (aka Minds + Machines).
This will certainly make the service appear less attractive to the IP community than something like DPML, which covers Donuts stable of 242 TLDs.
While there’s no public data about how successful blocking services have been, anecdotally I’m told they’re quite popular.
What we do have data on is how popular the ICM gTLDs have been in sunrise periods, where trademark owners showed up in higher-than-usual numbers to defensively register their marks.
.porn, .adult and .sex garnered about 2,000 sunrise regs each, more than 20 times the average for a new gTLD, making them three of the top four most-subscribed sunrise periods.
Almost one in five of the currently registered domains in each of these TLDs is likely to be a sunrise defensive.
Now that sunrise is long gone, there may be an appetite in the trademark community for less-expensive blocks.
But there have been calls for the industry to unify and offer blocking services to cover all gTLDs.
The brand-protection registrar Com Laude recently wrote:

What brands really need is for registry operators to come together and offer a universal, truly global block that applies across all the open registries and at a reasonable price that a trademark owner with multiple brands can afford.

Quite how that would happen across over 1,200 gTLDs is a bit of a mystery, unless ICANN forced such a service upon them.

ICANN to host first-ever high-stakes dot-brand auction

Two companies that own trademark rights to the same brand are to fight it out at an ICANN auction for the first time.
Germany-based Merck Group will fight it out for .merck with American rival Merck & Co at an auction scheduled to take place July 17.
Because it’s an ICANN “last-resort” auction, the value of the winning bid will be disclosed and all the money will flow to ICANN.
It will be the first ICANN gTLD auction for three years, when a Verisign proxy agreed to pay $135 million for .web.
The two Mercks could still avoid the ICANN auction by resolving their contention set privately.
The German Merck is a chemicals company founded in 1668 (not a typo) and the US Merck was founded as its subsidiary in the late 19th century.
That division was seized by the US government during World War I and subsequently became independent.
The German company uses merckgroup.com as its primary domain today. The US firm, which with 2018 revenue of over $42 billion is by far the larger company, uses merck.com.
Both companies applied for .merck as “community” applicants and went through the Community Priority Evaluation process.
Neither company scored enough points to avoid an auction, but the German company had the edge in terms of points scored.
Both applications then found themselves frozen while ICANN reviewed whether its CPE process was fair. That’s the same process that tied up the likes of .gay and .music for so many years.
While the July auction will be the first all-brand ICANN auction, at least one trademark owner has had to go to auction before.
Vistaprint, which owns a trademark on the term “webs” was forced to participate in the .web auction after a String Confusion Objection loss, but due to the technicalities of the process only had to pay $1 for .webs.