New Top-Level Domain Application Period Delayed

January 5, 2009 – 10:48 am by Fred Felman

 

The top-level domain process is going forward but will likely be delayed.  Original estimates were that the application process would begin this spring.  However, in an advertisement in the current issue of the Economist magazine, ICANN stated that the new top-level domain process will commence in the second half of 2009.

 

The advertisement appears to promote new top-level domains and solicit public comment.  ICANN indicated that there will be a second comment period early in 2009 but has not yet published responses to the previous comment period which were promised by year-end 2008.  Furthermore, the Economist advertisement states the primary benefit of new top-level domains is to open “innovation for business and billions of non-English speakers.”

 

Lastly, and perhaps most importantly, ICANN states in the placement that they will be “holding brand conferences early in 2009 to discuss the issues.”  We encourage our customers to join these events and participate.

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Tags: Domains, gTLDs, icann

New gTLDs: How Did We Get Here?

December 22, 2008 – 10:30 am by Elisa Cooper

To date, ICANN has now received more than 175 comments on the Draft Applicant Guidebook for the introduction of new gTLDs. Large multi-national corporations, trade organizations, law firms, and governmental and regulatory agencies were among those responding, with many of the businesses and intellectual property owners voicing harsh criticism.

The bigger question is how DID we get to this point?

After years of thought and discussion, the Generic Names Supporting Organization (GNSO)—one of the groups responsible  for coordinating global Internet policy at ICANN—completed its policy development work on new gTLDs and approved a set of recommendations. In June of 2008, the ICANN Board of Directors adopted this policy.

So now the question becomes, who comprises the ICANN Board of Directors and how were they appointed?

Two of the ICANN Board seats were appointed by the GNSO (Generic Names Supporting Organization) which is designed to serve interests of Businesses, Registries, ISPs, Non-Commercial Interests, Registrars, and Intellectual Property Owners.

Two of the ICANN Board seats were appointed by the CCNSO (Country Code Names Supporting Organization). The purpose of the CCNSO is to engage and provide leadership in activities relevant to country-code top-level domains (ccTLDs).

Two of the ICANN Board seats were appointed by the ASO (Address Supporting Names Organization). The ASO advises the ICANN Board of Directors on policy issues relating to the allocation and management of Internet Protocol (IP) addresses

Eight of the ICANN Board seats were appointed by a nominating committee. This nominating committee is comprised of the following:

Additionally, six seats (1 per committee) were appointed by the following:

Finally, one seat is allocated for the President / CEO.

Based on the division of voting rights, It would appear that the rights of Businesses and Intellectual Property Owners, which are supposed to be represented by the GNSO (which is also designed to serve ISPs, Registries, and Registrars) are somewhat marginalized.

That said, the ICANN Board has recently approved a comprehensive plan for organizational reviews of ICANN’s structures, as well as of the Board. 

The following reviews are currently underway:

• Nominating Committee
• At-Large Advisory Committee
• DNS Root Server System Advisory Committee
• Board
• Security and Stability Advisory Committee

In the future, hopefully the rights of Businesses and Intellectual Property Owners will be better represented on the ICANN Board so that policies like the Introduction of New gTLDs can be reviewed more critically.

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Tags: Domains, icann, New gTLDs

Malware Attacks: Are Corporate Domain Portfolios at Risk?

December 9, 2008 – 12:32 pm by Elisa Cooper

Phishing attacks targeted at retail registrars are nothing new. But are malware attacks geared towards the managers of corporate domain portfolios the next likely target? After all, wouldn’t the fastest, most effective way to redirect website traffic be to update name servers, and/or DNS settings for a popular site?             

One likely scenario might be an instance where malware is downloaded from a seemingly harmless site (a site with domain rules and requirements for instance), and a keystroke logger is used to track logins and passwords for corporate domain name management portals. With this credential information, fraudsters could unlock and hijack domains, update name servers, or even change DNS settings - all which could potentially result in the downtime of a site, or even the proliferation of more malware to unsuspecting website visitors.             

One approach for thwarting these types of attacks is to restrict domain portal access by IP address. By doing so, only portal requests originating from a specified network would be allowed to login, update and modify domains.               

Making domains uneditable from within the portal, and requiring special high-security protocols for any change is another method for ensuring that valuable domains can not be updated or modified by fraudsters.             

Because the sophistication of malware attacks continues to grow, domain portfolio administrators should work with their domain registrars to ensure that the tightest security measures are in place to protect online presences.

Category: Domains, Security, Trademarks | No Comments »

Tags: domain management, malware

MarkMonitor Customer Response to New TLDs

November 20, 2008 – 1:58 pm by Fred Felman

 

Before it was apparent that ICANN was pursuing new Top-Level Domains (TLDs) and the publication of the Draft Applicant Guidebook (DAG) which explains the program, we heard no interest whatsoever from our customers on this subject.

 

Since the publication of the DAG, our customers have voiced confusion & anger.  They find the methodology complicated, the expense high, and, most importantly, a potential for abuse that is even greater than in the existing namespace.  As for the opportunity that TLDs present, our customers — most large brand rights holders — are not interested in applying for new TLDs, but may feel forced to do so under the circumstances.  Many of them feel compelled to protect their existing rights - at extreme expense.  Only a small minority of our customers to date have embraced the idea for marketing or other reasons.

 

Universally, every customer we’ve spoken to has expressed concern over the immense scale of trademark abuse in the existing namespace as well as the insufficiency of the tools & great expense of resolving this abuse. Moreover, they worry about the tangible damage to Internet users from fraud and other crimes that are enabled by this abuse.   With the new TLDs, they see much more abuse coming unless ICANN adopts better protections against systemic brand abuse.

 

Many customers asked us to help them make these concerns known to ICANN.  As a result, we are preparing a comment on behalf of our customers that highlight these issues and advocates measures that should help to address them.   We hope that our contribution will result in a more balanced approach that minimizes the expenditures required by our customers to fight brand abuse in the new TLDs.

 

Category: Domains, ICANN | 1 Comment »

Tags: Domains, icann, tlds, top level domains

Domain Management in the New, New New Economy

November 14, 2008 – 1:39 pm by Elisa Cooper

With the news of yet more corporate downsizing and consumer spending at all time lows, corporations should reevaluate their approach to domain name management. Specifically, companies should focus on ways to maximize portfolio values by selling unused generic registrations, improving website traffic by pointing defensive registrations to live sites, and implementing polices and procedures to ensure that new registrations support defined corporate objectives.

Selling Unused Generic Domains
Many corporate portfolios contain unused generic domains that were purchased years ago with the intent of use. In many instances, corporations are not even aware of the value associated with these “premium domains”. Any unused .com or .net domain containing one or two generic words should be appraised, and potentially sold if there is no plan for future use. With the release of new TLDs in 2010, the value of these domains may potentially decrease over time – so now may be the time to sell.

Improving Website Traffic
The bulk of corporate domain portfolios largely consists of defensive registrations which often include common misspellings, product names and abbreviations. Due to the continued rise in direct navigation to locate web content, directing traffic from these existing registrations to live sites is an easy way to increase the number of website visitors. Pointings can be updated through the use of DNS or a web forwarding solution.

Implementing Defined Domain Policies
Ensuring that defined policies related to what should be registered, which extensions should be covered, and who should have the final approval will help to reduce the number of superfluous registrations. Without defined policies in place, portfolio managers will err on the side of caution, registering any newly liberated ccTLD, even if it does not support online goals or objectives. Implementing a workflow approval process will also ensure that management is aware of domain expenditures, which will be important as budgets are tightened.

While the outlook for the current economy seems uncertain, portfolio managers can definitely play a key role in maximizing value and containing costs associated with domain names.

Category: Domains | No Comments »

Tags: domain management

ICANN - Draft Applicant Guidebook – Overview

October 27, 2008 – 5:01 pm by Fred Felman

 

Last week, ICANN released a draft of the Applicant Guidebook for new top-level domains.   The draft answers many of the questions our customers have asked.

 

Most rights holders will be immediately interested in the modules covering the application process and fees (module 1), evaluation procedures (module 2) and the dispute resolution period (module 3)*.  Those modules provide immediate answers to many important questions about eligibility, direct costs, how applications will be evaluated, and, very important to rights holders, how to object to other applications and under what circumstances they can do so.

 

One critical question that the draft answers is “what are the fees associated with application for a new top level domain?”  At $185,000 the fees were described as “hefty” by CircleID, though many of our customers have expressed relief that the costs are high.  Such a high bar could discourage speculation, hopefully. 

  

“Legal rights holders” should also take some comfort in the fact that the objection process allows rights holders to object to the misuses of their trademarks and that the party that does not prevail in any dispute will bear the cost of the proceedings.  This should further discourage blatant disregard for intellectual property rights by TLD applicants. 

 

The big question for rights holders is what will happen to second-level brand abuse within these new top level domains.  Many rights holders are very concerned about how they will protect their rights within these new top level domains and see this as one of their largest concerns – a topic MarkMonitor will cover in a subsequent blog entry.

 

The draft guidebook leaves some important unanswered questions and brings to light many issues that should be concerns to brand holders.   Overall, the draft document is a step in the right direction in terms of informing the public about the new top level domains and how they’ll be parceled-out.

 

*The 97 page Application Guidebook is organized into the following “modules”**:

 

Module 1:  Introduction to the Application Process

Provides an overview of the application process, documentation requirements,

and fees

 

Module 2:  Evaluation Procedures

Describes the various reviews that occur during the evaluation process and

criteria for approval of applications

 

Module 3:  Dispute Resolution Procedures

Contains the grounds for formal objection by third parties concerning gTLD

applications submitted, and the dispute resolution procedure triggered by an

objection

 

Module 4:  String Contention Procedures

Describes mechanisms for resolving contention when there is more than one

qualified applicant for identical or similar gTLD strings

 

Module 5:  Transition to Delegation

Describes the final steps required of an applicant, including execution of a

registry agreement and completion of pre-delegation tests

 

Module 6:  Terms and Conditions

Contains the terms and conditions applicable to all entities submitting an

application

 

Glossary:

 Contains definitions for terms used in the Applicant Guidebook

 

**Modules and descriptions are quoted directly from the Draft

 

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Tags: Domains, gTLDs, icann, top level domains

ICANN Reveals More Detail about New TLDs

October 24, 2008 – 9:26 am by Fred Felman

Today ICANN posted their gTLD Applicant Guidebook  which presents the details on how communities and companies can apply for a new Top Level Domain.

The 97-page document states that the application fee is $185K US plus potential additional fees.  There are gaps in the document as to what will be refunded if an applicant withdraws their application.

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Tags: Add new tag, Domains, gTLDs, icann, top level domains

ICANN Announces 45-Day Comment Period on New TLDs Begins October 24th

October 23, 2008 – 11:24 am by Elisa Cooper

 

This week, ICANN announced the release of a series of draft papers that serve as explanatory memoranda for the not yet released Applicant Handbook.

 

These four papers are:

• Resolving String Contention – a complete lifecycle including String Contention Resolution
• Proposed Process for Geographic Names Applications
• Update to DNS Stability Paper – additional Technical Criteria Requirements, including Internationalized Domain Names (IDNs)
• Protection of Rights of Others in New gTLDs

An additional paper covering “Cost Considerations of the New gTLDs Program”, will be published with the Draft Applicant Guidebook before ICANN’s next international meeting in Cairo on November 2, 2008.

According to the ICANN website, a 45-day comment period covering the papers and the Applicant Guidebook will begin on October 24th, 2008.

You can find more information on the ICANN site.

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Tags: Domains, gTLDs, icann, top level domains

Kentucky Gambling Domains

October 21, 2008 – 3:14 pm by Elisa Cooper

Last month, a seizure and forfeiture order for 141 domains used to promote, conduct or advance illegal gambling was announced by the state of Kentucky. The list of 141 domains contained popular gambling sites including: fulltiltpoker.com, indiancasino.com, bet21.com, allslots.com, bodoglife.com, bookmaker.com, sportsbook.com, sportsbetting.com, superslots.com, pokerstars.com, doylesroom.com and goldenpalace.com.

Recently the State of Kentucky issued its opinion and order stating that because these domains are viewed as “gambling devices,” they are subject to seizure, and that because these domains have a “presence” in Kentucky, the court has jurisdiction over them.

Domain owners will have 30 days to block website access to Kentucky residents. If they do not comply, the case will proceed and these domains could potentially face permanent shut-down.

So what does this all mean?

·         Does Kentucky have the jurisdiction to seize these domain names?

·         What are the national and international ramifications should Kentucky succeed in this seizure order?

·         What threat does this action pose to the future of Internet freedom and technological innovation?

 

Answers to these questions remain to be seen.

Clearly however, the outcome of this case has the potential to fundamentally impact the way in which domain owners register and manage their portfolios. Moreover, this case has the potential to change the way in which Internet is policed today.

Category: Domains | No Comments »

Tags: Domains, legal

ICANN Top Level Domain Documentation Release - Prelim Schedule

October 17, 2008 – 12:36 pm by Fred Felman

 

According to the announcement, ICANN will NOT have finished the proposed document upon its release.  ICANN states that it will follow-up with more data at a later date.  The sections that will be included are: 

 

1. Introduction to the gTLD Application Process (including the application fee)
2. Evaluation Process
3. Objection and Dispute Resolution
4. String Contention
5. Transition to Delegation
6. Top Level Domain Allocation Terms and Conditions

The proposal and the gTLDs will be discussed in Cairo on Sunday afternoon, November 2, 2008, leaving little time for public review in advance of that gathering.

 

 

 

 

 

 

 

 

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Tags: Domains, icann, tlds