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Over the last few months one of the areas of attention in the new TLD project has been "closed generics". I've written about this several times in the past and I've also raised the issue in as many fora as possible. Yesterday ICANN published a letter they'd received from Google with respect to several of their new TLD applications. more
With much fanfare last month, Uniregistry announced that proposals for dispute resolution between New TLD applicants in lieu of ICANN's so-called "Auction of Last Resort" posed significant antitrust risks. Their claim of concern was not based on any critical antitrust analysis, but rather on the fact that they had sought a "Business Review" letter from the Antitrust Division of the U.S. Department of Justice (DOJ), and, according to Uniregistry, the DOJ failed to provide them a positive response and discussed the issue with them. more
Do you agree this is a critical time for many of the original 1930 applications to ICANN to operate a gTLD Registry. How has The "Fadi Effect" contributed to those Applicants' Key Dates, Decisions, Dilemmas and their Critical Path to success or a costly Delay. The first step along the path for each applicant is the need to respond to its Clarifying Questions (CQs), particularly the Financials ones. As of today a small number of global brand applicants have already been withdrawn, reducing the number of applications to 1905. Were their applications' unprepared? more
(The following is an edited version of comments I submitted to ICANN regarding "closed" generic TLDs.) On February 5th, ICANN solicited comments on whether ICANN should determine the circumstances under which a generic TLD operator is permitted to adopt "open" or "closed" registration policies. Allowing gTLD operators to make these determinations, as opposed to ICANN, will promote innovation on the Internet to the benefit of consumers. more
Some pretty big companies are beginning to show an active interest in ICANN's new TLD project. The most recent of them is bookseller Barnes & Noble. The letter, which is available both on the ICANN website, is quite narrow and pointed in its scope and focusses on the perceived competition issues with Amazon's bids for several "closed generics". more
There has been an upsurge in brands withdrawing their applications. The timing undoubtedly is due to the deadline of 70% refund of the $185k application fee. But why are so many of the withdrawals .brand/closed generics? Having been involved in drafting of financial projections for over 50 applications and having answered a number of financial Clarification Questions, I believe that the major reason why there is an acceleration in .brands, especially closed ones, is that they are receiving a large number of CQs... more
If you are a new gTLD applicant, or if you follow ICANN, or if you just like being in a constant state of confusion, then the recent barrage of ICANN activity has probably been enough to make your head spin. Let's take a look at what we have hurtling towards us, like an out-of-control asteroid, in the next month. more
My third installment regarding gTLD objections - and understanding exactly what's required for an objector to prevail - moves to the more complex community-based objections. For those getting their first exposure to this unwieldy beast, pull up a chair and get comfortable. The community objection involves multifaceted elements, each having its own set of defining factors and often using similar terminology in different contexts. As such, it can be very confusing and one can easily lose track of the bigger picture. more
New top-level domain applicants are getting plenty of advice nowadays about how to launch their new Registry. In addition to thinking about their branding and distribution, they should also be thinking about their business practices with Registrars. What many of them do not realize is that their cash flow practices, with respect to Registrars, may be a factor of whether ICANN Registrars even support their Registry. more
A letter sent earlier this month by the ICANN Board to the Governmental Advisory Committee (GAC) should cause every new gTLD applicant's ears to prick up. Having been through every one of the applications for 1,396 different Internet extensions, the world's governments not only issued formal warnings for 199 of them, but also asked what mechanisms were in place to make sure that people did what they said they would in their applications. more
ICANN CEO Fadi Chehade gave an alarming assessment of the state of the New gTLD program... It was admirable for Mr. Chehade to stand up and talk frankly about the state of the New gTLD program. It is important for everyone going through the process of applying for a New gTLD to understand the constraints and limitations that ICANN is dealing with as it tries to implement the program, as well as the wider Internet community that will be affected by the new extensions. more
A comment period on the "strawman", a proposal to update the Trademark Clearinghouse (TMCH), is currently underway. Originally planned to end on January 11, it has been extended by ICANN to February 5. The comment portal has so far received 89 email contributions. A fair number, but the real story is how many major brands have spoken out on the proposed amendments to the TMCH model. more
My recent post on private auctions for new gTLDs under contention generated many responses from applicants. Here I follow-up with answers to the questions raised... Many, but certainly not all, applicants have a strong motivation to participate in a private auction. This incentive is especially strong for domains for which the community, geographic, and other factors are not compelling. more
Thank goodness for Monday's new gTLD draw!!! To date the process has been more of an intellectual exercise in marketing, technology, and strategic game thinking - it was getting a little boring. A business needs to see regular 'wins' to keep momentum and stay motivated. The presumptive lineup of new gTLDs has now been established which has given most applicants (save those poor souls looking at 2015 as their launch year) a clear view of the starting gate. more
The gTLD Prioritization "Draw" was a mistake. But its negative impact can still be mitigated. The best course of action follows directly from information that can be gleaned from available data. Let us start with the latest piece of intelligence: who "played" in the "Draw"? 1766 of 1917 applications had a lottery ticket. This is much worse than expected. Very few abstained. Even the purely defensive applicants saw no other choice but to "play". more
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