Jones Day will get hefty pay day defending ICANN new in top level domain name disputes.

Who will make the most money from ICANN’s introduction of new top level domain names?

It’s likely to be law firm Jones Day.

ICANN has already publicly stated that it’s setting aside about a third of the application fees from new top level domain names for legal issues.

Its latest applicant guidebook specifically states that Jones Day is likely to defend ICANN in any legal disputes regarding new top level domain names.

A clause in the terms and conditions states:

Applicant understands that ICANN has a longstanding relationship with Jones Day, an international law firm, and that ICANN intends to continue to be represented by Jones Day throughout the application process and the resulting delegation of TLDs. ICANN does not know whether any particular applicant is or is not a client of Jones Day. To the extent that Applicant is a Jones Day client, by submitting this application, Applicant agrees to execute a waiver permitting Jones Day to represent ICANN adverse to Applicant in the matter…

Some of Jones Day’s clients that may apply for new TLDs include Apple, CBS, GE, and Verizon.

Applicants no longer asked to explain restrictions on domain name parking.

A controversial and intriguing addition to the previous applicant guidebook for new top level domain names has been deleted.

The April version included a new clause that applicants would have to explain “Will you impose any constraints on parked sites, or sites that offer only advertising?”

That clause has been struck from the May 30 version of the guidebook.

The question about domain parking for applicants wouldn’t have been scored as part of the application, but its inclusion didn’t make sense. It was basically asking if applicants would allow domain owners to use their domains in a narrowly commercial way.

If the guidebook were created twenty years ago, it may have asked “Will you impose any constraints on commercial activity on your domain names?”

After all, the original idea of this whole internet thing wasn’t e-commerce.

Companies still fall victim to anti-cybersquatting rule for new TLD applicants.

The latest (but certainly not final) version of the new top level domain name guidebook still includes a provision that, at least by the spirit of the clause, would prevent Go Daddy and Demand Media (NYSE: DMD) from applying for new top level domain names.

Section 1.2.1 of the May 20 release (large pdf) includes a laundry list of reasons why an applicant would be barred from registering a top level domain name, including if they have been “involved in of a pattern of adverse, final decisions indicating that the applicant or individual named in the application was engaged in cybersquatting.”

The guidebook defines this as three adverse decisions (including UDRP) including one in the past four years.

Both Go Daddy and Demand Media (which owns eNom) would be barred under this provision as they have multiple UDRP losses. Demand Media is clearly concerned about this provision.

That said, I still think there are loopholes that would allow these entities to apply.

Opportunity to get domain name advice during DOMAINfest Barcelona.

DOMAINfest is offering “Dine with an Expert” at next month’s conference in Barcelona. This program allows attendees to reserve a spot at the lunch table with a domain name expert during the conference.

The conference offered this program during its February show in Santa Monica and it was a big hit. Numerous tables — including Frank Schilling’s — filled up quickly.

As of right now all experts have space at their table, but you should RSVP quickly if you are interested. Experts for this show include:

Laurence Aderemi, Mobile Strategic Partnerships Lead, Google AdMob Europe
Frederick Schiwek, Managing Director & Founder of DomainInvest (DI SA)
Paul Keating, Founder, Law.es
Ken Hansen, Senior Director, Business Development, Neustar Inc.
Daniel Eisenhut, International Key Accounts, InterNetX
Tobias Wann, Director of EMEA Account Management, Verisign
Miguel Ochoa, Spanish Sales Director, affili.net
Peter Celeste, Senior Vice President of Oversee.net/General Manager, DomainSponsor
Joerg Schnermann, General Manager, DomainSponsor Europe
Lisa Box, Senior Director of Sales, Oversee.net/Moniker.com/SnapNames.com

Registry will get a windfall in initial fees to block registrations of trademarks.

.XXX could set a record when it comes to defensive domain name registrations.

A “defensive registration” is when a brand registers a domain name solely to keep it out of the hands of cybersquatters or competitors.

When you look back at previous new TLDs you’ll find a number of large brands defensively registered their domains. But you’ll still find lots of brands that don’t bother to register .info, .biz, and other newer extensions.

When .tel came out, some companies that were aware of it didn’t bother to register. They didn’t think it was the end of the world if someone else nabbed the domain name.

With .Co there was a bit more concern because of its similarity to .com.

But .xxx scares them.

Law firms are emailing their clients (I received one such notice last night). The trademark press is constantly writing about it.

And if there’s one thing most brands don’t want to be associated with, it’s porn.

Thankfully, .xxx registry ICM Registry is providing an innovative way for these companies to defensively register their domains. It’s more of a “non-registration” that will block the domain from being registered by another party.

So let’s say Verizon is worried about someone registering Verizon.xxx. It doesn’t have to register the domain annually for itself; it can pay a one time fee to block it for as long as ICM runs the .xxx registry.

This fee is expected to be about $200-$300 at the retail level.

But brands will have only 30 days to take advantage of this blocking offer, so they should educate themselves quickly.

Given the press’ inclination to write about .xxx, I think ICM Registry is going to get a lot of these defensive registrations.

That said, smaller brands probably don’t need to worry unless they have enemies. At about $75 per year for registration, .xxx cybersquatters will have to limit their activities.

It will also be interesting to see how much certain brands are willing to pay to prevent registrations in other controversial top level domain names possibly on the horizon, including .sex and .porn.