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  • Objection! What objections against Donuts’ TLDs show us about the next phase of the new TLD game

    1. BY - Mar 21, 2013
    2. Policy & Law
    3. 8 Comments

    An early look at new TLD objections shows some questionable claims.

    The deadline to file objections against new top level domain applications was March 13. Dispute resolution providers are slowly posting the objections, but it looks like what has been posted so far is just the tip of the iceberg.

    Donuts, the largest TLD applicant with 307 applications, has informed Domain Name Wire that it received around 40 objections. Donuts provided details on a limited number of the objections to Domain Name Wire.

    Many of these objections were, not surprisingly, filed by competitors who want to use any tool at their disposal to get a leg up on or hurt the competition.

    I’m going to go through each of the four types of objections and include some examples involving Donuts and publicly available information.

    Community Objections

    I’ll start with community objections because I’ve already gone on the record saying that the community provisions in the new TLD program (both for applicants and objections) are perhaps the most “game-able” part of the whole program.

    Many of the applicants that claimed some sort of community status are also filing objections against competitors.

    In order to win a community objection, the objector must prove four things:

    1. The community is clearly delineated

    2. Community opposition is substantial

    3. There’s a strong association between the community and the applied for string

    4. The TLD creates a “likelihood of material detriment” to that community

    The International Ski Federation, an international organisation for some ski sports, has objected to .ski.

    The International Ski Federation, an international organisation for some ski sports, has objected to .ski.

    The International Ski Federation has filed an objection to Donuts’ .ski application. Based on its web site, it looks like the group represents some parts of the snow skiing world, and not other types of skiing such as water skiing.

    That issue aside, how would this group face material detriment from .ski? Get ready to laugh.

    According to Donuts, the objection claims that the existence of .ski could cause bullying, racism, doping and other harms on the slopes.

    SportAccord, a coordinating body for international sports federations (and a competing applicant for .sport filed under community status), has objected to Donuts’ applications for .sport and .sports. Because, you know, SportAccord represents the entire community of people who have ever picked up a basketball.

    I’m particularly amused by the objection filed by Employ Media against .careers. Employ Media runs .jobs, which has been fighting off criticism by career sites since it opened up beyond its original terms of only offering second level .job domains that corresponded to company names.

    Employ Media is arguing that the establishment of .careers would injure job seekers in some way.

    Basically, .jobs feels threatened by .careers. It’s ironic because online career sites felt the same way about .jobs expanding beyond its original charter by setting up thousands of second level .jobs sites. Now Employ Media is on the other side of the table.

    Legal Rights Objection

    We knew there would by gaming around supposed trademark rights, and now we have an example.

    A legal rights objection will “determine whether the potential use of the applied-for gTLD by the applicant takes unfair advantage of the distinctive character or the reputation of the objector’s registered or unregistered trademark…”

    Competing .VIP applicant I‐Registry Ltd. has filed a legal rights objection against Donuts’ application for .vip. One of its claims is the potential for trademark infringement, centered on a trademark obtained in the European Union for the term “DOTVIP.VIP”.

    Academy, a sporting goods store with 150 stores in the southern U.S., has objected to .academy.

    Academy, a sporting goods store with 150 stores in the southern U.S., has objected to .academy.

    As I reported yesterday, Academy Sports + Outdoors has filed an objection over .academy. The sporting goods chain has become more aware of domain names and trademarks lately. It sued Academi — the new name for Blackwater — for trademark infringement and recovered AcademySportsandOutdoors.com (a domain it once owned but let expire) in a UDRP.

    In the case of .academy, I’m afraid that building a brand on a generic term like Academy comes with its drawbacks…

    String Confusion

    Given how few strings were officially considered confusing by the String Similarity Panel (just 4 terms), we can expect quite a few claims here.

    Here’s what it takes to win a string confusion objection:

    String confusion exists where a string so nearly resembles another that it is likely to deceive or cause confusion. For a likelihood of confusion to exist, it must be probable, not merely possible that confusion will arise in the mind of the average, reasonable Internet user. Mere association, in the sense that the string brings another string to mind, is insufficient to find a likelihood of confusion.

    Verisign, the registry for .com and .net, is objecting to .company and .network on string confusion grounds. The last sentence in that quote above — association vs. confusion — is questionable in this case.

    Verisign, the registry for .com and .net, is objecting to .company and .network on string confusion grounds.

    Verisign, the registry for .com and .net, is objecting to .company and .network on string confusion grounds.

    It will be interesting to see what other objections were filed in this category, including for plural vs. singular versions of strings.

    Limited Public Interest

    A Limited Public Interest objection considers “whether the applied-for gTLD string is contrary to general principles of international law for morality and public order.”

    I believe this was put in to avoid really nasty strings, such as .childporn or .kkk. The guidebook gives examples, such as declarations of violence against women, slavery and racial discrimination.

    Although anyone can technically file one of these objections, the biggest filer that we know about so far is the Independent Objector. This office has a budget of $25 million, so we knew it was going to file some claims.

    All of the independent objector’s public interest objections have to do with healthcare: .health, .healthcare, .hospital, .med, .medical.

    With regards to .hospital, Donuts says the objection is based partly on the possibility that .hospital could lead to registrations that present inaccurate information about hospitals.

    I can’t help but think the independent objector is misguided here. The internet has survived for years with second level domains related to hospitals — many of which are on .org domains — and I don’t think the public has been grossly harmed.

    Let the games continue…

8 Comments
  • Rubens Kuhl says:

    March 21, 2013 at 10:55 am

    Independent Objector also filled two objections that are not healthcare-related: .Amazon and .Patagonia.

  • The European Union trademark “DOTVIP” is my trademark. The Vipspace Enterprises LLC uses the trademark since 2011 for its product DOTVIP® Footprint (look at http://www.vipspaces.com).

    I-Registry Ltd. registered the European Union trademark “VIP”.

  • Independent Objector should have objected to .sucks for sure.

  • Andrew,

    Perhaps you should also disclose once again your affiliation with Directi so the readers know that you are employed by a portfolio applicant (under the name Radix). Does not make for the best reporting:

    “In addition to writing Domain Name Wire, Allemann works for Directi’s media businesses including Media.net, Skenzo, and Domain Advertising”
    http://domainnamewire.com/about/

    Note that many objecting are trying to showcase insufficient safeguards and governance models which will create material harm and a registry working for making money for investors as opposed to serving the community in an appropriate manner that protects them (yes, another conflict of interest issue). Also there are objections to prevent gaming, unfair piggybacking and to go against the entire conflict of interest issue that is so commonplace in this entire ICANN space. Furthermore, many applications, especially the portfolio-related ones, do lack sufficient enhanced safeguards and the appropriate multi-stakeholder governance model that is appropriate for many gTLDs, especially those involving creators/copyright as well as health/med. The competition/monopoly issue is also known. You can not discount these issues Andrew.

    I understand your opinion but it is heavily biased towards favoring portfolio applicants such as Directi, your employer. I suggest every time you write a gTLD-related article you disclose your affiliations.

    Constantine Roussos
    .MUSIC

  • Rubens Kuhl says:

    March 21, 2013 at 9:53 pm

    I agree with Andrew, KD. There is no objection type in the process that would fit .sucks.

    If you think .sucks is bad for the DNS, ICANN board is your only path now. Personally I’m not fond of this kind of TLDs but don’t think its existence should be blocked.

    .sucks could be the target of the class action suit of the XXI century from all providers of goods and services or celebrities that got “sucked” by .sucks, and that is probably a better way to send a message for those profiting from other businesses image harm.

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