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.