Finding Common Ground Between Markholders and Legitimate Domain Registrants
Hmm. This is not my favourite GK idea of all time. However, I do think the motivation is well-placed: how do we nurture the innovation, creativity, entrepreneurship and competition inherent in new TLDs and new registries and new models, while not saddling TMholders with the infinite costs of protecting their trademarks in an endless parade of TLDs. Figure that out, George, and we shall be away to the races. What I see wrong in this notion - at least as described here - is that it probably encourages tasting, squatting, speculation as much as it assists TMholders. The unintended effect of subsidizing these activities is not a great plan. As well, what actually makes sense with these secondary TM registrations is to point them at the primary site (rather than to leave them to non-resolve). That's a better user experience, and if the holder has to go to the effort of registering them (a bigger cost really than the reg cost), whatever traffic they may generate may as well find its destination. But I do agree with your premises, just not this particular tactic.... cheers/Rick Rick Anderson EVP, InterBorder Holdings Ltd email: randerson@interborder.ca cell: (403) 830-1798 office: (403) 750-5535 ----- Original Message ----- From: owner-bc-gnso@icann.org <owner-bc-gnso@icann.org> To: BC gnso <bc-gnso@icann.org> Sent: Mon Jul 06 20:21:02 2009 Subject: [bc-gnso] Finding Common Ground Between Markholders and Legitimate Domain Registrants Hi folks, Any rational reading of the IRT comments archive demonstrates deep divisions between TM holders and the broader public, in particular domain name registrants: http://forum.icann.org/lists/irt-final-report/ So, I thought it might be a good idea to try to find common ground between the two sides. Since we continue to lack a true cross-constituency GNSO mailing list, we'll have to do the best we can with those on both sides represented in our own constituency. Here's the first of several ideas that I'd like to "test", to see whether they have the support of folks here: 1) Registry fees should be lower for domains that do no resolve (i.e. have no nameservers). Since TM holders register a large number of domains only for defensive purposes, they waste considerable sums on domain names they simply do not really want to own or use. Conceivably abusive registrants would benefit by being able to register larger numbers of domains too at lower cost --- however, they'd be unable to actually USE these domains, since the names do not resolve. Please respond with "yes", "no", "maybe" and perhaps an explanation of why you feel the way you do about the idea. Perhaps we can queue up other ideas from both sides, and after devoting a day or two or three to each idea (in separate threads), be able to come up with a package of solutions that has strong consensus support (even unanimous support) that we can bring to other constituencies. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ This e-mail message and any attachments may contain confidential and/or privileged information intended only for the addressee. In the event this e-mail is sent to you in error, sender and sender’s company do not waive confidentiality or privilege, and waiver may not be assumed. Any dissemination, distribution or copying of, or action taken in reliance on, the contents of this e-mail by anyone other than the intended recipient is prohibited. If you have been sent this e-mail in error, please destroy all copies and notify sender at the above e-mail address. Computer viruses can be transmitted by e-mail. You should check this e-mail message and any attachments for viruses. Sender and sender’s company accept no liability for any damage caused by any virus transmitted by this e-mail. Like other forms of communication, e-mail communications may be vulnerable to interception by unauthorized parties. If you do not wish to communicate by e-mail, please notify sender. In the absence of such notification, your consent is assumed. Sender will not take any additional security measures (such as encryption) unless specifically requested.
Hi Rick, On Mon, Jul 6, 2009 at 11:00 PM, Rick Anderson wrote:
What I see wrong in this notion - at least as described here - is that it probably encourages tasting, squatting, speculation as much as it assists TMholders. The unintended effect of subsidizing these activities is not a great plan.
Thanks for the feedback. One method to refine the concept further is to truly limit things to defensive registrations (as opposed to speculative registrations at lower cost) through a link to an active "base" domain name (one that does resolve). For example, the domain typo generator at DomainTools.com spits out a number of matches for "Verizon": http://www.domaintools.com/domain-typo/?q=verizon&mode=reg&status=b&rules%5B... Let's say that the "base" domain name is declared to be Verizon.com. Then if Verizon wanted to own verizoln.com or verizom.com, but the traffic from those domains wasn't worth $7/yr to Verizon (i.e. it doesn't "pay" for them resolve), they could pay say $3/yr to register them but have no nameservers, at the same time linking it to Verizon.com. They could do the same for domains in other TLDs, declaring them "defensive registrations" that all link to one base domain that does resolve. One could develop an algorithm to test whether a domain that is declared as "defensive" is similar enough to that base domain name to qualify (e.g. a certain number of common characters, common typos like wwwdomain.com, etc.). An algorithm probably wouldn't capture 100% of defensive registrations, but it could probably reduce costs for a healthy fraction of them. There could also be a function to list all defensive registrations (with no nameservers) for a given base domain, to make abusers easier to bring to justice. For example, let's say someone other than Disney did own wwwdisney.com and used that as their active "base" domain for speculative but low traffic domains (which didn't generate $7/yr worth of traffic) such as wwwdisney.org. A markholder would be able to more easily capture the entire set of typos that didn't resolve (and thus were registered under the lower cost system) in one action because of that linkage.
As well, what actually makes sense with these secondary TM registrations is to point them at the primary site (rather than to leave them to non-resolve). That's a better user experience, and if the holder has to go to the effort of registering them (a bigger cost really than the reg cost), whatever traffic they may generate may as well find its destination.
Sometimes yes, sometimes no. If the domain doesn't generate $7/yr worth of traffic, a markholder might still keep the domain registered in order to avoid facing the UDRP and legal costs of $5,000+ if the domain is abused by someone else. If these marginal names could face lower carrying costs (say $3/yr instead of $7/yr), that cost savings could be dramatic, thousands or even tens of thousands of dollars per year. Registry operators might not be happy by the loss of "fully priced" defensive registration fees that they're used to currently, but that's not a suitable business model to begin with. Depending on the elasticity of demand, ironically registries might even actually increase the number and total revenues from defensive registrations, as the lower price for domains deemed "defensive" would actually increase the total number registered and possibly the total profitability for the registry. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/
Oh, just to be clear, when I say: "link to an active "base" domain name" I don't mean a HTML redirection link. I just mean something in the WHOIS record of the domain name that says something like: "This domain name, wwwexample.com, is a defensive registration for the active base domain name example.com." And then the WHOIS record for the domain name would show no nameservers, the domain itself would not resolve, and perhaps there'd be a special EPP status code indicating it is defensive. Thus it'd be eligible for lower fees. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Jul 7, 2009 at 1:03 AM, George Kirikos<icann@leap.com> wrote:
Hi Rick,
On Mon, Jul 6, 2009 at 11:00 PM, Rick Anderson wrote:
What I see wrong in this notion - at least as described here - is that it probably encourages tasting, squatting, speculation as much as it assists TMholders. The unintended effect of subsidizing these activities is not a great plan.
Thanks for the feedback. One method to refine the concept further is to truly limit things to defensive registrations (as opposed to speculative registrations at lower cost) through a link to an active "base" domain name (one that does resolve). For example, the domain typo generator at DomainTools.com spits out a number of matches for "Verizon":
http://www.domaintools.com/domain-typo/?q=verizon&mode=reg&status=b&rules%5B...
Let's say that the "base" domain name is declared to be Verizon.com. Then if Verizon wanted to own verizoln.com or verizom.com, but the traffic from those domains wasn't worth $7/yr to Verizon (i.e. it doesn't "pay" for them resolve), they could pay say $3/yr to register them but have no nameservers, at the same time linking it to Verizon.com. They could do the same for domains in other TLDs, declaring them "defensive registrations" that all link to one base domain that does resolve.
One could develop an algorithm to test whether a domain that is declared as "defensive" is similar enough to that base domain name to qualify (e.g. a certain number of common characters, common typos like wwwdomain.com, etc.). An algorithm probably wouldn't capture 100% of defensive registrations, but it could probably reduce costs for a healthy fraction of them.
There could also be a function to list all defensive registrations (with no nameservers) for a given base domain, to make abusers easier to bring to justice. For example, let's say someone other than Disney did own wwwdisney.com and used that as their active "base" domain for speculative but low traffic domains (which didn't generate $7/yr worth of traffic) such as wwwdisney.org. A markholder would be able to more easily capture the entire set of typos that didn't resolve (and thus were registered under the lower cost system) in one action because of that linkage.
As well, what actually makes sense with these secondary TM registrations is to point them at the primary site (rather than to leave them to non-resolve). That's a better user experience, and if the holder has to go to the effort of registering them (a bigger cost really than the reg cost), whatever traffic they may generate may as well find its destination.
Sometimes yes, sometimes no. If the domain doesn't generate $7/yr worth of traffic, a markholder might still keep the domain registered in order to avoid facing the UDRP and legal costs of $5,000+ if the domain is abused by someone else. If these marginal names could face lower carrying costs (say $3/yr instead of $7/yr), that cost savings could be dramatic, thousands or even tens of thousands of dollars per year.
Registry operators might not be happy by the loss of "fully priced" defensive registration fees that they're used to currently, but that's not a suitable business model to begin with. Depending on the elasticity of demand, ironically registries might even actually increase the number and total revenues from defensive registrations, as the lower price for domains deemed "defensive" would actually increase the total number registered and possibly the total profitability for the registry.
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/
participants (2)
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George Kirikos -
Rick Anderson