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news TechRepublic article on headaches caused by ICANN's gTLDs

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SBS66

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I think this is a good write up from the perspective of end-users. But I also think it provides a good perspective for domainers, especially those of us starting out.
The proliferation of generic top-level domains (gTLDs) following ICANN's decision to allow for the expansion of TLDs has caused headaches for trademark owners and confusion for consumers.

http://www.techrepublic.com/article...-cause-major-headaches-for-online-businesses/

Came across it on twitter, via The Domains.com

.sucks ...so many possibilities, like ICANN dot sucks :!:
 
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AfternicAfternic
Really good article and respect to Berkins for publishing it. Main bit was....

“In August 2011, ICANN founding chairman Esther Dyson wrote an argument against the proliferation of new generic Top-Level Domains (gTLDs), …..like .cloud, .rich, .plumbing, and for reasons that defy logic, both .black and .blackfriday. Dyson predicted that this expansion would “create lots of work for lawyers, marketers of search-engine optimization, registries, and registrars” constituting what is ultimately a “waste of resources.”

Nearly five years on, this prediction appears to have been perfect—the proliferation of gTLDs has added no value, but has lined the pockets of gTLD operators from organizations and individuals in the practice of defensive registration, and joke websites that serve no practical purpose except to highlight the ridiculousness of gTLDs, such as rebecca.blackfriday.””
 
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From the perspective of an investor and buyer in the aftermarket, it's a huge headache.

.sucks is most definitely extortion! No domainer is going to pay those crazy prices for a .sucks, even if they hate a company and think that it does suck. A company has to buy them just for protection and so competitors don't buy them and put up a trash talking site.

To buy a new gtld in the aftermarket is a pain. If the gtld has tiered pricing then you need to know the renewal price for just that domain not just the gtld. If I'm going to buy a domain, I need to know if the registry has it listed as a premium! How do I do that? Do I call or email the registry, registrar, or domain owner. If the domain owner has it listed privately, then that doesn't help. Letting an owner know you are interested in their domain can have the effect of a price increase before you can purchase the domain. Plus I don't have time to get into a back and forth with the owner of every domain that I'm interested in. Who does?

I think in the near future we will see many more UDRP cases from the .com owners of domain that are now registered in all these other gtlds. Even many .com domains have been lost in UDRP cases to companies. All these 3L.gtlds that have sold are in jeopardy of being lost to the .com owners or TM owners in UDRP cases.

There are many other problems that are plaguing the gtld market that I could go on about, but it's depressing to bring it all up. Maybe later in the day I'll feel like it.
 
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...

I think in the near future we will see many more UDRP cases from the .com owners of domain that are now registered in all these other gtlds. Even many .com domains have been lost in UDRP cases to companies. All these 3L.gtlds that have sold are in jeopardy of being lost to the .com owners or TM owners in UDRP cases.
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I don't know much about UDRP (other than not to register trademarked domains).

But from the standpoint of standing out (as an end-user business owner) I don't see the advantage of owning a domain on many of them. And yes, those reg fees are steep for many...at least the one's I've checked out. I do think that some of them may eventually be standouts, but not all of them.
 
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ICANN gets money from registrations and UDRP cases, so the more of each of those means that ICANN gets more money. It's a cash cow that runs in circles.

I don't know much about UDRP law either, but I know enough to know that my statement about is true.
 
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Domain names relating to trademark law is what makes this so complicated. Just because a company names itself 'alphabet' shouldn't give them rights to alphabet.com (even if they trademarked before the registration) It's not like they trademarked 'alphabet.com'... It should be their responsibly to secure assets relating to their company before they publicize it.

It is a big mess that doesn't need to exist. Trademarks should not protect domain names unless the trademark is explicitly for the entire domain, extension included.

The UDRP should come into play when someone is using a domain similar to a trademark in order to cause damage, offer similar service or product, or extort from the trademark holder.

I wish no one does this, but imagine: someone could go trademark '888', or any other 3 character gibberish and have rights to in in every single new extension to be released. I only say this to show how ridiculous the law is right now.
 
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ICANN gets money from registrations and UDRP cases, so the more of each of those means that ICANN gets more money. It's a cash cow that runs in circles.

I don't know much about UDRP law either, but I know enough to know that my statement about is true.

The cash cow seems to run through a maze, lol, not just a circle.
 
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