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SWORD Fights and String Theory: Part 2

This is the second post in a two-part series of blog posts explaining String Contention Sets, a complex aspect of ICANN's new gTLD evaluation process.

So you've found yourself in a String Contention Set. Another party has applied for the same new gTLD as you, or one that is so visually similar that ICANN believes that allowing both strings to become full-fledged new gTLDs will cause confusion among Internet users.

Let's assume that the Contention Set consists of you and one other applicant. What happens now? First, ICANN encourages you both to reach an agreement amongst yourselves as to which application will proceed. Both of you can choose to drop out at this point, or one can concede to the other, but there is no way that both applications can proceed with each of you operating a separate registry.

However, it is possible for you and your Contention Set-mate(s) to reach an agreement where you can both use the new gTLD. If, for example, Unilever’s Dove soap and Mars’ Dove chocolate both apply for .DOVE, they can't each operate an independent .DOVE registry (this could cause serious problems for the DNS root). However, they can choose to reach a mutually agreeable deal where one company, say Mars, drops out while the other, Unilever, proceeds with its application and then allows Mars to register certain second-level domains once the .DOVE gTLD goes live. (There are other ways to "share" a gTLD, but this is just one, simple example to illustrate the concept.)

Of course, this kind of agreeable solution will likely not be an option for many applicants that end up in a contention set, especially if the applied-for strings are similar (not identical) and each is the applicant's main brand name. So in the event that you and the other applicant in your Contention Set can't reach an agreement, and neither wants to back down, then the String Contention Resolution proceeds after each party has completed all aspects of the evaluation, including the Initial Evaluation, Extended Evaluation and even Dispute Resolution, if applicable.

If one of the applicants in the Contention Set is community-based, it automatically beats out all non-community-based, or "standard," applicants. If you are a brand owner, it is highly unlikely that you will be able to meet the requirements to qualify as a community-based applicant, so if you end up in a Contention Set with one, your application will be knocked out automatically.

If neither you nor your Contention Set-mate(s) has met the criteria to qualify as a community-based applicant, then an auction will commence and you will have to pony up increasing amounts of money to stay in the game. If you out-spend the other applicant in your Contention Set, then you will be awarded the gTLD.

We don't blame you if you're exhausted after reading this. It's a complicated process with numerous caveats, exceptions and quirks. We hope that these two posts cleared up some of the mystery around String Contention issues, but if you still have questions, please email us at info@fairwindspartners.com.

SWORD Fights and String Theory: Part 1

This is the first post in a two-part series of blog posts explaining String Contention Sets, a complex aspect of ICANN's new gTLD evaluation process.

When the news about the New gTLD Program first broke, before details about the application process and trademark protection mechanisms were widely discussed, many assumed that ICANN would be doling out new top-level domains to the highest bidders through a series of auctions.

Of course, we all know that's not really the case – in reality, there is only one scenario where two or more gTLD applicants would end up in an auction over an extension, or "string," as ICANN refers to it. That scenario is if applicants end up in a String Contention Set. (more...)

Caveat Emptor

As we draw closer to the opening of the new gTLD application period on January 12, 2012, more and more new gTLD service providers are coming out of the woodwork. In order to stand out from the pack, some of these providers have dropped their prices, offering services like application preparation for as little as $20,000. Given that applying for a new gTLD is not exactly a cheap endeavor, due to the $185,000 price tag for submitting the application, it may be tempting to pick a partner who offers the lowest price. But like everything, when it comes to new gTLDs, you get what you pay for. (more...)

Down with Data

When talking about new gTLDs, it’s easy to get swept up in the excitement of new marketing possibilities or the drama of ICANN controversy. Today, we’re going to be talking about something slightly less titillating, but highly necessary: data escrow.

Part of a new gTLD operator’s registry responsibilities is to contract an independent entity to act as a data escrow agent. The full details of the data escrow process are described in Specification 2 of the New gTLD Agreement, but it basically amounts to keeping records of all the data pertaining to “registry objects,” including domain names, contacts, name servers, registrars, etc. and submitting that data into escrow at regular intervals. (more...)

So Then What? What Could Happen if the NTIA Does Not Renew its Contract with ICANN

When we talk about new gTLDs, it’s almost impossible not to mention the Internet Corporation for Assigned Names and Numbers (ICANN), the organization behind the initiative. But where exactly did ICANN get the authority to implement a change that will pretty seriously alter the way we think about Internet addresses? (more...)

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Ready or Not

On Monday, ICANN opened the TLD Application System (TAS) Demo, an interactive mock up of a real gTLD application that lets you navigate through the steps of registering, creating a profile, completing and submitting a new gTLD application. Readers will remember from our earlier post, “New gTLD Applicant Guidebook Changes Summarized” that gTLD applicants have to register in the TAS by March 29, 2012 in order to submit an application. (more...)

New gTLD Conference for Brands

One week from today, the Coalition Against Domain Name Abuse (CADNA), the non-profit that FairWinds founded along with a group of major brands, will be hosting an event about new gTLDs. The What’s at Stake: The Reality of ICANN’s New gTLD Program for Brands conference is designed to educate representatives from major brands about how ICANN’s New gTLD Program will impact their business, and also to spur specific changes to the new gTLD policy in order to make it less detrimental for brands. (more...)

Geo Concerns

We have to come clean about something. Sometimes we make mistakes. It’s rare, but we’re only human. And this particular mistake is one that a lot of very smart, very informed people have been making for some time now. It has to do with country names in new gTLDs. (more...)

The Right Registrar

A common assumption among companies is that once their applied-for new gTLD is launched, they will be working with the registrar that currently handles their domain names to manage the domain names within their new gTLD as well. It’s understandable – it’s a matter of convenience to have all domain name registrations handled in one place. With that in mind, it might make sense for brands to stick with their corporate registrars if they are sure that they’re running a closed registry (i.e. for their private use). (more...)

Who’s Responsible Here?

By now, regardless of how we may feel about new gTLDs, we all know who was the driving force behind the New gTLD Program – ICANN, the California-based non-profit that is in charge of coordinating the Internet’s domain name system.

Well, actually that’s not quite true. It turns out that everyone knows ICANN was the driving force behind new gTLDs except…ICANN. (more...)

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