ENom and Go Daddy Still Disqualified from Applying for Fresh Top Level Domains

Language of fresh applicant guidebook disqualifies two sizable domain name registrars.

If you read the spirit of the rules related to fresh top level domain names, domain name registrars eNom and Go Daddy are still disqualified from applying for their own top level domain names.

In the latest draft ICANN tweaked the language regarding applicants for fresh TLDs who have been found guilty of cybersquatting, but not enough to let these two firms off the hook.

The guidebook reads:

In the absence of exceptional circumstances, applications from any entity with or counting any Individual Applicants with confirmed convictions of the types listed in (a) – (m) below will be automatically disqualified from the program…

has been involved in of a pattern of adverse, final decisions indicating that the applicant or individual named in the application was engaged in cybersquatting as defined in the UDRP, ACPA, or other equivalent legislation, or was engaged in reverse domain name hijacking under the UDRP or bad faith or reckless disregard under the ACPA or other equivalent legislation. Three or more such decisions with one occurring in the last four years will generally be considered to constitute a pattern.

The fresh language in the latest guidebook notes that decisions must be “final”. It also adds language regarding people who are guilty of reverse domain name hijacking.

But eNom and Go Daddy both have three or more “final” UDRP losses with at least one in the past four years.

Now, technically there are ways around this. For both registrars the domains that got them in trouble were actually owned by affiliate or subsidiary firms. There’s also a bit of wiggle room in the language, such as “generally be considered” and “in the absence of exceptional circumstances”.

As I’ve commented ahead of, I don’t think it’s right to apply this arbitrary standard of cybersquatting retroactively. And I can’t see ICANN denying an otherwise good application from either of these domain registrars.