OUT-LAW Update, 7th August, 2001:
NeuLevel, the .biz registry, has today extended the deadline for
the IP Claim Service until 4.59am GMT, 9th August, 2001. The date
change is the latest of several in the rolling-out of the new
domain names.
Where the names .biz and .info came from
For many years, internet domain names ending in .com, .org and
.net have been available. Following many years of debate, seven new
domain name extensions are being made available, the first of which
are .biz and .info.
Should you buy .biz and .info names?
The new names will be attractive to those who missed out on a
catchy .com name. Businesses have to decide now if or when to stake
their claims for these new names. If you already use a .com or
.co.uk name, you must decide whether you also want the new names.
The most common reason to register them will be to stop anyone else
getting them. For example, Lastminute.com’s Managing Director Helen
Baker told Computing magazine (2nd August 2001), that the e-tail
company sees no real business benefit in investing in new domain
suffixes, but is doing so to protect its brand, “to make sure no
one else is going to use them.”
You have to ask yourself how much this matters to you against
the cost of taking the names – expected to be around $35 each for
two years. The cost becomes more significant when you register
every possible variation of a name or where you have multiple
brands or company names.
Who can apply for a .biz name?
Anyone can now apply for a .biz name. The names are not actually
“live” at this stage, so cannot be used with a web site. If more
than one business claims the same .biz name at this stage, in most
cases, one lucky applicant is chosen at random. The only exception
is if one applicant staked a claim in the first phase – which means
dispute resolution proceedings may follow. The names are expected
to go live on 1st October. Although intended only for business
purposes, anyone can register a .biz name, For more information on
.biz names, see neulevel.com, the official registry.
Is it a lottery?
In the hope of securing a .biz name, some applicants file
multiple applications, increasing their chances in a random draw.
This triggered a lawsuit which has been raised in California
against those selling .biz domain names, alleging that this method
of sale amounts to an illegal lottery. NeuLevel, the official .biz
registry, denies it is operating an illegal lottery under
California law.
Where and when can I buy a .biz or .info name?
You can apply for a .biz now. You can apply for a .info name
from 12th September. The full list of those registrars taking .biz
applications now is available at this page of neulevel's site.
Among these are four UK registrars:
- Netbenefit.com
- Easyspace.com
- TotalRegistrations
- Virtual Internet
The full list of those registrars taking .info applications from
next month is available on the site of afilias, the .info registry,
at this page.
If you want to apply for a .biz name, you can submit your
application via one of these sites. We tried using Netbenefit’s
service to apply for out-law.biz. It was the second registrar we
tried; on the first one we tried, it was impossible to find how to
submit a .biz application. We decided against submitting a claim to
the .biz IP Claim Service because we consider its advantages are
minimal (see Confusing problems with .biz
domain names, OUT-LAW News, 19/06/2001).
The application form, at this page of Netbenefit's site invited
us to choose one of four packages. For £60 + VAT, we can get the
“Standard Domain Application” which includes the application fee
and 2 years’ registration fees - if successful. If the application
is unsuccessful, there is a “full refund less £10 administration
charge.”
Among the other options is, at £400 + VAT, the “Multiple
Application Service” which includes 100 applications for the same
domain (fees included) and 2 years’ registration. If this shot-gun
application is unsuccessful, there is a refund of £160.
We opted for the basic service for out-law.biz, which came to
£70.50. After payment, the site told us that “the selection process
takes between 26th September and 30th September. We will find out
if our application was successful "in due course."
Forms on the Netbenefit site implied that we could also register
a .info name, which is not the case. Instead, the site is only
inviting applications for the .info “sunrise period” for trade mark
owners – which is not the same thing. The .info “sunrise period”,
open until 27th August, is a similar system to the .biz IP Claim
Service, described below. The application process does not open
until 12th September – although different sites give different
dates.
The IP Claim Service and the .biz deadline
The Intellectual Property (IP) Claim Service, was intended to
give trade mark owners special protection before they even apply
for their names. In fact, this stage of protection, which ends
today, August 6th, offers little more protection than the rights
already given to trade mark owners under other rules.
Trade mark owners were invited to pay $90 to stake their claims
to a .biz name. An applicant must identify its trade mark, whether
it’s a registered trade mark or what’s known as a common law trade
mark – which could be the case for a business that has built a
reputation in its name without registering the name as a trade
mark. For every word or phrase a business wants to protect, it must
pay $90. For a critical overview of the IP Claim Service, see the
story referred to above, Confusing problems with .biz domain names,
OUT-LAW News, 19/06/2001.
Applying for .info names
As mentioned, a “sunrise period” is open until 27th August. The
application process for .info names is expected to open to all on
12th September. More information can be found at afilias.com. Under
the sunrise period, trade mark owners can register the name they
want. If there are several applications for the same .info name, a
winner is chosen at random, although the rules favour early
applicants. Again, there are procedures for challenging someone
else’s application. After this 30 day period, there is a 15 day
period for dispute resolution, after which, on September 12th, the
names go on sale on a first come, first served basis. On September
19th, the .info names go live.
