Andrew Allemann of the highly popular Domain Name Wire blog reached out to ICANN, asking the corporation to clarify whether applicants for the same string are allowed to deal with each other before the Reveal Day. It may seem that the question makes no sense: the ICANN Applicant Guidebook prohibits private auctions or joint ventures for the purpose of resolving competition.
However, at a closer look, this instruction is far from being straightforward. For example, the same guidebook “does not prohibit applicants from communicating directly or indirectly any information related to applications or application strategies… occurring outside of the defined periods when communication is prohibited.” Furthermore, in an even more important aspect, applicants can only be officially recognized as those in contention after the Reveal Day, which will occur sometime in early October. Let’s imagine that two applicants for the same domain somehow settle the issue before the date. Are they breaking the rules?
Allemann concludes in his blog that the matter remains open for interpretation. In its response to his inquiry, ICANN elaborated:
“ICANN cannot provide advice or interpretation for specific situations or requests. The Applicant Guidebook prohibits private resolution of contention sets. Accordingly, private auctions, joint ventures, and any resolution methods designed to resolve contention privately are strictly prohibited.”
This is hardly a definitive and unambiguous answer. Andrew Allemann is concerned that potential deals between applicants before the applications are officially announced may cause drawn-out and strenuous legal disputes.
