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As .spa launches, former partner pisses in the champagne
The world’s newest gTLD is due to hit its landrush launch phase tomorrow, but a disgruntled former business partner is warning that it plans to get all the registrations cancelled.
DotPH, the ccTLD registry for the Philippines, reckons it is owed half of the equity in .spa under a 2012 agreement, and has been warning registrars that to sell .spa domains would be to breach three injunctions it has secured through a Hong Kong court.
The latest such injunction (pdf), dated April 23, in part prevents the registry, Asia Spa and Wellness Promotion Council:
(whether directly or indirectly and whether by itself or via its agents or service providers (viz. registrars and registry backend) (“Agents/Service Providers”), employees and/or associated corporate entities whatsoever) be restrained from entering into any agreements for the sale, lease or other use or disposal of any .spa sub-domains (“Launch Agreements”) and/or causing, procuring or giving consent to the Agents/Service Providers to enter into any Launch Agreements
The injunctions are being interpreted differently by DotPH and ASWPC.
DotPH told participating registrars — there are at least 36 of them, according to the ASWPC web site — in a May 12 letter (pdf) from its lawyers:
ASWPC must stop selling .spa domains – by itself, or by or through its agents including Registrars… ASWPC cannot allow or permit any of its Registrars to sell any .spa domains.
It goes on to say:
Our clients will seek orders to cancel all registrations accepted by the .Spa Registry in breach of the Court order. You should alert any existing registrants, and any intending registrants of the Court order, and of the likelihood that any .spa domains registered are likely to be cancelled – unless they have a contract dating before 19 April 2021 requiring ASWPC, or you, to register their domains.
ASWPC’s interpretation appears to differ, in that it does not believe registrars are bound by the injunction, due to the chain of contracts between registry and registrant.
DotPH says that the Hong Kong High Court is next due to consider the case in August.
The .spa landrush phase is due to run from 1600 UTC May 26 until October 1. It’s ostensibly a community-based gTLD, but has eligibility policies that make it open to essentially anyone.
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