o.com auction likely a damp squib after Overstock rebrand

Verisign’s long-planned auction of the single-character domain o.com is looking even less likely, with its most motivated bidder completely rebranding its company.

Overstock.com, which had been lobbying for Verisign to release the domain since at least 2004, said this week it’s bought the intellectual property assets of bankrupt rival furniture retailer Bed Bath & Beyond for $21.5 million, and will rebrand accordingly.

That means it will drop Overstock.com the brand and overstock.com the domain, in favor of bedbathandbeyond.com in the US. The rebrand of its equivalent Canadian sites under .ca will come first.

The domain switch will presumably be less chaotic than the company’s attempt to rebrand as O.co in 2011, which caused huge confusion in .com-loving North America and was quickly reversed.

The change of course means that Overstock now has no motivation to bid on o.com, should Verisign ever actually get around to exercising its hard-won right to sell off the domain for charity.

All but a handful of single-character .com domains have been reserved for decades, but Verisign was given permission to sell o.com by ICANN in 2018 after years of pleading by Overstock founder Patrick Byrne.

Byrne quit Overstock not long after ICANN gave the nod due to his involvement with Russian spy-turned-politician Maria Butina and evidently took his obsession with o.com with him.

Disclosure: over a decade ago, I provided consulting services to a third party in support of the release of o.com.

Did a sexy Russian spy nerf the o.com auction?

It’s been over three years since Verisign won the right to auction off the domain name o.com for charity, and so far there’s no sign of a sale. Could a pro-Trump conspiracy theorist’s affair with a Russian spy be the reason?

The .com registry operator received permission from ICANN for a one-off auction — a unique exception to the decades-old convention that single-character .com domains are reserved — in March 2019, and that was the last we heard of it.

There’s been no announcement of an auction date, and neither ICANN nor Verisign have mentioned it since.

I asked Verisign a couple of weeks ago what the company’s plans were and at the weekend received the reply: “Thanks for reaching out and your interest is noted. Once there is an update, we will reach back out to you.”

I don’t think I’m getting into conspiracy theory territory to suggest that the reason for the lack of movement is that the domain’s most likely buyer, the man most likely behind Verisign asking ICANN’s permission in the first place, lost his job a few months after the auction was approved.

When in 2017 Verisign filed its request with ICANN it was widely believed to be primarily the result of a pressure campaign by Patrick Byrne, then-CEO of online retailer Overstock.com, that had gone on for over a decade.

Byrne had been nagging Verisign and ICANN to let him register the domain since at least 2004, as this published correspondence (pdf) illustrates.

Former senior ICANN staffer Kurt Pritz later recounted how Byrne “slid a check for $1,000,000 payable to ICANN across my desk” to persuade a then-broke ICANN to release the name, around the same time. The offer was rebuffed.

Byrne’s obsession with o.com continued, but in 2010 he seemed to throw in the towel briefly when Overstock paid relaunching Colombian ccTLD operator .CO Internet a whopping $350,000 for the domain o.co, which Overstock promptly rebranded around.

Overstock even purchased the naming rights to the Oakland Coliseum baseball stadium, which was known as the O.co Coliseum from 2011 to 2016.

But rebranding is always a risk, not least when it’s to an unfamiliar TLD, and Byrne admitted in 2012 that the move had been a huge mistake.

“O.co was my bad call,” Byrne said at the time, adding that “about eight out of 13 people who were trying to visit us through O.co, eight were typing O.com”.

So when Verisign got the nod to sell o.com, you might have expected Byrne to be champing at the bit.

But in August 2019, Byrne quit Overstock after it emerged he had been in a sexual relationship — according to him encouraged by shadowy FBI agents — with a Russian woman half his age convicted in the US of being a spy in 2018.

Byrne admitted the reportedly three-year relationship with Maria Butina, who after her release from US prison became a member of Russia’s parliament with Putin’s United Russia party, in August 2019. It’s a pretty wild story.

He quit his job at Overstock, the company he had founded, at the same time and a month later sold all his stock in the company.

Byrne has since gone on to be a full-time conspiracy theorist, including reportedly being one of several people who, in December 2020, had a bizarre White House meeting in which they attempted to explain to then-President Trump how the 2020 election had been stolen — the birth of the “Big Lie”.

That was reportedly the first time he had met Trump. There’s no evidence I’m aware of that he had the president’s ear while Verisign was asking his administration to lift the price freeze on .com domains, which it did in 2018.

Conspiracies aside, it’s undoubtedly true that Byrne’s resignation means Verisign has lost its most motivated bidder for o.com, so an auction would likely prove disappointing, unless Oprah Winfrey is feeling particularly frivolous.

O.com might be a one-off for Verisign

Verisign today was finally given approval to auction off o.com, the first single-character .com domain to hit the market since the early 1990s.
The ICANN board of directors voted to approve a contractual amendment that will lift the ban on single-character .coms in this instance, but it may not necessarily mean more will be sold in future.
The resolution passed in Japan states that the approval is “limited to the unique circumstances of this particular domain name, and the approval of the amendment does not establish a precedent that applies in other circumstances.”
So if Verisign decides it wants to sell off the remaining 22 one-letter .com domains in future, it’s going to have to go through the same lengthy approval process again, with no guarantee that ICANN will give it the nod.
Still, if the o.com proposal is hunky-dory this time around, I fail to see why ICANN would reject an identical proposal to sell a different domain.
As I explained in a blog post a week ago, Verisign will only get $7.85 a year for the domain, regardless of how many millions it raises.
The rest of the money will be distributed to non-profit causes by an independent third party.
While the auction has already cost Verisign far more money than it will make, it’s a nice PR win for the next time its .com price-raising powers are questioned.
Overstock.com, which has been lobbying ICANN and Verisign for the release of o.com for years is a virtually guaranteed bidder.
Former ICANN bigwig Kurt Pritz said recently that Overstock offered to pay ICANN $1 million to $2 million for the domain (somewhat shadily, it has to be said) over a decade ago.
Other O trademark owners that may show up include sporting goods vendor Oakley and future President of the United States Oprah Winfrey.
I hope bidders have to sign a no-suing covenant, as this is the kind of thing that could easily wind up in court.

Have your say on single-character .com domains

ICANN wants your opinion on its plan to allow Verisign to auction off o.com, with a potential impact on the future release of other single-character .com domain names.
The organization has published a proposed amendment to the .com registry contract and opened it for public comment.
The changes would enable Verisign to sell o.com, while keeping all other currently unallocated single-character names on its reserved list.
The company would not be able to benefit financially from the auction beyond its standard $7.85 reg fee — all funds would be held by an independent third-party entity and distributed to undisclosed non-profit causes.
The arrangement would also see the buyer pay a premium renewal fee of 5% of the initial outlay, doubling the purchase price over the course of 25 years.
They would not be able to resell the domain without selling the registrant company itself.
It’s a pretty convoluted system being proposed, given that there may well end up only being one bidder.
Overstock.com, the online retailer, has been pressuring ICANN and Verisign to release o.com for well over a decade, and the proposed auction seems to be a way to finally shut it up.
The company has a US trademark on O.com, so any other bidder for the name would probably be buying themselves a lawsuit.
The proposed auction system does not address trademark issues — there’s no sunrise period of trademark claims period.
One party already known to be upset about lack of rights protection is First Place Internet, a search engine company that has a US trademark on the number 1.
It told ICANN (pdf) back in January that the o.com deal would “set a dangerous precedent” for future single-character name releases.
The ICANN public comment period, which comes after ICANN received the all-clear from US competition regulators, closes June 20.
As a matter of disclosure, several years ago I briefly acted as a consultant to a third party in support of the Verisign and Overstock positions, but I have no current interest in the situation one way or the other.

Justice gives nod to O.com auction

The US Department of Justice does not intend to prevent Verisign from auctioning off the single-letter domain o.com.
Aaron Hoag, chief of the department’s Technology & Financial Services Section, told ICANN in a letter (pdf) that it does not intend to probe Verisign’s proposal.
The letter reads in its entirety:

Your letter dated December 7, 2017, to Makan Delrahim, Assistant Attorney General of the Antitrust Division, regarding VeriSign’s proposal to auction O.COM, has been referred to the Technology & Financial Services Section for review. After careful consideration of the matter, the Division can report that it does not intend to open an investigation into the proposed auction described in the attachment to your letter.

Verisign asked ICANN’s permission to auction o.com, with most of the the proceeds going to good causes, after over a decade of nagging from retailer Overstock.com, which desperately wants to own the currently reserved name.
It would set a precedent for the company to sell off the remaining 22 single-letter domains, not to mention the 10 digits, which are all currently reserved due to a decades-old technical policy no longer considered necessary.
Verisign would only receive its $7.85 base registry fee from the sale, despite the fact that single-letter domains could easily fetch seven or eight figures.
The company asked ICANN for permission to release the name via its Registry Services Evaluation Process last month.
ICANN said earlier this month that it had no objection on technical grounds, but referred it to US competition authorities for a review.
With the DoJ apparently not interested, the door is open for ICANN to approve the RSEP before the end of the year, meaning Verisign could carry out the auction in 2018.
The big question now is whether anyone other than Overstock will want to take part in the auction. Overstock has US trademarks on “O.com”, despite the fact that it’s never actually owned the domain.

ICANN punts o.com auction to US watchdogs

Verisign’s proposed auction of the domain o.com might have a negative effect on competition and has been referred to US regulators.
That’s according to ICANN’s response to the .com registry’s request to release the domain, which is among the 23 single-letter domains currently reserved under the terms of its contract.
ICANN has determined that the release “might raise significant competition issues” and has therefore been referred to “to the appropriate governmental competition authority”.
It’s forwarded Verisign’s request to the US Department of Justice.
Verisign late last month asked ICANN if it could release o.com to auction as a test that could presumably lead to other single-character .com names being released in future.
The plan is for a charity auction, in which almost all the proceeds are donated to internet-related good causes.
Only the company running the auction would make any significant money; Verisign would just take its standard $7.85 annual fee.
ICANN told the company that it could find no technical reason that the release could not go ahead.
The only barrier is the fact that Verisign arguably has government-approved, cash-printing, market dominance and is therefore in a sensitive political position.
Whether its profitless plan will be enough to see the auction given the nod remains to be seen.
A certain bidder in the proposed auction would be Overstock.com, the online retailer, which has been pressuring ICANN and Verisign for the release of O.com for well over a decade and even owns trademarks covering the domain.
Disclosure: several years ago I briefly provided some consulting/writing services to a third party in support of the Verisign and Overstock positions on the release of single-character domain names, but I have no current financial interest in the matter.

Verisign wants to auction off O.com for charity

The internet could soon gets just its fourth active single-character .com domain name, after Verisign revealed plans to auction off o.com for charity.
The company has asked ICANN to allow it to release just one of the 23 remaining one-letter .com domains, which are currently reserved under the terms of the .com registry agreement.
It’s basically a proof of concept that would lead to this contractual restriction being lifted entirely.
O.com has been picked as the guinea pig, because of “long-standing interest” in the domain, according to Verisign.
Overstock.com, the $1.8 billion-a-year US retailer, is known to have huge interest in the name.
The company acquired o.co from .CO Internet for $350,000 during the ccTLD’s 2010 relaunch, then embarked upon a disastrous rebranding campaign that ended when the company estimated it was losing 61% of its type-in traffic to o.com.
Overstock has obsessed over its unobtainable prize for over a decade and would almost certainly be involved in any auction for the domain.
In fact, I wouldn’t be surprised to discover that Overstock pressured Verisign into requesting the release of o.com.
Despite the seven or eight figures that a single-letter .com domain could fetch, Verisign’s cut of the auction proceeds would be just $7.85, its base registry fee.
Regardless, it has a payment schedule in mind that would see the winning bidder continue to pay premium renewal fees for 25 years, eventually doubling the sale price.
The winner would pay their winning bid immediately and get a five-year registration, but then would have to pay 5% of that bid to renew the domain for years six through 25.
In other words, if the winning bid was $1 million, the annual renewal fee after the first five years would be $50,000 and the total amount paid would eventually be $2 million.
All of this money, apart from the auction provider’s cut, would go to a trust that would distribute the funds to internet-focused non-profit organizations, such as those promoting security or open protocols.
There’s also a clause that would seem to discourage domain investors from bidding. The only way to transfer the domain would be if the buyer was acquired entirely, though this could be presumably circumvented with the use of a shell company.
It’s an elaborate auction plan, befitting of the fact that one-character .com domains are super rare.
Only x.com, q.com and z.com are currently registered and it’s Verisign policy to reserve them in the unlikely event they should ever expire.
Billionaire entrepreneur Elon Musk this July reacquired x.com, the domain he used to launch PayPal in the 1990s, back from PayPal for an undisclosed sum.
Z.com was acquired by GMO Internet for $6.8 million in 2014.
Single-character domains are typically not reserved in the ICANN contracts of other gTLDs, whether pre- or post-2012, though it’s standard practice for the registry to reserve them for auction anyway.
Verisign’s reservations in .com and .net are a legacy of IANA policy, pre-ICANN and have been generally considered technically unnecessary for some years.
Still, there’s been a reluctance to simply hand Verisign, already a money-printing machine through accident of history, another windfall of potentially hundreds of millions of dollars by allowing it to sell off the names for profit. Hence the elaborate plan with the O.com trust fund.
The proposal to release O.com requires a contractual amendment, so Verisign has filed a Registry Services Evaluation Process request (pdf) with ICANN that is now open for public comment.
As a matter of disclosure: several years ago I briefly provided some consulting/writing services to a third party in support of the Verisign and Overstock positions on the release of single-character domain names, but I have no current financial interest in the matter.

O.co loses 61% of its traffic to O.com

Overstock.com’s decision to rebrand itself O.co had a disastrous effect on the internet retailer’s traffic, according to its CEO.
Patrick Byrne told financial analysts yesterday that “O.co was my bad call” and that “about eight out of 13 people who were trying to visit us through O.co, eight were typing O.com”
It’s not clear what the source of the data is, or why the measurement given was out of 13, but it works out to 61%.
Byrne noted that people may have typed o.co instead after figuring out that o.com doesn’t work – it’s currently reserved, alongside most other single-letter .com domains, by Verisign.
His comments came as Overstock reported 2011 revenue down 3% to $1.05 billion and fourth-quarter revenue down 10% to $314 million.
Byrne said on a conference call with analysts:

There were some bad decisions for which I take responsibility in marketing O.co. O.co was odd in that it worked on one level. It did get out there into people’s heads, but what we discovered, and we turned it up slowly and we actually had nice adoption from the beginning of last year, gradually people shifting to O.co and then, but we got into the Christmas season and it worked terribly for people who were not familiar with us. There was a tremendous amount of traffic diverting to O.com and I think we’ve figured out that it was about eight out of 13 people who were trying to visit us through O.co, eight were typing O.com. Now some of them may have come, trying anyway.

The company bought o.co from registry .CO Internet for $350,000 in July 2010, during the .co relaunch. It later said it would rebrand the company on its new domain.
It even bought the naming rights to the Oakland Coliseum, which is now known as the O.co Coliseum.
Until quite recently, Overstock was an important .CO Internet reference customer. Now, I’m guessing, not so much.
Overstock has “slowed” its rebranding, reverting to referring to o.co as a “shortcut” rather than its primary address, which remains overstock.com.
The company bought o.info last year and this week launched the site as an information portal for its products. It also operates o.biz as a business-to-business site.