Nu Dot Co didn’t agree to a private auction. A private auction would have meant proceeds be divided equally among the losing bidders. Due to failure to agree, the domain was awarded in the form of an ICANN auction. Here, the entire sales proceeds go to the non-profit organization.
Fellow bidders, Radix and Donuts, lodged a complaint with ICANN, in the hope of postponing the auction to a later date. They suspected there had been a change in shareholders behind Nu Dot Co and wanted to unmask their competitors as a shell company of big players in the domain business in order to exclude them from the bidding process. ICANN rejected the complaint after just four days, which seemed unusually fast as the committee had required more than a month to make such a decision in the past.
Donuts, the owner of new top-level domains .business and .company. tried to obtain an injunction against ICANN. Donuts accused ICANN of having violated their business policy and established guidelines. The claim also demanded millions in compensation for lost and future profits of at least 10 million US dollars due to a breach of contract and unfair competition. However, the US court wasn’t convinced, and the auction still took place.