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18(c) What operating rules will you adopt to eliminate or minimize social costs?

gTLDFull Legal NameE-mail suffixDetail
.bookingBooking.com B.V.markmonitor.comView
In line with Booking.com’s mission and purpose for the .booking gTLD, it is first and foremost important for Booking.com to safeguard and protect the key element out of its BOOKING.COM trademark at the top level of the DNS’ hierarchy. Such protection does not only extend to the actual registration, delegation and use of the TLD, but also to the domain names that are registered therein, and how these domain names are used.

Considering the fact that the actual award and delegation of the .booking gTLD to Booking.com is subject to the successful evaluation of our application, we have not yet defined in detail:

* the types of domain names that will be registered;
* who will be entitled to select which domain names will be registered
* who will be entitled to register such domain names;
* who will be entitled to use such domain names, and
* which types of use will be allowed or recommended.

As we believe that the development and implementation of one or more business cases could likely take a couple of months or even years, we have only focused on a number of high-level characteristics of our plans in relation to the operation of the .booking gTLD.

By all means, it is in Booking.com’s self-interest to, on the one hand, make the most of this initiative, promote its own business interests, and mitigate risks for its brand and brand reputation, whilst also reducing the (social) costs for others.

In this context, we intend to devise policies that encompass and comprise the following features:

At least during the initial months or even years following the delegation of the .booking gTLD to Booking.com, this extension is likely going to be a so-called “single registrant TLD” as contemplated by ICANN in Article 4.5 of the template Registry Operator Agreement (“Transition of Registry upon Termination of Agreement”). For the avoidance of doubt, a “single registrant TLD” is a TLD where “(i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for its own exclusive use, and (ii) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator.”

Therefore, parties who are not Booking.com will not be entitled to register domain names in the .booking gTLD.

Booking.com believes this to be in line with two of the main elements in its vision and mission statement, namely:

* Protecting and safeguarding the BOOKING.COM brand and its reputation, by keeping full control over the entire operation of the .booking registry and every domain name registered therein; and

* Guaranteeing to Booking.com’s key stakeholders who are interacting with Booking.com, by using domain names registered in .booking that they are in fact interacting with the brand owner.

Consequently, there will be no (social) costs for non-eligible (third) parties, given the fact that they will be unable to register domain names in the .booking gTLD in the first place.

However, even if only Booking.com will be entitled to register domain names, this does not exclude the hypothesis that disputes may arise with one or more third parties as regards domain names that are registered in the .booking gTLD.

In order to avoid these risks, Booking.com intends to implement the following policies and processes:

First, the domain names to be registered by Booking.com will likely relate to the following:

* registered trademarks of Booking.com;
* names of affiliates or hotel partners of Booking.com;
* names of departments within Booking.com
* names of subsidiaries.

Furthermore, Booking.com envisages registering a fair number of generic words that are directly or indirectly related to the day-to-day business activities and operations of Booking.com and its Affiliates.

Prior to effectively registering such domain names in the .booking gTLD, Booking.com will require its legal department to review the list of these domain names on a regular basis in order to satisfy itself that they will not infringe the rights of third parties.

In any case, Booking.com shall claim to have a legitimate interest in these domain names, as they are merely descriptive of the activities, products or services of Booking.com. So even if one or more of these domain names would be protected by a registered trademark, held by a third party, it is likely that a claim under the Uniform Dispute Resolution Policy or Uniform Rapid Suspension policy will fail.

As regards the names referred to in Specification 5 to the template Registry Operator Agreement, Booking.com will follow the processes and procedures established by ICANN and the Governmental Advisory Committee.

If Booking.com would determine, at its sole discretion, that it will gradually allow certain categories of stakeholders to register domain names in the .booking gTLD in their own name, Booking.com will devise policies to that effect.

However, Booking.com will at all times be entitled to restrict, limit or expand, among others:

* the category or categories of stakeholders who will be entitled to register one or more domain names in the .booking gTLD, including their criteria for qualification;
* the choice of domain name(s) registered in the .booking gTLD by and per such eligible stakeholder (category);
* the use made by an and per eligible stakeholder of a domain name registered in the .booking gTLD;
* the transfer of domain names registered in .booking..

Booking.com shall reserve the right to subject the registration or use of a domain name to internal approval processes and procedures, at each and every step of the domain name life cycle.

Given the fact that Booking.com may release such available domain names post launch in a highly controlled manner, this also reduces the likelihood that two or more applicants qualify for the registration of the same domain name in the .booking top-level domain;

As a method of last resort, and subject to the actual domain name registration policy adopted by the Registry Operator and in force at the time of registration, domain names will be allocated on a first-come, first-served basis.

In any event, Booking.com reserves the right to change or restrict any policies, procedures and practices at any point in time, especially if it is of the opinion that there would be a risk that, e.g. the reputation of the BOOKING.COM brand would be damaged.

The Applicant intends to make the .booking top-level domain available to qualifying domain name registrants at no cost to them; if the Applicant ⁄ Registry Operator would be required to charge a fee for the registration of domain names under the .booking TLD, the fee will be set at a cost-recovery or arm’s length basis, to be determined at that time by the Registry.

If Booking.com will be required to or would decide to increase the fees for the registration of domain names, such increases will keep pace with the comparable market rates at that point in time.

So, in brief:

1. The Applicant ⁄ Registry Operator may reserve, delegate and use a potentially large number of domain names that are directly or indirectly relevant to Applicant’s business in its own name. Since some of these domain names could be of a descriptive nature, the chances for qualifying ⁄ eligible applicants ⁄ registrants to register such domain names after the launch will be limited;

2. The Registry Operator shall be entitled at all times to release available domain names post launch in a highly controlled manner, which also reduces the likelihood that two or more applicants qualify for the registration of the same domain name in the .booking top-level domain;

3. As a method of last resort, and subject to the actual domain name registration policy adopted by the Registry Operator and in force at the time of registration, domain names will be allocated on a first-come, first-served basis;

4. If the Applicant decides to allow third parties to register a domain name under the .booking TLD, the Applicant intends to make.booking top-level domains available to qualifying domain name registrants at no cost to them; if the Applicant ⁄ Registry Operator would be required to charge a fee for the registration of domain names under the .booking TLD, the fee will be set at a cost-recovery or arm’s length basis, to be determined at that time by the Registry;

5. If the Applicant ⁄ Registry Operator will be required to increase the fees for the registration of domain names, such increases are intended to keep pace with comparable market rates. However, the Registry Operator shall at all times be entitled to bundle the registration of domain names with other products or services offered by or on behalf of Booking.com at a fee to be set by the Registry Operator.
gTLDFull Legal NameE-mail suffixDetail
.medHEXAP SAShexap.comView
OPERATING RULES OVERVIEW

In line with our mission statement and purpose for the .MED gTLD, it is
important for us to ensure that social costs and operational problems or
issues in relation to the .MED gTLD are minimized to the maximum extent
possible.

First of all, the founders of HEXAP have built up a reputation as
a leading and independent provider servicing the needs of the members of
various medical professions and want to avoid the unduly exploitation of
that reputation in the domain name space by third parties.

The protection mechanisms HEXAP intends to put in place do therefore not
only extend to the actual registration, delegation and use of the TLD, but
also to the domain names that are registered therein, and how these domain
names are used.

In order to ensure that .MED will be and remain for the foreseeable future a
reliable, trustworthy, safe and secure space, HEXAP will devise policies in
that will contain clear guidelines and rules in relation to:

- the types of domain names that will be registered;

- who will be entitled to select which domain names will be registered;

- who will be entitled to register such domain names;

- who will be entitled to use such domain names; and

- which types of use of such domain names will be allowed or recommended.

As we believe that the development and implementation of one or more
business cases could likely take a couple of months or even years, we have
herein only focused on a number of high-level characteristics of our plans
in relation to the operation of the .MED gTLD.

By all means, it is in HEXAPʹs vested interest to make the
most of this initiative, promote the interests of its registrants (be it
legal entities or individuals), and mitigate risks for the .MED gTLD, the
reputation of HEXAP and its members, whilst also reducing the (social) costs
for others.

The Medical Clearinghouse, which will be established by HEXAP, will play a
pivotal role in this respect.

In this context, we will devise policies that encompass and comprise the
following features:

1. LAUNCH PROCESS

The .MED start-up processes are made of three specific periods.

- SUNRISE A: this period will be focused on trademark holders only willing
to put a domain on a «do-not-sell» list. This list will be handled by the
Registry for a 10-years period (or for the entire term of the Registry
Agreement). Requests will be verified by the Registry Operator using the
Trademark Clearinghouse only.

- SUNRISE B: this period will be focused on trademark holders only, where
contention between two parties holding an identical trademark for a
particular string will be resolved by auction. Registrants must meet the
eligibility requirements, thus requests will be verified by the Registry
Operator using the Trademark Clearinghouse and the Medical Clearinghouse.

- LANDRUSH: this period will allow registration of ʺselected premium domain
namesʺ with an auction process. Registrants must meet the eligibility
requirements, thus requests will be verified by the Registry Operator
using the Medical Clearinghouse.

Following the end of the .MED start-up process, registrations of domain
names will be done on a first-come, first served basis.

Both during and after the Sunrise period, any and all domain name
registration requests will be verified by the Registry Operator in order to
guarantee their compliance with policies that have been set by the Registry
Operator.

2. REGISTRATION COSTS

At this stage, no particular discounts have been foreseen. Nonetheless,
HEXAP reserves the right to implement certain cost benefits for registrars,
considering the additional complexities in dealing with verification
processes handled by the Registry Operator only that will be implemented in
order for potential registrants to register domain names in .MED.

3. REGISTRY AGREEMENT

Currently, HEXAP foresees to increase its prices with 5% annually; insofar
and to the extent this price increase will be kept, this threshold will be
included in the Registry-Registrar Agreement.

Furthermore, HEXAP envisages registering a fair number of generic words that
are directly or indirectly related to the services and products offered to
and the activities organized by the various members of HEXAP.

Prior to effectively registering such domain names in the .MED gTLD, HEXAP
will require its legal and intellectual property department to review the
list of these domain names on a regular basis in order to satisfy itself
that they will not infringe the rights of third parties.

In any case, HEXAP will claim to have a legitimate interest in these domain
names, as they are merely descriptive of the activities, products or
services of HEXAP offered to its members. So even if one or more of these
domain names would be protected by a registered trademark, held by a third
party, it is likely that a claim under the Uniform Dispute Resolution Policy
or Uniform Rapid Suspension policy will fail.

As regards the names referred to in Specification 5 to the template Registry
Operator Agreement, HEXAP will follow the processes and procedures
established by ICANN and the Governmental Advisory Committee.

However, HEXAP will at all times be entitled to restrict, limit or expand:

- the category or categories of stakeholders who will be entitled to
register one or more domain names in the .MED gTLD, including their
criteria for qualification, however in any case excluding stakeholders who
are not a member of HEXAP or do not have a sufficient link to the HEXAP
community;

- the choice of domain name(s) registered in the .MED gTLD by and per such
eligible stakeholder (category);

- the use made by an and per eligible stakeholder of a domain name
registered in the .MED gTLD;

- the transfer of domain names registered in .MED;

- etc.

HEXAP shall reserve the right to subject the registration or use of a domain
name to internal approval processes and procedures, at each and every step
of the domain name life cycle.