gTLD | Full Legal Name | E-mail suffix | Detail | .booking | Booking.com B.V. | markmonitor.com | View |
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.
gTLD | Full Legal Name | E-mail suffix | Detail | .mini | Bayerische Motoren Werke Aktiengesellschaft | thomsentrampedach.com | View |
The TLD ultimately is intended to serve as BMW’s integrated online branding and services platform. It is envisaged to function with leading-edge technologies and business practices, ensuring a trustworthy and positive user experience. The goal is to use BMW’s online infrastructure, services and marketing to encourage Internet users to interact with the company online. BMW intends to use advanced technical and policy measures to ensure the security and reliability of online transactions and communications taking place on domains within the TLD, and to ensure that domain names in the TLD are only used for authorized purposes.
In general, BMW intends for users to perceive the TLD as a trustworthy and intuitive indicator of the source of its online information and services. BMW intends to use advanced technical and policy measures to ensure the security and reliability of online transactions and communications taking place on domains within the TLD, and to ensure that domain names in the TLD are only used for authorized purposes. Naturally, as BMW will be the registrant of all domain names within the space, it will have control over the content displayed on “.MINI” websites. BMW intends to provide a safe and trustworthy Internet space, enhancing user experience by mitigating security-associated risks.
The TLD is designed to reinforce the corporate ideals of BMW and its MINI brand, and to provide an online forum by which the company may communicate with all of its dealers, partners, affiliates, customers, investors and the general public in a streamlined and consistent manner. Domains within the TLD will only be used for purposes authorized by BMW, and domain usage guidelines will be implemented and enforced to constantly ensure the integrity and reputation of the TLD. Domain usage guidelines will be implemented and enforced to constantly ensure the integrity of users’ “.MINI” experience and the reputation of the TLD.
All domain name registrations within the “.MINI” space shall be held by BMW. The company may, from time to time and in its sole discretion, elect to license domain name registrations to appropriate corporate divisions, subsidiaries, affiliated and authorized importers and dealers, and other affiliated entities, in order to further the business interests of the company. All domain name registrations and license agreements shall incorporate the usage requirements set out in the Domain Name Registration and Use Policy for ”.MINI,” a draft version of which is provided at the end of this section. BMW intends that no domain name in the “.MINI” space shall be used in a manner which:
- infringes any other third parties rights
- is in breach with any applicable laws, government rules or requirements
or for the purposes of:
- undertaking any illegal or fraudulent actions, including spam or phishing activities, or
- defaming BMW or its businesses, affiliates, dealers, employees, etc.
The “.MINI” domain space shall be used for the benefit of the BMW company. BMW will have the right to revoke any domain name license agreement should BMW deem such action appropriate for the benefit of BMW and its business interests.
The content and use of all registered “.MINI” domain names will be monitored by BMW on an ongoing basis, and compliance with the contractual restrictions and guidelines will be enforced. Violations of any restrictions, guidelines or other contractual conditions may result in termination of the relevant domain name license.
BMW will implement a Sunrise period of 30 days for the purpose of complying with ICANN requirements. However, because the Registry Operator will be the sole registrant within this space, there will be no other registrants eligible to reserve or register a domain during this period. The Registry Operator will develop and implement an appropriate Sunrise Dispute Resolution Policy (SDRP), containing the elements specified by ICANN, for the resolution of any disputes which might in theory arise during this period.
During the initial launch period, for no less than 60 days, a Trademark Claims Services system will be in place as required by ICANN. During this period there will be a notice sent to the prospective registrant of any “.MINI” domain name, prior to its registration, should such domain name constitute an identical match of a mark registered in the Trademark Clearinghouse. Moreover the right owner or owners, as recorded in the Trademark Clearinghouse, will be informed once any such domain name has been registered following this event.
i) How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
As indicated above, all domain name registrations within the “.MINI” space will be held by BMW itself. BMW may, in its sole discretion, elect to license the use of “.MINI” domain names to appropriate corporate divisions, subsidiaries, affiliated and authorized importers and dealers, and other affiliated entities, but the registrant of record for all domain names within the TLD space shall remain BMW. All such licensees shall be required to use the domains for the purposes specified by BMW under the terms of their relevant license agreements. BMW will maintain, at all times, control over the content and use of the domains within the new TLD, and will remain the sole registrant of record.
This single-registrant system will ensure that the TLD remains a tightly controlled, safe space for Internet users, and will ensure that the network of registrations remains well-organized. These protections will naturally inure to the benefit of Internet users who wish to interact or communicate with BMW online.
ii) Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).
As outlined above, all domain name registrations in the TLD space will be held by BMW itself and pricing (if any) of domain registrations will be a matter of company policy.
iii) Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation?
As noted above, BMW will be the sole holder of all domain name registrations in the TLD. Accordingly, BMW does not intend to make any commitments regarding the magnitude of price escalation.
A full text draft version of the anticipated Domain Name Use Policy for “.MINI” is provided below.
DRAFT Domain Name Registration and Use Policy for “.MINI”
I. General principles
1. Purpose
The “.MINI” Top Level Domain (ʺTLDʺ) established by and for the use of Bayerische Motoren Werke AG, the Registry Operator for the TLD space. BMW will, with the advice and assistance of the Registry Service Provider KSregistry GmbH and relevant governmental bodies, develop, maintain and enforce effective TLD management strategies to manage the “.MINI” space.
This Policy is intended to be updated and revised regularly to reflect the needs of BMW and its TLD. The current version of this Policy will be made publicly available at: [insert website when determined].
The registration of domain names within the “.MINI” TLD shall be restricted to BMW itself, thus following a single-registrant model. BMW may, in its sole discretion, elect to license registrations within this space to, inter alia, appropriate corporate divisions, subsidiaries, affiliated and authorized importers and dealers, and other affiliated entities.
2. Registration Policy
As indicated above, the “.MINI” space will follow a single-registrant model. Thus, Bayerische Motoren Werke AG shall be the only entity eligible to register domain names within the “.MINI” TLD.
II. Domain Allocation Rules
3. String Requirements and Reserved Names
String Requirements
Second-Level Domain names within the TLD must only include hyphens in the third and fourth position if they represent valid internationalized domain names in their ASCII encoding (for example ʺxn--ndk061nʺ), and must otherwise comply with any other applicable ICANN requirements.
Reserved Names
1. The label “EXAMPLE” shall be reserved at the second level and at all other levels within the TLD at which Registry Operator makes registrations
2. Two-character labels. All two-character labels shall be initially reserved. The reservation of a two-character label string may be released to the extent that Registry Operator reaches agreement with the government and country-code manager. The Registry Operator may also propose release of these reservations based on its implementation of measures to avoid confusion with the corresponding country codes
3. Second-Level Reservations for Registry Operations. The following names are reserved for use in connection with the operation of the registry for the TLD: NIC, WWW, IRIS and WHOIS
4. The List of Reserved Names shall be compiled by BMW and will be publicly posted online at [website to be determined]. BMW reserves the right to include new names in the list of reserved names
Country and Territory Names
The country and territory names contained in the following internationally recognized lists shall be initially reserved at the second level and at all other levels within the TLD at which the Registry Operator provides for registrations:
1. the short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time to time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union 〈http:⁄⁄www.iso.org⁄iso⁄support⁄country_codes⁄iso_3166_code_lists⁄iso-3166-1_decoding_table.htm#EU〉;
2. the United Nations Group of Experts on Geographical Names, Technical Reference Manual for the Standardization of Geographical Names, Part III Names of Countries of the World; and
3. the list of United Nations member states in 6 official United Nations languages prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographical Names; provided, that the reservation of specific country and territory names may be released to the extent that Registry Operator reaches agreement with the applicable government(s), provided, further, that Registry Operator may also propose release of these reservations, subject to review by ICANN’s Governmental Advisory Committee and approval by ICANN
III. Registration and Licensing Rules
4. Registration period and renewals
A “.MINI” domain name may be registered, and renewed at the end of each registration period, subject to the current terms and conditions offered by the concerned Registrar.
5. Licensing of domain name registrations
BMW may, in its sole discretion, elect to license domain name registrations within the “.MINI” space to, inter alia, appropriate corporate divisions, subsidiaries, affiliated and authorized importers and dealers, and other affiliated entities. In all cases, however, BMW will remain the registrant of record for all domain name registrations within the TLD, and shall retain the authority to modify or terminate such registrations at any time via the concerned registrar.
IV. Acceptable Usage Guidelines for “.MINI” Domain Names
6. Acceptable Use
The “.MINI” space is intended to function as the BMW’s online corporate branding platform, and as such the registrations therein should generally support the goals and mission of the organization.
BMW intends that no domain name in the “.MINI” space shall be used in a manner which:
- infringes any other third parties rights
- is in breach with any applicable laws, government rules or requirements
or for the purposes of:
- undertaking any illegal or fraudulent actions, including spam or phishing activities, or
- defaming BMW or its businesses, affiliates, dealers, employees, etc.
BMW will routinely monitor the use of all domain names registered in the “.MINI” space to ensure that the content displayed thereon is in the best interests of the company and its business endeavors.
V. Dispute Resolution Policies
7. Uniform Domain Name Dispute Resolution Policy (ʺUDRPʺ)
The Uniform Domain Name Dispute Resolution Policy (ʺUDRPʺ) shall apply to any challenges to registered domain names on the grounds that: 1) such domain names are identical or confusingly similar to a trademark in which the complainant has rights, 2) the registrant lacks rights or legitimate interests in the domain name, and 3) the domain name has been registered and used in bad faith.. The full text of the UDRP is located at the following address: http:⁄⁄www.icann.org⁄dndr⁄udrp⁄policy.htm
8. Uniform Rapid Suspension System (“URS”)
The Uniform Rapid Suspension System (“URS”) shall apply to any challenges to registered domain names on the grounds that: 1) such domain names are identical or confusingly similar to a trademark in which the complainant has rights, 2) the registrant lacks rights or legitimate interests in the domain name, and 3) the domain name has been registered and used in bad faith. The full text of the URS is located at the following address: [insert website when available].
9. Trademark Post-Delegation Dispute Resolution Procedure (Trademark PDDRP)
The Registry Operator for “.MINI” shall agree to be bound by the Trademark Post-Delegation Dispute Resolution Procedure (Trademark PDDRP). The Trademark PDDRP applies to challenges by trademark holders claiming that one or more of its marks have been infringed, and thereby the trademark holder has been harmed, by the registry operator’s manner of operation or use of the gTLD. The full text of the Trademark PDDRP is located at the following address: [insert website when available].