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

gTLDFull Legal NameE-mail suffixDetail
.FARMERSFarmers Insurance Exchangemarkmonitor.comView
i. Given the nature of the applied-for gTLD and its mission and purpose, Applicant considers it unlikely that there will be multiple applications for a particular domain name in the applied-for gTLD.

In line with the Applicant’s mission and purpose for the applied-for gTLD, it is important for the Applicant to safeguard and protect its brand at the top level of the DNS’ hierarchy. Such protection does not only extend to the actual registration, delegation and use of the gTLD, but also to the domain names that are registered therein, and how these domain names are used.

Following the delegation of the applied-for gTLD, the gTLD 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. While the Applicant has not fully determined the exact types of domain names to be registered and the exact use of such domain names, the Applicant nonetheless initially contemplates a single registrant TLD. 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.” The term “Affiliate” has been defined in Article 2.9 (c) of the draft Registry Operator Agreement as follows:“a person or entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the person or entity specified.”

As a result, it is unlikely that there will be multiple applications for a particular domain name. There will also likely be no social costs for third parties, given the fact that they will be unable to register domain names in the applied-for gTLD in any event.

Over time, if the Applicant determines, at its sole discretion, that it will allow certain categories of additional stakeholders to register domain names in the applied-for gTLD, the Applicant will devise policies to that effect. The Applicant reserves 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.

If the Applicant allows certain categories of stakeholders to register domain names in the applied-for gTLD, it will release available domain names 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 applied-for gTLD.

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, the Applicant reserves the right to change or restrict any policies, procedures and practices at any point if it is of the opinion that there would be a risk of damage to the reputation of the Applicant’s brand.

ii. The Applicant ⁄ Registry Operator intends to implement cost benefits for registrations by, at the outset, making the applied-for gTLD available to qualifying domain name registrants at no cost to them. However, if necessary as the gTLD develops over time, the Applicant ⁄ Registry Operator may, at its discretion, charge a fee to its stakeholders for the registration of domain names under the applied-for gTLD.

iii. The Applicant ⁄ Registry Operator may, at its discretion, make contractual commitments to implement, increase, or decrease the fees for the registration of domain names under the applied-for gTLD.
gTLDFull Legal NameE-mail suffixDetail
.AETNAAetna Life Insurance CompanyAETNA.comView

i. Given the nature of the applied-for gTLD and its mission and purpose, Aetna considers it unlikely that there will be multiple applications for a particular domain name in the applied-for gTLD. Even so, Aetna Life Insurance Company (“Aetnaʺ) still intends to adopt a number of operating rules to eliminate or minimize unforeseen social costs and negative consequences, including limiting registration to Aetna and⁄or Aetna affiliates, and their trademarks, programs, and internal departments.

More specifically, and in line with Aetna’s mission and purpose for the .AETNA TLD, it is important for Aetna to safeguard and protect the AETNA® mark 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.

Therefore, following the delegation of the applied-for gTLD, the gTLD 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. While Aetna has not fully determined the exact types of domain names to be registered and the exact use of such domain names, the Applicant nonetheless initially contemplates a single registrant TLD. 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.” The term “Affiliate” has been defined in Article 2.9 (c) of the draft Registry Operator Agreement as follows:“a person or entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the person or entity specified.”

This means that parties who are not Aetna or – insofar and to the extent Aetna deems appropriate – an Affiliate of Aetna - will not be entitled to register domain names in the .AETNA TLD. As a result, it is unlikely that there will be multiple applications for a particular domain name. There likely will also be no social costs for third parties, given the fact that they will be unable to register domain names in the applied-for gTLD in any event.

Aetna believes this to be in line with two of the main elements in its mission statement, namely:

• protecting and safeguarding the AETNA® mark, brand, and its reputation, by keeping full control over the entire operation of the .AETNA registry and every domain name registered therein; and

• guaranteeing to Aetna’s key stakeholders who are interacting with Aetna and, as the case may be, its Affiliates, by using domain name registrations in .AETNA, that they are in fact interacting with the brand owner or its authorized Affiliates.

Nonetheless, even if only Aetna (and, as the case may be, Aetna’s Affiliates) will be entitled to register domain names, this does not exclude the possibility that disputes may arise with one or more third parties regarding domain names that are registered in the .AETNA TLD. In order to avoid these risks, Aetna intends to implement the following policies and processes:

First, the domain names to be registered by Aetna and, as the case may be, its Affiliates, will likely relate to the following:

• registered trademarks of Aetna;
• names of the Affiliates of Aetna;
• names of departments within AETNA and its Affiliates;
• programs offered through the .AETNA gTLD;
• and other similar entities or concepts.

Second, Aetna intends to register generic words that are directly or indirectly related to the day-to-day business activities and operations of Aetna and its Affiliates.

Prior to effectively registering such domain names in the .AETNA TLD, Aetna 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 the event that Aetna has a legitimate interest in the domain name, because it is merely descriptive of the activities, products or services offered by Aetna and⁄or its Affiliates, it is likely that a third party would not have a valid claim under the Uniform Dispute Resolution Policy or Uniform Rapid Suspension policy.

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

While Aetna has provided significant detail here for its proposed gTLD, considering the fact that the actual award and delegation of the applied-for gTLD to Aetna is subject to the successful evaluation of the application, these details will be further refined and developed once the gTLD is granted to Aetna.

For instance, if after the delegation of the gTLD Aetna determines that it will allow additional categories of stakeholders to register domain names in the applied-for gTLD, it will devise policies to that effect. These policies will include the release of such available domain names post launch in a highly controlled manner – reducing the likelihood that two or more applicants qualify for the registration of the same domain name in the .AETNA TLD. If a dispute does arise, domain names will be allocated on a first-come, first-served basis.
In any event, Aetna reserves 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. It also reserves the right to change or restrict any policies, procedures, and practices at any point in time if it is of the opinion that there would be a risk that the reputation of the AETNA® marks or brand would be damaged.

ii. At the outset, Aetna Life Insurance Company, the Registry Operator, intends to make the applied-for gTLD available to qualifying domain name registrants at no cost to them. As the business develops, however, it may, at its discretion, charge a fee for the registration of domain names under the applied-for gTLD.

iii. Over time, it may also, at its discretion, make contractual commitments to implement, increase or decrease the fees for the registration of domain names under the applied-for gTLD. However, it will make such changes according to the contractual commitments it has negotiated with the registrants of its TLD.