29 Rights Protection Mechanisms
|gTLD||Full Legal Name||E-mail suffix||Detail|
|.ABC||American Broadcasting Companies, Inc.||disney.com||View|
1 MECHANISMS DESIGNED TO PREVENT ABUSIVE REGISTRATIONS
Rights protection is a core objective of American Broadcasting Companies, Inc. (“ABC”). ABC will implement and adhere to any rights protection mechanisms (RPMs) that may be mandated from time to time by ICANN, including each mandatory RPM set forth in the Trademark Clearinghouse model contained in the Registry Agreement, specifically Specification 7. ABC acknowledges that, at a minimum, ICANN requires a Sunrise period, a Trademark Claims period, and interaction with the Trademark Clearinghouse with respect to the registration of domain names for the .ABC gTLD. It should be noted that because ICANN, as of the time of this application submission, has not issued final guidance with respect to the Trademark Clearinghouse, ABC cannot fully detail the specific implementation of the Trademark Clearinghouse within this application. ABC will adhere to all processes and procedures necessary to comply with ICANN guidance once this guidance is finalized.
As described in this response, ABC will implement a Sunrise period and Trademark Claims service with respect to the registration of domain names within the .ABC gTLD. Certain aspects of the Sunrise period and⁄or Trademark Claims service may be administered on behalf of ABC by ABC’s approved registrar(s).
Sunrise Period. As provided by the Trademark Clearinghouse model set forth in the ICANN Applicant Guidebook, ABC will offer a Sunrise service pre-registration procedure for domain names for at least 30 days prior to the launch of the general registration of domain names in the .ABC gTLD. During this period, ABC requires all Sunrise registrants, either directly, or through ABC-approved registrars, to i) warrant that said registrants meet the Sunrise Eligibility Requirements (SER) and ii) submit to the Sunrise Dispute Resolution Policy (SDRP) consistent with Section 6 of the Trademark Clearinghouse model. At a minimum ABC recognizes and honors all word marks for which a proof of use was submitted and validated by the Trademark Clearinghouse as well as any additional eligibility requirements as specified in ABC’s response to Question 18. Trademark holders who satisfy the SER and other eligibility requirements can register a domain name in the .ABC gTLD that is identical to their validated trademark.
Holders of marks that have been previously validated by the Trademark Clearinghouse receive notice of domain names submitted during theSunrise period that are an identical match (as defined in the ICANN Applicant Guidebook) to their mark(s). Such notice is in accordance with ICANN’s requirements and is provided by ABC either directly, or through ABC-approved registrars. Such notice triggers the Sunrise Dispute Resolution Procedure.
During the Sunrise period, ABC, or ABC-approved registrars, as applicable, are responsible for determining whether each domain name is eligible to be registered (including in accordance with the SERs).
Trademark Claims Service. As provided by the Trademark Clearinghouse model set forth in the ICANN Applicant Guidebook, ABC will provide a Trademark Claims service for a minimum of 60 days after the launch of the general registration of domain names in the .ABC gTLD (Trademark Claims period).
During the Trademark Claims period, in accordance with ICANN’s requirements, ABC, or the ABC-approved registrars will send a Trademark Claims Notice to any prospective registrant of a domain name that is an identical match (as defined in the ICANN Applicant Guidebook) to any mark that is validated in the Trademark Clearinghouse. The Trademark Claims Notice will include links to the Trademark Claims as listed in the Trademark Clearinghouse and will be provided at no cost.
Prior to registration of said domain name, ABC, or the ABC-approved registrars will require each prospective registrant to provide the warranties dictated in the Trademark Clearinghouse model set forth in the ICANN Applicant Guidebook. Those warranties will include acknowledgement of receipt and understanding of the Trademark Claims Notice and confirmation that registration and use of said domain name would not infringe on the trademark rights of the mark holders listed. Without receipt of said warranties, ABC or the ABC-approved registrars will not process the domain name registration.
Following the registration of an identical domain name during the Trademark Claims period, ABC or the ABC-approved registrars will provide a notice of domain name registration to the holders of marks that have been previously validated by the Trademark Clearinghouse and are an identical match. This notice will be as dictated by ICANN. At a minimum ABC will recognize and honor all word marks validated by the Trademark Clearinghouse and meet as well any additional eligibility requirements as specified in Question 18.
2 MECHANISMS DESIGNED TO IDENTIFY AND ADDRESS THE ABUSIVE USE OF REGISTERED NAMES ON AN ONGOING BASIS
In addition to the Sunrise and Trademark Claims services described in Section 1 of this response, ABC implements and adheres to post-launch RPMs as mandated by ICANN, and confirms that any registrars accredited for the .ABC gTLD are in compliance with these mechanisms. Certain aspects of these post-launch RPMs may be administered on behalf of ABC by ABC-approved registrars.
These post-launch RPMs include requiring that each prospective registrant agrees to be subject to the established Uniform Domain-Name Dispute-Resolution Policy (UDRP), as well as the newer Uniform Rapid Suspension System (URS) and Trademark Post-Delegation Dispute Resolution Procedure (PDDRP). Where applicable, ABC will implement all determinations and decisions issued under the corresponding RPM.
After a domain name is registered, trademark holders can object to the registration through the UDRP or URS. Objections to the operation of the .ABC gTLD can be made through the PDDRP.
The following descriptions provide implementation details of each post-launch RPM for the .ABC gTLD:
· UDRP: The UDRP provides a mechanism for complainants to object to domain name registrations pursuant to the standards set forth in the UDRP. The complainant files its objection with a UDRP provider and the domain name registrant has an opportunity to respond. The UDRP provider makes a decision based on the papers filed. If the complainant is successful, and eligibility requirements are met, ownership of the domain name registration is transferred to the complainant. If the complainant is successful, and eligibility requirements are not met, the disputed domain name registration will be deleted. If the complainant is not successful, ownership of the domainname remains with the domain name registrant. ABC and entities operating on its behalf adhere to all decisions rendered by UDRP providers.
· URS: As provided in the Applicant Guidebook, all registries are required to implement the URS. Similar to the UDRP, a complainant files its objection with a URS provider. The URS provider conducts an administrative review for compliance with filing requirements. If the complaint passes review, the URS provider notifies the registry operator and locks the domain. A lock means that the registry restricts all changes to the registration data, but the name will continue to resolve. After the domain is locked, the complaint is served to the domain name registrant, who has an opportunity to respond. If the complainant is successful, the registry operator is informed and the domain name is suspended for the balance of the registration period; the domain name will not resolve to the original website, but to an informational web page provided by the URS provider. In case of a default by the domain name registrant, the suspension of the domain name will no longer apply, and resolution of the domain name to the original IP address will resume, if the registrant seeks relief from default in accordance with applicable procedures and time limits; however, while the examination after default is in process, the registry operator will lock the domain, as specified above. If the complainant is not successful, the URS is terminated and full control of the domain name registration is returned to the domain name registrant. Similar to the existing UDRP, ABC and entities operating on its behalf adhere to decisions rendered by the URS providers.
· PDDRP: As provided in the Applicant Guidebook, all registries are required to implement the PDDRP. The PDDRP provides a mechanism for a complainant to object to the registry operator’s manner of operation or use of the gTLD. The complainant files its objection with a PDDRP provider, who performs a threshold review. The registry operator has the opportunity to respond and the provider issues its determination based on the papers filed, although there may be opportunity for further discovery and a hearing. ABC participates in the PDDRP process as specified in the Applicant Guidebook.
Additional Measures Specific to Rights Protection. ABC provides additional measures against potentially abusive registrations. These measures help mitigate trademark and copyright abuse as well as phishing, pharming, and other Internet security threats. The measures exceed the minimum requirements for RPMs defined by Specification 7 of the Registry Agreement and are available at the time of registration. These measures include:
· Eligibility Requirements. The only registrant allowed to register names in the .ABC gTLD will be American Broadcasting Companies, Inc., its affiliates and agents. Registrations from other entities will be denied. This “closed” gTLD process is expected to significantly reduce the chance of any abusive registrations.
· Rapid Takedown or Suspension Based on Court Orders: ABC shall respond promptly within its technical capabilities as a TLD registry to a properly issued order from a court of competent jurisdiction that directs it to suspend or take down a domain name that has been connected to a violation of copyright or trademark law. These orders may be issued when abusive content, such as child pornography, counterfeit goods, or illegal pharmaceuticals, is associated with a domain name.
· Anti-Abuse Process: ABC will implement an anti-abuse process that is executed based on the type of domain name takedown requested. The anti-abuse process is for malicious exploitation of the DNS infrastructure, such as phishing, botnets, and malware.
· Bi-annual Whois verification: ABC, as operator of the registry and its sole registrant, will perform audits of its own verified Whois information to ensure compliance and accuracy. In addition, the registry will allow interested parties to report cases of inaccurate Whois information via an inbound reporting mechanism on the .ABC gTLD webpage.
· Active Participation in Anti-abuse Community Activities: ABC through our parent company and directly is and will continue to be an active participant in the anti-abuse community. As this is a perpetual process, ABC takes participation in various organizations, seminars and conferences very seriously and looks to learn from the experience of others as well as share our experiences with said others to promote a safer online space.
3. RESOURCING PLANS
Resource Planning Specific to ABC
The .ABC gTLD will be fully supported by a cross function team of ABC professionals. Given that ABC will operate a closed gTLD, contract with their existing registrars, and permit registration only of a limited number of second level domains, only limited internal resources will be required. ABC projects it will use the following personnel to support the mechanisms designed to prevent abusive registrations, but in any event will increase resources, if necessary, to insure compliance with all ICANN requirements:
· Technical Liaison (.5 FTE) – responsible for issues between the Registrars, Registry Services outsourced provider (Verisign), and ABC, the Registry Operator, including coordination, communication, issue tracking and resolution, and escalation.
· Executive Oversight (.1 FTE)
· Administrative Support (.1FTE)
· Paralegal to administrate various legal agreements ⁄ language (.3 FTE)
Resource Planning Specific to Registrars
RPMs and related requirements in the .ABC gTLD will be fully supported by ABC-approved registrars which will staff as appropriate to meet all ICANN requirements.
Resource Planning Specific to Backend Registry Activities
Verisign, ABC’s selected backend registry services provider, is an experienced backend registry provider that has developed a set of proprietary resourcing models to project the number and type of personnel resources necessary to operate a TLD. Verisign routinely adjusts these staffing models to account for new tools and process innovations. These models enable Verisign to continually right-size its staff to accommodate projected demand and meet service level agreements as well as Internet security and stability requirements. Using the projected usage volume for the most likely scenario (defined in Question 46, Template 1 – Financial Projections: Most Likely) as an input to its staffing models, Verisign derived the necessary personnel levels required for this gTLD’s initial implementation and ongoing maintenance. Verisign’s pricing for the backend registry services it provides to ABC fully accounts for cost related to this infrastructure, which is provided as Line IIb.G, Total Critical Registry Function Cash Outflows, within the Question 46 financial projections response.
Verisign employs more than 1,040 individuals of which more than 775 comprise its technical work force. (Current statistics are publicly available in Verisign’s quarterly filings.) Drawing from this pool of on-hand and fully committed technical resources, Verisign has maintained DNS operational accuracy and stability 100 percent of the time for more than 13years for .com, proving Verisign’s ability to align personnel resource growth to the scale increases of Verisign’s TLD service offerings.
Verisign projects it will use the following personnel roles, which are described in Section 5 of the response to Question 31, Technical Overview of Proposed Registry, to support the implementation of RPMs:
· Customer Affairs Organization: 9
· Customer Support Personnel: 36
· Information Security Engineers: 11
To implement and manage the .ABC gTLD as described in this application, Verisign, ABC’s selected backend registry services provider, scales, as needed, the size of each technical area now supporting its portfolio of TLDs. Consistent with its resource modeling, Verisign periodically reviews the level of work to be performed and adjusts staff levels for each technical area.
When usage projections indicate a need for additional staff, Verisign’s internal staffing group uses an in-place staffing process to identify qualified candidates. These candidates are then interviewed by the lead of the relevant technical area. By scaling one common team across all its TLDs instead of creating a new entity to manage only this proposed gTLD, Verisign realizes significant economies of scale and ensures its TLD best practices are followed consistently. This consistent application of best practices helps ensure the security and stability of both the Internet and this proposed gTLD, as Verisign holds all contributing staff members accountable to the same procedures that guide its execution of the Internet’s largest TLDs (i.e., .com and .net). Moreover, by augmenting existing teams, Verisign affords new employees the opportunity to be mentored by existing senior staff. This mentoring minimizes start-up learning curves and helps ensure that new staff members properly execute their duties.
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|gTLD||Full Legal Name||E-mail suffix||z||Detail|
|.bloomberg||Bloomberg IP Holdings LLC||bloomberg.net||-3.06||Compare|