Back

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

gTLDFull Legal NameE-mail suffixDetail
.artDadotart, Inc.deviantart.comView
18.3.1 What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)?

Dadotart believes the proposed operating rules that undertake to initially reserve key names including trademarks, as well as its proposed policies on eligibility, name selection and name use will provide clarity and predictability to name registration, thereby reducing social costs. In full operation the .ART gTLD will provide a trusted online environment for the arts community. There should be no need for other trademark and brand owners to defensively register in the gTLD. This verified eco-system also provides consumers with a single trusted source for arts information and communication. Dadotart also believes that the safeguards set forth in the Applicant Guidebook and the proposed business modeled outlined in Sections 18.1 and 18.1.2 and the policies planned and noted in 18.2.4 will minimize and potential negative social costs.


18.3.2 What other steps will you take to minimize negative consequences⁄costs imposed upon consumers?
Dadotart believes that the proposed operation of the .ART gTLD as set forth in this application has no known negative consequences or cost implications for consumers. To the contrary, the proposed operation of this registry will likely lead to direct and quantifiable benefits to consumers. Dadotart believes that by following the core values as identified in Section 18.2 it will be able provide real value to the consumer and minimize any potential negative consequences⁄costs.

More particularly, the three phases of PAB creation, pre-launch, and launch and ongoing registration of the .ART gTLD are designed to minimize social costs and negative externalities. They protect potential registrants and potentially affected parties while maximizing the value of the name space to its registrants and users.

This approach is based on the premise that extensive screening efforts by the registry in the early stages will create a fair and orderly name space with lower compliance costs in the long term.

18.3.3 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
In phases and areas where the first-come-first-served principle tends to yield perverse results, alternative modes will be used.

(1) In the PAB creation phase community research will identify names to be entered into reserved lists and the rules by which they will be allocated;
(2) In the pre-launch phase key portal names of use to the entire community will be registered and used for communication and outreach; and
(3) A launch phase led by protection for and registration by trademark holders and those eligible to hold names on reserved lists.


It is anticipated that the pre-launch portal development program identified in (2) above will involve key participants in the Art Community. The portal development program will allocate domain names based on an open and transparent project selection process. This process is highly economical in terms of social costs and yields substantial external benefits.

The portal development program is an essential part of .ART outreach. It begins before delegation of the TLD. In terms of workload and it mainly affects proposers who themselves are required to demonstrate support for their projects. Support will be required to come from the segment of the community concerned with the respective portion of the name space. Given the high value of the resulting on-line resources for the community and the public interest, and given the economic benefits that can be derived from their operation, the administrative effort is largely justified. To further protect affected parties, all adjudications in name space mandates have a safety-valve clause, allowing for later adjustments based on community input. The principle of the safety-valve is that affected parties can obtain adjustments to a component of a mandate if they propose (and commit to) an improved use of the underlying domain names from a public interest perspective.

The launch programs referred to in (3) above combine the so-called “sunrise” and “landrush” processes simultaneously in one phase. The use of domain applications instead of domain registrations means that the registry accepts multiple applications the same domain name. (By contrast, only a single registration can exist for a given domain.) In this way, contention resolution can take place without time pressure in a transparent, fair and orderly manner.


At the time of ongoing registration the first-come rule will be followed. Registrations will be checked in a post-validation process and subject to an enforcement program based on statistically targeted random investigation and complaint follow-up. This program minimizes both costs to registrants and third parties. In particular, it strongly diminishes the attractiveness of rights violations, abuse or malignant behavior. Having been preceded by a controlled launch phase, the validation and enforcement workload faces no resource bottleneck and thus achieves a high degree of credibility, further dissuading abuse from the start. This mode of operation has a strong positive side effect in the interest of trademark holders.


18.3.3 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
As described below, during pre-launch and launch phase, the first-come-first-served principle is NOT applied. Adjudication by auction is one of the solutions available to the parties in the context of the contention resolution process. In the phase of ongoing registrations the first-come⁄first-served basis of name allocation will be followed, unless the name is one that is on a reserved list, in which case the allocation rules applicable to that list will be followed.

In phases and areas where the first-come-first-served principle tends to yield perverse results, alternative modes will be used.

(1) In the PAB creation phase community research will identify names to be entered into reserved lists and the rules by which they will be allocated;
(2) In the pre-launch phase key portal names of use to the entire community will be registered and used for communication and outreach; and
A launch phase led by protection for and registration by trademark holders and those eligible to hold names on reserved lists.

It is anticipated that the pre-launch portal development program identified in (2) above will involve builders and users in the Art community. The portal development program will allocate domain names based on an open and transparent project selection process. This process is highly economical in terms of social costs and yields substantial external benefits.

The portal development program is an essential part of .Art outreach. It begins before delegation of the TLD. In terms of workload, it mainly affects proposers who themselves are required to demonstrate support for their projects. Support will be required to come from the segment of the community concerned with the respective portion of the name space. Given the high value of the resulting on-line resources for the community and the public interest, and given the economic benefits that can be derived from their operation, the administrative effort is largely justified. To further protect affected parties, all adjudications in name space mandates have a safety-valve clause, allowing for later adjustments based on community input. The principle of the safety-valve is that affected parties can obtain adjustments to a component of a mandate if they propose (and commit to) an improved use of the underlying domain names from a public interest perspective.

The launch programs referred to in (3) above combine the so-called “sunrise” and “landrush” processes simultaneously in one phase. The use of domain applications instead of domain registrations means that the registry accepts multiple applications the same domain name. (By contrast, only a single registration can exist for a given domain.) In this way, contention resolution can take place without time pressure in a transparent, fair and orderly manner.

At the time of ongoing registration the first-com rule will be followed. Registrations will be checked in a post-validation process and subject to an enforcement program based on statistically targeted random investigation and complaint follow-up. This program minimizes both costs to registrants and third parties. In particular, it strongly diminishes the attractiveness of rights violations, abuse or malignant behaviour. Having been preceded by a controlled launch phase, the validation and enforcement workload faces no resource bottleneck and thus achieves a high degree of credibility, further dissuading abuse from the start. This mode of operation has a strong positive side effect in the interest of trademark holders.

18.3.4 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).
The focus of the .ART gTLD is a competitive cost to registrants and stakeholders that takes into account the limited community nature of the gTLD. This takes into account all burdens, including the effort needed to register or the potential alternative cost to obtain a name on the secondary market. The direct per-unit cost is merely a component of the bottom-line cost.

The cost is greatly reduced by avoiding contention between legitimate community-based applicants and speculators. Community-specific promotion code programs will be used from time to time to offer registrations at low cost. This is a way to avoid perverse effects of low prices, such as speculation with ultimately high costs to registrants, large-scale confusion and waste of the name space, or cybersquatting.

The portal development program will have special terms in order ensure that key portions of name space are used in the public interest.

18.3.5 Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plans.

The .ART TLD will not be based on or otherwise involve contractual clauses regarding price escalation between the .ART Registry and its registrars.

The .ART business plan is designed to avoid any future necessity to increase registry price in real terms. The fundamental principle is prudence: starting from conservative price levels that allow self-sustainability at the registration levels projected and gradually lowering prices as registration volumes increase beyond the minimum necessary for self-sustained operation. This method ensures sufficient financial reserves, favors optimal allocation of domain names, helps prevent misuse and supports an orderly registration process.

gTLDFull Legal NameE-mail suffixDetail
.flsmidthFLSmidth A⁄Sthomsentrampedach.comView
The “.FLSMIDTH” TLD ultimately is intended to function as an online, centralized information platform for FLSmidth. It is intended to function with leading-edge technologies to ensure a trustworthy and positive user experience. FLSmidth A⁄S 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 FLSmidth A⁄S will be the registrant of all domain names within the space, it will have full control over the content displayed on websites within the TLD. The Company 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 FLSmidth, and to provide an online forum by which the company may communicate with its many stakeholders, including its business associates, subsidiaries, employees, affiliates and customers. Domains within the TLD will only be used for purposes authorized by the Company, and domain usage guidelines will be implemented and enforced to constantly ensure the integrity and reputation of the TLD.

All domain name registrations agreements shall incorporate the usage requirements set out in the Domain Name Registration and Usage Policy for the TLD, a draft version of which is provided at the end of this section. FLSmidth A⁄S intends that no domain name in the TLD 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 FLSmidth A⁄S or its businesses, parent company, affiliates, subsidiaries, employees, etc.

The TLD domain space shall be used for the benefit of FLSmidth. The content and use of all registered domain names within the TLD will be monitored by the Company on an ongoing basis.

FLSmidth A⁄S will implement a Sunrise period of 30 days for the purpose of complying with ICANN requirements. However, because the Company will be the sole registrant within this space, there will be no other registrants eligible to reserve or register a domain during this period. FLSmidth A⁄S 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 domain name within the TLD, 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?

FLSmidth A⁄S does not expect there to be multiple applications for a particular domain name. FLSmidth A⁄S will be the sole registrant of all domains in the TLD and will decide the most appropriate use for each domain, in the interests of Internet users who wish to interact or communicate with FLSmidth.

This single-registrant system will ensure that the TLD remains a tightly controlled, safe space for Internet users, and that the network of registrations remains well-organized. These protections will naturally inure to the benefit of the Internet users who visit and utilize the TLD’s network of websites.


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 the applicant Company itself and pricing (if any) of domain registrations will be a matter of FLSmidth A⁄S policy.


iii) Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation?

As noted above, FLSmidth A⁄S will be the sole registrant of all domains in the TLD. Accordingly, the Company does not intend to make any commitments regarding the magnitude of price escalation.


A full text draft version of the anticipated Domain Name Registration and Usage Policy for the TLD is provided below.

DRAFT Domain Name Registration and Use Policy for “.FLSMIDTH”

I. General principles

1. Purpose

The Top Level Domain (ʺTLDʺ) established by and for the use of FLSmidth A⁄S. The Company 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 TLD space. This Policy is intended to be updated and revised regularly to reflect the needs of FLSmidth A⁄S. The current version of this Policy will be made publicly available at: www.registry.flsmidth

The registration of domain names within the TLD shall be restricted to FLSmidth A⁄S itself, thus following a single-registrant model.

2. Registration Policy

As indicated above, the TLD space will follow a single-registrant model. Thus, FLSmidth A⁄S shall be the only entity eligible to register domain names within the 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 FLSmidth A⁄S and will be publicly posted online at: www.registry.flsmidth

The Company 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 Period and Renewals

A domain name within the TLD may be registered, and renewed at the end of each registration period, subject to the current terms and conditions offered by the concerned Registrar.

IV. Acceptable Usage Guidelines for the TLD

5. Acceptable Use

The TLD space is intended to function as the online corporate branding platform for FLSmidth, and as such the registrations therein should generally support the goals and mission of the Company. FLSmidth A⁄S intends that no domain name in the TLD 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 FLSmidth A⁄S or its businesses, parent company, affiliates, subsidiaries, employees, etc.

The Legal Department of FLSmidth A⁄S will routinely monitor the use of all domain names registered in the TLD space to ensure that the content displayed thereon is in the best interests of the Company and its business endeavours.

V. Dispute Resolution Policies

6. 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.

7. 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].

8. Trademark Post-Delegation Dispute Resolution Procedure (Trademark PDDRP)

The Company’s Registry Service Provider for the TLD space, KSregistry, 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].