18(b) How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?

Prototypical answer:

Ipiranga intends to organize the registry operation for the .IPIRANGA gTLD in such a manner that it will minimize the likelihood of having multiple applications or registration requests for a particular domain name.

According to Ipiranga, this can be achieved in any of the following ways, which likely needs to be further refined following ICANN’s award and delegation of the .IPIRANGA gTLD to Ipiranga:

i. IPIRANGA is Applicant’s distinctive and most recognized household brand;

ii. From the Applicant’s perspective, .IPIRANGA may bring a high degree of recognition and specialization to the currently existing name space. Where in most cases the specific connotation that has been initially given to gTLDs (or even ccTLDs) has disappeared, the .IPIRANGA top-level domain is currently intended to be unambiguous as regards:

* the identity of the Ipiranga as the Registry Operator;
* the source of the content and services offered under the .IPIRANGA gTLD;
* the affiliation between the Registry Operator and the gTLD; and
* in term, and at the discretion of Ipiranga, the affiliation between the Registry Operator and any third party that is authorized by Ipiranga to register and⁄or use one or more domain name registrations in the .IPIRANGA gTLD.

iii. As mentioned in the vision and mission statement above, the key reasons why the Applicant is applying for .IPIRANGA include, but are not limited to:

1. Securing and protecting the IPIRANGA brand as a generic top-level domain;

As discussed in the answer to 18(a), Ipiranga holds registered trademarks and domain names related to the IPIRANGA brand and has invested and continues to invest significantly in the IPIRANGA brand. The main reason for which Ipiranga submits this application for the .IPIRANGA gTLD is that it wants to prevent third parties from securing the gTLD that is identical to Ipiranga’s highly distinctive and reputable brand.

There are companies in other industries in Brazil that own trademarks related to the term “ipiranga.” These companies and a description of their “ipiranga” trademarks are listed below:

NUMBER: 1
COMPANY: Indústria de Rendas Ipiranga Ltda.
TRADEMARK TYPE: Word Mark
YEAR GRANTED: 1969
PRODUCT AND⁄OR SERVICE: Clothing

NUMBER: 2
COMPANY: Ipiranga Aços Especiais S⁄A
TRADEMARK TYPE: Work Mark
YEAR GRANTED: 1982
PRODUCT AND⁄OR SERVICE: Architecture, engineering, technical designs, construction, treatment of materials, etc.

NUMBER: 3
COMPANY: Ipiranga Aços Especiais S⁄A
TRADEMARK TYPE: Word Mark
YEAR GRANTED: 1986
PRODUCT AND⁄OR SERVICE: Services complementary to the commerce of goods, including imports and exports, etc.

NUMBER: 4
COMPANY: Ipiranga Asfaltos S⁄A
TRADEMARK TYPE: Word Mark
YEAR GRANTED: 1989
PRODUCT AND⁄OR SERVICE: Construction material.

NUMBER: 5
COMPANY: Tropical Transportes Ipiranga Ltda.
TRADEMARK TYPE: Word Mark
YEAR GRANTED: 1990
PRODUCT AND⁄OR SERVICE: Communication services, advertising, transportation, storage, packaging, etc.

NUMBER: 6
COMPANY: S M Calvetti Krubniki ME
TRADEMARK TYPE: Design Mark
YEAR GRANTED: In progress (Filed in 2003)
PRODUCT AND⁄OR SERVICE: Clothing

NUMBER: 7
COMPANY: Distribuidora de Doces Ipiranga Ltda.
TRADEMARK TYPE: Design Mark
YEAR GRANTED: In progress (Filed in 2003)
PRODUCT AND⁄OR SERVICE: Sweets, candy, cookies, advertising, business administration, etc.

NUMBER: 8
COMPANY: Oficina Ipiranga Ltda ME
TRADEMARK TYPE: Word Mark
YEAR GRANTED: 2009
PRODUCT AND⁄OR SERVICE: Games, toys, gymnastics and sporting goods, etc.

NUMBER: 9
COMPANY: Oficina Ipiranga Ltda ME
TRADEMARK TYPE: Word Mark
YEAR GRANTED: 2009
PRODUCT AND⁄OR SERVICE: Advertising, business administration for the commerce of sporting goods.

Third parties have also registered domain names related to the term “ipiranga.” These registered domain names include ipiranga.com, ipiranga.net and ipiranga.info. In fact, Ipiranga was involved in an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) against the registrant, Domain Admin, Mrs. Jello, LLC, of ipiranga.com as discussed the answer to question 11(g). ipiranga.biz exists, and while not currently registered, it could be registered to a third party in the future.

Ipiranga seeks to protect its brand from third parties, including “ipiranga” trademark holders and domain name registrants, who may wish to trade on the good name of the IPIRANGA brand by securing the .IPIRANGA gTLD. Ipiranga also seeks to avoid any confusion that may result from another entity holding the .IPIRANGA gTLD. Securing the .IPIRANGA gTLD is a logical extension of Ipiranga’s continued investment in protecting and promoting its brand both offline and online.

2. Marketing and branding: reflecting the Applicant’s key brand IPIRANGA at the top-level of the DNS’ hierarchy;

3. Safety and security; and

4. Implementing measures – in the near or distant future – to mitigate counterfeiting and piracy.

iv. The Applicant intends to implement the following policies and procedures with respect to the registration of domain names in the .IPIRANGA top-level domain:

(i) reservation and registration of domain names in the name of Ipiranga. It is likely that this will be the scenario that Ipiranga will put in place during the first months or even years of operation of the .IPIRANGA gTLD.

These names may include, but are not limited to:
a. descriptive names, referring to the actual day-to-day business activities of the Applicant or its Affiliates;
b. descriptive names, referring to the internal departments of the Applicant;
c. descriptive names, referring to the subsidiaries, and affiliates and⁄or joint ventures in which the Applicant is participating; and
d. potentially also names relating to other stakeholders of Ipiranga, to be determined by Ipiranga following ICANN’s award and delegation of the .IPIRANGA gTLD to Ipiranga.

(ii) launch of the TLD: if and when implemented by the Registry Operator, this is likely going to be a gradual process, whereby selected third parties that meet certain criteria, which Ipiranga will be entitled to set at its own discretion, may register domain names in the .IPIRANGA gTLD. These processes may include the following:

a. Sunrise: allow physical persons, organizations and entities that meet the eligibility requirements determined by Ipiranga at that point in time to choose and, where allowed by Ipiranga, to register the domain names that are identical to their trademarks;

b. Land rush and general availability: other available domain names may be registered by physical persons, organizations and entities that meet the eligibility requirements in force at that point in time to choose the domain names in accordance with the applicable terms and conditions.

Depending on the terms and conditions in force at the time of launch of the gTLD, these domain names may or may not be registered in the name of the applicant for the domain name or in the name of the Registry Operator of the gTLD (i.e., Ipiranga). In any case, Ipiranga reserves the right to impose additional and other restrictions from time to time at its sole discretion.

v. Given the fact that the Applicant is a company that is established in Brazil, it is subject to national privacy and data protection rules and practices. In particular, given the fact that the Brazilian data protection authorities have issued strict guidelines, Ipiranga will at all times be obliged to carefully consider and, where applicable, implement these policies, and this prior to and during the operation of the .IPIRANGA gTLD.

vi. The Applicant is a corporation that has been established in and has been trading under the IPIRANGA brand since 1937.

At this stage, Ipiranga has not developed concrete and tangible plans in order to move its online activities from ipiranga.com.br and ipiranga.net.br used by Ipiranga and its subsidiaries, and affiliates and joint ventures in which the Applicant is involved. However, the Applicant has different ways to make existing and future customers, visitors and stakeholders aware of the (gradual) development of a new online environment under the .IPIRANGA TLD, including but not limited to:

a. Direct and indirect marketing and branding initiatives;
b. Brochures and advertisements in newspapers, magazines, etc.;
c. Internet advertising campaigns, including paid search, pay-per-click advertising, etc.;
d. Having Internet traffic to ipiranga.com.br and ipiranga.net.br resolving into domain names registered in the .IPIRANGA gTLD, which builds awareness with Internet users that the .IPIRANGA gTLD exists; and
e. Email marketing campaigns.

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