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

gTLDFull Legal NameE-mail suffixDetail
.bookingBooking.com B.V.markmonitor.comView
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.
gTLDFull Legal NameE-mail suffixDetail
.bostikBostik SAbostik.comView

In line with Bostik’s mission and purpose for the .BOSTIK gTLD, it is first and foremost important for Bostik to safeguard and protect the key element of its BOSTIK 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 that the award and delegation of the .BOSTIK gTLD to Bostik is subject to the successful evaluation of our application, Bostik has, to date, only examined :

• 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;
• what 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 in relation to the operation of the .BOSTIK gTLD, as described above.

By all means, it is in Bostik’s self-interest to, on the one hand, make the most of this initiative, promote its own business interests together with those of its Affiliates, business partners, sponsorships, etc. whilst mitigating risks for the brands and brand reputation of such stakeholders and reducing the (social) costs for others.

In this context, Bostik will devise policies that encompass and comprise the following features:

At least during the initial months or even years following the delegation of the .BOSTIK gTLD to Bostik, 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 Bostik or an Affiliate of Bostik will not be entitled to register domain names in the .BOSTIK gTLD.

Bostik believes this to be in line with two of the main elements in its mission ⁄ purpose of the gTLD namely:

• Protecting and safeguarding the .BOSTIK gTLD, by keeping full control over the entire operation of the .BOSTIK registry and most, if not all, domain names registered therein; and

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

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 .BOSTIK gTLD in the first place.

However, even if only Bostik (and, as the case may be, Bostik’s Affiliates) 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 .BOSTIK gTLD.

In order to avoid these risks, Bostik intends to implement the following policies and processes:

First, the domain names to be registered by Bostik and, as the case may be, its Affiliates business partners, sponsorships, etc. could relate to the following:

• registered trademarks of Bostik and⁄or its Affiliates;
• names of business partners of Bostik and⁄or Affiliates of the Bostik Group;
• names of departments within Bostik, its Affiliates;
• names of activities, charities, etc. sponsored by Bostik or Affiliates of the Bostik Group;
• etc.

Furthermore, Bostik envisages registering a fair number of generic words that are directly or indirectly related to the day-to-day business activities and operations of Bostik and its Affiliates.

Prior to effectively registering such domain names in the .BOSTIK gTLD, Bostik 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 on the rights of third parties.

In any case, Bostik shall claim to have a legitimate interest in these domain names, as they are merely descriptive of the activities, products or services of Bostik and⁄or its Affiliates. 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, Bostik will follow the processes and procedures established by ICANN and the Governmental Advisory Committee.

If Bostik would determine, at its sole discretion, that it will gradually allow certain categories of stakeholders to register domain names in the .BOSTIK gTLD in their own name, Bostik will devise policies to that effect.

However, Bostik will at all times be entitled to restrict, limit or expand:

• the category or categories of stakeholders who will be entitled to register one or more domain names in the .BOSTIK gTLD, including their criteria for qualification;
• the choice of domain name(s) registered in the .BOSTIK gTLD by and per such eligible stakeholder (category);
• the use made by an and per eligible stakeholder of a domain name registered in the .BOSTIK gTLD;
• the transfer of domain names registered in .BOSTIK;
• etc.

Bostik 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 Bostik 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 .BOSTIK 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, Bostik 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 BOSTIK brand or the brands of its Affiliates would be potentially harmed.

If and when the Applicant intends to make the .BOSTIK top-level domain available to qualifying third party domain name registrants, it will do so at an acceptable cost to them. Furthermore, Bostik reserves the right to bundle certain products and services offered now or in the future with the registration of domain names in the .BOSTIK gTLD. Furthermore, Bostik may offer additional services that intend to drive Internet traffic from URLs operated by Bostik towards domain names registered, controlled, and⁄or operated by such third parties.

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 .BOSTIK 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, however always taking into account the rights and legitimate interests of third parties, including but not limited to trademark rights;

4. The Applicant may intend to make the .BOSTIK top-level domain available to qualifying ⁄ eligible domain name registrants at an acceptable cost to them, to be determined if and when the Applicant would decide at its own discretion to allow third parties to register domain names. Furthermore, the Applicant may decide to bundle such domain name registrations with additional added-value products and services generally offered by Bostik in the course of its ordinary business activities;

5. If the Applicant ⁄ Registry Operator will be required to increase the fees for the registration of domain names, such increases will keep pace with comparable market rates for such domain name registrations. 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 Bostik at a fee to be set by the Registry Operator.