22 Describe proposed measures for protection of geographic names at the second and other levels in the applied-for gTLD

Prototypical answer:

In responding to the issues indicated in Question 22, DotHome LLC (“DH”) has considered GAC advice set forth at https:⁄⁄gacweb.icann.org⁄display⁄gacweb⁄New+gTLDs and https:⁄⁄gacweb.icann.org⁄download⁄attachments⁄1540128⁄gTLD_principles_0.pdf?version=1&modificationDate=1312358178000. DH has also considered the methodology developed for the reservation and release of country names in the .INFO tld, and specifically the information relating to .INFO at Resolution 01-92 at http:⁄⁄www.icann.org⁄en⁄minutes⁄minutes-10sep01.htm and ICANN’s proposed action plan at http:⁄⁄www.icann.org⁄en⁄meetings⁄montevideo⁄action-plan-country-names-09oct01.htm . DH has also reviewed the Second WIPO Internet Domain Name Process – The Recognition and Rights and the Use of Names in the Internet Domain Name System, Section 6, Geographical Identifiers, at http:⁄⁄www.wipo.int⁄amc⁄en⁄processes⁄process2⁄report⁄html⁄report.html and ICANN’s Generic Names Supporting Organization Reserved Names Working Group – Final Report at http:⁄⁄gnso.icann.org⁄issues⁄new-gtlds⁄final-report-rn-wg-23may07.htm.

Initial Reservation of Country and Territory Names

DH is committed to initially reserving, at no cost to governments, public authorities or inter-governmental organizations, the country and territory names contained in the internationally recognized lists described in Article 5 of Specification 5 attached to the New gTLD Applicant Guidebook Draft New gTLD Registry Agreement at the second level and at all other levels within the .HOME generic top-level domain (gTLD) at which DH will provide for registrations. Specifically, DH will reserve:

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.

To the extent Article 5 of Specification 5 of the final version of the New gTLD Registry Agreement is amended to include additional country, territory or other geographic identifiers, DH will similarly initially reserve all such names.

It is DH’s intent to initially reserve the names mentioned above by blocking them from registration at the registry level (for example, DH’s back end provider, Verisign, would block the names from registration), but DH may use any other method for initially reserving the names as not prohibited by the final version of the New gTLD Registry Agreement, such as, for example, registering such names in its own name in order to withhold them from delegation or use.

Use of Non-Reserved Geographical Identifiers

DH believes that it is important to be able to register and⁄or use non-reserved geographical identifiers to promote competition in the DNS, competition among TLD operators, and to promote user acceptance and registrant interest in .HOME. However, DH recognizes that such registration and⁄or use should be in a fair and non-misleading manner.

Because of the importance in geographical identification in helping consumers locate real estate and home information, DH and the National Association of Realtors® (NAR) intend to explore the option of providing a hierarchical and intuitive framework for the .HOME namespace by using geographical identifiers as second-level domain names. DH and NAR believe the use of geographical identifiers to the left of the gTLD and as part of the domain name itself will have a direct and material impact on consumer adoption and search engine algorithms, along with corresponding query results. In addition, such naming conventions are intuitive and practiced by direct navigation Internet users. DH and NAR believe that .HOME may provide an online, single-source identifying function, allowing consumers to locate information relating to homes within domain-specified geographic areas. As ICANN has largely premised this new gTLD round on promoting innovation, DH and NAR would like to determine if this type of hierarchical and intuitive use of second-level domain names within a gTLD provides increased consumer functionality.

DH and NAR recognize that there is concern regarding misuse of geographical identifiers in the international, regional and national levels. DH and NAR, acting as responsible global businesses, seek to avoid business practices that could potentially mislead consumers and misuse geographical identifiers. DH and NAR believe that it is important to be able to use geographical identifiers in a fair and non-misleading manner, as such use can benefit Internet users and consumers.

DH’s and NAR’s intent is to consider using non-reserved geographic identifiers as part of a hierarchical and intuitive framework in a fair and non-misleading manner to help consumers navigate the .HOME namespace. One option that may be considered is creation of GeographicLocation.HOME website(s) which include listings of homes at such “GeographicLocation.” DH and NAR are committed to operating the .HOME namespace in a manner that minimizes potential consumer confusion, and will actively work with others in the ICANN community regarding any future policy development in this area.

As set forth in the answer to Question 29, an additional registry service which DH will offer is the use of first come, first serve (at a higher fixed annual fee) to determine string allocation in appropriate circumstances, such as in allocating any premium names. Yet another service which DH may offer, commonly used in the marketplace today, is the use of RFPs (Request for Proposals) and Auctions to determine string allocation in appropriate circumstances. DH and NAR intend to explore allocating some non-reserved geographical identifiers as premium names or otherwise as set forth herein.

Alleged Abuses of Geographic Names

DH does not anticipate any disputes with governments or public authorities arising in connection with the registration and use of geographic names within the .HOME gTLD based upon its proposed use set forth in Answer 18 of this application and the statements made herein. Nevertheless, DH and NAR are committed to working with governments, public authorities, or IGOs to quickly resolve any such potential disputes, and as such ensure that such governments, public authorities and IGO’s will at minimum have access to .HOME’s abuse prevention procedure(s) and rights protection mechanisms set forth in answers to Questions 28 and 29 of this Application in order to ensure an ability to address alleged abuses of names with national or geographic significance at the second level of .HOME.

Potential Future Release of Initially Reserved Names

DH looks forward to collaborating with other new gTLD Registry Operators in potentially working with the GAC and ICANN to explore processes that could permit the release of initially reserved country names, such as Registry Service Evaluation Processes (RSEP) requests that have been filed by existing gTLD Registry Operators in releasing previously reserved domain names.

Creation and Updating the Policies

Should the need arise in the future for the creation or updating of the policies regarding this class of domain names, DH will act in an open and transparent manner to develop such a policy and⁄or recommendation.

DH is also committed to the ongoing review and updating of these lists to prevent the misleading use of geographical identifiers. Consistent with this commitment, DH intends to participate in any ongoing ICANN policy discussion regarding the protection of geographic names within the DNS.

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