Back

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

gTLDFull Legal NameE-mail suffixDetail
.MERCKMerck Registry Holdings, Inc.fairwindspartners.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)?

MRH has proposed operating rules to limit registration to MRH and potentially qualified subsidiaries and affiliates and will provide a trusted online environment for end-users.

Therefore, one way in which social costs will be eliminated is that there will be no defensive need for other trademark and brand owners to register second-level domains in the .MERCK gTLD. In addition, the .MERCK gTLD will provide end-users with a trusted source for MRH information, goods, and services.

18.3.2 What other steps will you take to minimize negative consequences⁄costs imposed upon consumers?

MRH believes that the proposed operation of the .MERCK gTLD as set forth in this application has no known negative consequences or cost implications to end users. On the contrary, the proposed operation of this registry will likely lead to direct and quantifiable benefits to end users.

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?

MRH does not envision multiple applicants for the same domain name, as domain names will only be allocated to its parent company, MSD, and potentially MSD’s qualified subsidiaries and affiliates.

18.3.4 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).

MRH does not envision any advantageous pricing, introductory discounts, or bulk registration discounts at this time because these marketing⁄commercial initiatives are inconsistent with the mission and purpose of the .MERCK gTLD as a trusted online source identifier for MSD, and potentially its qualified subsidiaries and affiliates.

Moreover, it is the current intention of MSD to have MRH provide domain name registrations initially at no cost, at least for the first five years of operation.

However, the company reserves the right to reevaluate this decision and may choose to impose a fee in the future. Any potential registrant fees imposed upon licensees or strategic parties will be commensurate with commercial agreements and made if this class of registrants is permitted to register domain names in the .MERCK gTLD.

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.

MRH is committed to providing the domain name registration periods set forth in the Registry Agreement. Moreover, it is the current intention of MSD to have MRH provide domain name registrations initially at no cost, at least for the first five years of operation. Therefore, providing contractual commitments in a domain name Registrant Agreement regarding the magnitude of price escalations does not seem relevant or appropriate. MRH acknowledges that the current template Registry Agreement requires that the Registry Operator “shall offer registrars the option to obtain registration periods for one to ten years at the discretion of the registrar.”

MRH acknowledges that the current template Registry Agreement requires that the Registry Operator “shall offer registrars the option to obtain registration periods for one to ten years at the discretion of the registrar.” However, MSD, as the sole registrant within the .MERCK gTLD, intends to only register domain names on an annual basis through a single registrar.

This is done to better account for costs on an annual basis as well as to provide for more concise financial statements in Question 46, (e.g., no multi-year registration or deferred revenue).
gTLDFull Legal NameE-mail suffixDetail
.marshallsThe TJX Companies, Inc.tjx.comView
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)? What other steps will you take to minimize negative consequences⁄costs imposed upon consumers?

TJX has proposed operating rules to limit registration as described herein, which will reduce the social cost of unnecessary enforcement and defensive registration of the TJX mark in the second level in other registries. Social costs will also be reduced because there will be no need and no opportunity for other brand owners to register second level domain names consisting of their marks within the .marshalls registry. Further, due to the existence of the trusted .marshalls domain space, TJX anticipates an over all reduction of consumer fraud and phishing as consumers come to recognize and rely on the .marshalls domain names and move away from use of unrestricted gTLDs to find information about TJX and its goods and services. Since TJX will be the sole registrant, it is believed that social costs will be reduced or eliminated.

How will multiple applications for a particular domain be resolved, for example, by auction or on a first come first served basis?

Since registrations will be limited to TJX, there will be no market in the second level for .marshalls registrations and there will be no need for any resolution mechanism such as auctions or the like. If at some point in the future TJX opens the name space to affiliates or third parties operating under a trademark license with TJX, TJX will engage in appropriate policy development processes at that time to ensure an equitable distribution of second level domain names should a multiple application scenario arise.

Explain any cost benefits for registrants you intend to implement (e.g. advantageous pricing, introductory discounts, bulk registration discounts).
Since registrations to will be limited to TJX, there will be no market in the second level .marshalls registrations and there will be no need to devise cost benefits or discounts for any registrants. There is no anticipated market for second level registrations in the .marshalls gTLD. If at some point in the future TJX opens the name space to affiliates or third parties operating under a trademark license with TJX, TJX will engage in appropriate policy development processes at that time to ensure that any costs allocation methodology adopted are consist with ICANN consensus policy.

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 10 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?

TJX will comply with Section 2.10 of the Registry Agreement, although there will not be any need to inform registrants of any price increases since the only registrant will by TJX. The selection of the number of years for which a particular second level domain name is registered is a decision of the registrant and not the registrar. Given that all second level registrations will be consistent with the Purpose and restricted as set forth above, TJX intends to only register domain names on an annual basis. If at some point in the future TJX opens the name space to affiliates or third parties operating under a trademark license with TJX, TJX will ensure that domain names can be registered for a term of between 1 and 10 years, however, any such domain names will be subject to other contractual relationships, e.g. a trademark license, which will be a condition precedent to the registration of a second level domain name. Should any such contractual relationship terminate prior to the end of a registration term, it is anticipated that the such party’s second level domain names will be cancelled. If the party’s contractual relationship is terminated due to a breach of an agreement, it is not anticipated that a refund for any second level domain name registrations will issue.