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.mini New gTLD Application

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New gTLD Application Submitted to ICANN by: Bayerische Motoren Werke Aktiengesellschaft

String: mini

Originally Posted: 13 June 2012

Application ID: 1-938-68005

 

Applicant Information

 

  1. Full legal name

Bayerische Motoren Werke Aktiengesellschaft

 

  1. Address of the principal place of business

Petuelring 130

Munich  80809

DE

 

  1. Phone number

+49 89 38230465

 

  1. Fax number

 

  1. If applicable, website or URL

http:⁄⁄www.bmwgroup.com

 

Primary Contact

 

6(a). Name

Mr. Jannik Skou

 

6(b). Title

Partner ⁄ Geschäftsführer

 

6(c). Address

 

6(d). Phone Number

+45 2227 5696

 

6(e). Fax Number

 

6(f). Email Address

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Secondary Contact

 

7(a). Name

Mr. Dan Trampedach

 

7(b). Title

Partner ⁄ Geschäftsführer

 

7(c). Address

 

7(d). Phone Number

+41 79 831 9275

 

7(e). Fax Number

 

7(f). Email Address

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Proof of Legal Establishment

 

8(a). Legal form of the Applicant

Aktiengesellschaft (Stock corporation)

 

8(b). State the specific national or other jursidiction that defines the type of entity identified in 8(a).

Germany ⁄ German Law

 

8(c). Attach evidence of the applicant's establishment.

Attachments are not displayed on this form.

 

9(a). If applying company is publicly traded, provide the exchange and symbol.

Frankfurt_Stock_Exchange;BMW

 

9(b). If the applying entity is a subsidiary, provide the parent company.

 

9(c). If the applying entity is a joint venture, list all joint venture partners.

 

Applicant Background

 

11(a). Name(s) and position(s) of all directors

Dr. Friedrich Eichiner Member of the Board of Management, Finance

Dr. Herbert Diess Member of the Board of Management, Purchasing and Supplier Network

Dr. Klaus Draeger Member of the Board of Management, Development

Dr. Norbert Reithofer Chairman of the Board of Management

Frank-Peter Arndt Member of the Board of Management, Production

Harald Krueger Member of the Board of Management, Human Resources

Ian Robertson Member of the Board of Management, Sales and Marketing

 

11(b). Name(s) and position(s) of all officers and partners

Dr. Friedrich Eichiner CFO

Dr. Herbert Diess Chief Officer, Purchasing

Dr. Klaus Draeger Chief Officer, R&D

Dr. Norbert Reithofer CEO

Frank-Peter Arndt Chief Officer, Production

Harald Krueger Chief Officer, HR

Ian Robertson Chief Officer, Sales and Marketing

 

11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares

Johanna Quandt GmbH & Co. KG für Automobilwerte Not Applicable

Stefan Quandt GmbH & Co. KG für Automobilwerte Not Applicable

 

11(d). For an applying entity that does not have directors, officers, partners, or shareholders: Name(s) and position(s) of all individuals having legal or executive responsibility

 

Applied-for gTLD string

 

  1. Provide the applied-for gTLD string. If an IDN, provide the U-label.

mini

 

14(a). If an IDN, provide the A-label (beginning with "xn--").

 

14(b). If an IDN, provide the meaning or restatement of the string in English, that is, a description of the literal meaning of the string in the opinion of the applicant.

 

14(c). If an IDN, provide the language of the label (in English).

 

14(c). If an IDN, provide the language of the label (as referenced by ISO-639-1).

 

14(d). If an IDN, provide the script of the label (in English).

 

14(d). If an IDN, provide the script of the label (as referenced by ISO 15924).

 

14(e). If an IDN, list all code points contained in the U-label according to Unicode form.

 

15(a). If an IDN, Attach IDN Tables for the proposed registry.

Attachments are not displayed on this form.

 

15(b). Describe the process used for development of the IDN tables submitted, including consultations and sources used.

 

15(c). List any variant strings to the applied-for gTLD string according to the relevant IDN tables.

 

  1. Describe the applicant's efforts to ensure that there are no known operational or rendering problems concerning the applied-for gTLD string. If such issues are known, describe steps that will be taken to mitigate these issues in software and other applications.

We have carefully examined (including S.W.O.R.D test) the applied-for string “MINI” and found that deployment of it would not cause adverse operational, rendering, or general user-confusion due to visual similarity with existing TLDs⁄ISO3166 lists⁄ICANN reserved list of names & list of ineligible strings. The string consists entirely of ASCII letters and is a valid hostname having at least three and less than 63 characters, the ASCII Label is therefore in compliance with the string requirements set forth in the Applicant Guidebook (Applicant Guidebook, page 64, section: 2.2.1.3.2 “String Requirements”) and with all technical standards such as but not limited to RFC 1035, RFC 2181, RFC 952, RFC 1123, and RFC 3696.

 

Although the applied for string is pure ASCII characters the applicant is aware of its responsibility to seek to mitigate and solve inter alia such issues, as discussed on the “TLD Universal Acceptance” session at the Costa Rica ICANN Meeting on Wed, 14 March 2012 (http:⁄⁄costarica43.icann.org⁄meetings⁄sanjose2012⁄presentation-tld-universal-acceptance-14mar12-en.pdf):

 

  1. Validity checks of TLDs based on either a hard coded list (may not be updated with all new gTLDs) or on a length check (i.e. maximum three characters)
  2. Name conversion in various applications and browsers. Based on wrong definitions or outdated lists of TLDs, some applications may not convert this new gTLD to links
  3. User acceptance. Some websites⁄applications may refuse user acceptance of users entering a new gTLD not accepted by the website⁄application
  4. Email clients validating on length on TLDs on by applying an outdated list of TLDs may also cause problems for this new gTLD, as valid email addresses may not be accepted
  5. Websites and Search Engines such as, but not limited to, Google, Yahoo! may refuse to offer services such as advertising, if they validate email addresses and valid domain names based on outdated definitions of TLDs, or simply refuse to add new gTLDs to their lists
  6. Mobile browsers may also not be updating their lists of valid TLDs, as live DNS look ups, may be considered costly or in adequate by the providers

 

Actions to mitigate or solve these issues:

 

As the TLD is longer than 3 characters, it is understood that some issues concerning usage of the TLD in online forms will exists. We take the full responsibility for any such issues and will work towards enabling general global acceptance for TLDs, not just with this TLD but all others as well. We will ensure that all known websites expecting to use the TLD will be communicated with concerning this issue and we will make all our own online forms available to accept all ICANN TLDs per the IANA list. We will work with ICANN in our on-going effort on this subject both for IDN TLDs and ASCII TLDs.  

 

Second Level IDN specific issues are addressed in our response to Question 44.

 

  1. (OPTIONAL) Provide a representation of the label according to the International Phonetic Alphabet (http://www.langsci.ucl.ac.uk/ipa/).

 

Mission/Purpose

 

18(a). Describe the mission/purpose of your proposed gTLD.

The Applicant, Bayerische Motoren Werke AG (“BMW”) a publicly-held stock corporation located in Germany and is one of the most successful manufacturers of automobiles and motorcycles in the world. BMW designs and produces premium vehicles under its 3 flagship brands, BMW, MINI and Rolls-Royce, each of which is a leader in its respective segment of the automotive industry.

 

As a global company, the BMW Group operates 25 production and assembly facilities in 14 countries and has a global sales network consisting of subsidiaries, authorized importers and authorized dealers in more than 140 countries. In 2011, the BMW Group sold about 1.67 million cars and more than 113,000 motorcycles worldwide. The profit before tax for the financial year 2011 for the BMW Group was EUR 7.4 billion on revenues amounting to EUR 68.8 billion. At 31 December 2011, the BMW Group had a workforce of approximately 100,000 employees.

 

With the brand MINI, owned by BMW since 2000, BMW has created the most exciting premium small car brand, extended its customer base, and increased its profitability. Small, exciting, smart, unique and earth-conscious are all ideas incorporated in the MINI brand concept. MINI branded cars are designed to be a perfect balance between effortless luxury and recognition of the urban lifestyle.

 

 

  1. The MINI brand

 

MINI was already an iconic car brand long before BMW’s involvement. In the second half of the 1950’s, the management board of British Motor Corporation became convinced of the need to develop a small, fuel-efficient four-seat car. The MINI was launched in August 1959, and since that time has enjoyed continuous success in the market and built a strong reputation. With 5.3 million cars sold between 1959-1999, the original MINI was the most popular British car ever made. In 1995, readers of the British magazine Autocar voted the MINI as the “Car of the Century.”

 

In 2000, BMW acquired the brand MINI from the Rover Group (a successor company of BMC) and production rights for the legendary car. BMW AG soon launched an updated version of the MINI. The new MINI was modernized, engineered and designed with the quality and safety features of BMW cars.

 

The new MINI was an instant success due to its distinctive design, fun go-cart driving experience, and an extensive range of equipment enabling driver customization. MINI now has an expanded model range that includes the MINI Convertible, the MINI Clubman, the MINI Countryman, the MINI Coupe and the MINI Roadster. MINI had its best year ever in 2011, selling a total of 285,060 units worldwide, and bringing total MINI sales by BMW to 2,084,519 cars since 2002.

 

The quality and reputation of the products bearing the MINI mark is demonstrated by the numerous awards won by BMW for its MINI branded cars, including the “Car of the Year 2001” in Auto Express (a leading UK car magazine), “Car of the year 2002” in Auto Motor Sport (a leading German car magazine) and “North American Car of the Year 2003”. The MINI has been top-ranked in the small car category by readers of Auto Motor Sport every year since 2001. It was recently named “Car of the Decade” in January 2011 by the German automotive magazine Automobilwoche (translated “Automobile Week”), stating that no other model has had a greater influence on the automobile industry since the start of the 21st century.

 

BMW provides numerous services under the MINI mark, including financing services, leasing, insurance, maintenance, and repair services. BMW uses and licenses the MINI mark on a wide variety of lifestyle and merchandising products such as clothing, watches, sunglasses and leather goods.

 

Under the MINI brand, BMW is also involved in organizing events such as MINI United, where MINI enthusiasts meet at an open-air festival featuring motorsport events, music, fashion and entertainment. The MINI brand sponsors events such as the Burton Global Open Series, the Red Bull Crashed Ice, the Red Bull Art of Motion, and is also a sponsor of the British Olympic team in the 2012 Summer Games. MINI has been a sponsor of the Life Ball in Vienna since 2002.

 

Today, BMW maintains trademark registrations for the MINI name and logo in over 100 countries worldwide. MINI has long established secondary meaning as one of the most admired, distinctive and reputable trademarks in the automotive industry today.

 

 

  1. MINI and the Internet

 

MINI is extensively promoted on the Internet by BMW and its MINI division. The main MINI website at MINI.COM has been active since 1997. The name MINI is registered in over 130 ccTLD and gTLDs, and these sites receive approximately 60 million hits annually.

 

MINI has also built a successful online community under MINISpace.com, which brings together those interested in urban culture and other creative projects. This site embraces the lifestyle, people and activities that reflect or complement the MINI brand. MINI is also successful in social media channels. MINI’s Facebook community, for example, has more than 4M followers.

 

Furthermore, BMW ensures that MINI drivers are connected to their environment, not only through GPS, but also through the Internet and mobile phone apps. The MINI Connected App, for example, enables MINI drivers to use their iPhone to connect to Facebook or Twitter from the car screen, to access Google Local Searches and Send-To Car functions, as well as other infotainment and online functions.

 

 

  1. MINI and dotBrand

 

With this application for ”.MINI,” BMW seeks to underline its position as a leader and innovator within the automotive industry.

 

The “.MINI” TLD will enable the company to communicate with all of its dealers, partners, affiliates, customers, investors and the general public in a streamlined and consistent manner. The “.MINI” TLD will further enable BMW and its MINI division to provide a single location where customers may research product information and where authorized dealers or affiliates may advertise in a MINI-endorsed, authenticated space.

 

The “.MINI” space is intended to benefit Internet users by enabling BMW and its MINI division to communicate more easily and effectively with them under the unique nexus of the TLD. Internet users will have the comfort and peace of mind that comes with knowing they are interacting with the company in a safe online space, and that all of the information they are viewing is authentic.

 

The “.MINI” Registry Service Provider will manage the Internet space under the direct control of BMW. This will allow the distribution and exchange of information between BMW, their subsidiaries, official importers, dealers, customers, and other relevant parties by means of, but not limited to, websites, social networks, email and other technologies that will reside within the “.MINI” domain name space.

 

BMW envisages the TLD to follow a single-registrant model, wherein all registrations within the space are held by the BMW company itself. Appropriate corporate divisions, subsidiaries, authorized importers and dealers, or other authorized or affiliated entities may apply to the trademark department of the Applicant company to request authorization to license the use of such registrations. BMW shall review such requests and, in its sole discretion, may grant such licenses on a case-by-case basis. In all cases, BMW shall monitor the use of all “.MINI” domain names to ensure that the content of the associated websites remains current and appropriate to the “.MINI” space.

 

BMW and its MINI division believe that there are great opportunities with the “.MINI” TLD, especially as new initiatives are developed in the future. Additional TLD webpage hierarchy will be developed through the creative use of intuitive second-level domains and URL-shortening, which will open the door to new opportunities for international marketing campaigns.

 

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

The TLD is intended to benefit internet users by enabling BMW, its authorized dealers, employees and affiliates to communicate more easily and effectively with all Internet users, and particularly with its customers and business associates. Internet users will benefit from a more distinctive and trustworthy Internet experience when interfacing with BMW, thus further enhancing the outstanding customer service experience offered by the BMW corporation. The new “.MINI” TLD space will offer the Applicant a unique, brand-based service platform, through which the company will integrate its clients and affiliates from around the world in one comprehensive and easy-to-use location. The “.MINI” space is intended to operate as an inter-connected nexus of information, to cater to the needs of the company’s many discerning automotive clients worldwide.

 

BMW expects to benefit from the TLD by increased and more effective brand recognition in their marketing and communications, and by having an ample supply of relevant and available domain names to use in their business. In addition, the TLD will permit BMW to maintain greater control over its online brand and services, including but not limited to robust trust and security features. In turn, those benefits are certain to result in a better Internet user experience, particularly for those Internet users interested in BMW’s iconic MINI automobiles and related products.

 

Additionally, BMW’s millions of clients worldwide will greatly benefit from the anticipated direct intuitive navigation approach to be adopted across the new TLD space. Simply entering the “.MINI” TLD will immediately take the Internet user into the company’s secure, monitored space, where the individual user will be able to quickly and easily navigate to their desired online content through the use of keyword organized sub-domains.

 

The “.MINI” space will bring the additional benefit of increased Internet user security for its customers, as the space will be fully controlled by the company. Customers and Internet users will know the information provided on “.MINI” sites is authentic, authorized and accurate. BMW is working with its Registry Service Provider to establish strong safeguards in order to ensure that the “.MINI” space provides an exceptional, trustworthy platform for its clients’ transactional needs.

 

 

  1. i) What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?

 

The TLD ultimately is intended to function as BMW’s online branding and services platform. The Applicant anticipates employing leading-edge technologies and business practices, to provide Internet users with a trustworthy and positive experience when visiting the sites within the TLD network. The goal is to expand the company’s existing online infrastructure, services and marketing to encourage Internet users to interact with BMW and its affiliates online. Additionally, BMW anticipates having an ample supply of relevant domain names available for its use, which will assist in the marketing of its products, the delivery of its goods and services both directly through the relevant “.MINI” websites and the company’s network of authorized affiliates, and the development of new innovative products.

 

All “.MINI” domain name registrations will incorporate the Domain Name Registration and Use Policy for “.MINI,” which outlines the acceptable use guidelines for the space. A draft version of this Policy is provided in the answer to question 18(c) below. Such Policy will be further incorporated into any license agreement made between BMW and its affiliates, dealers, employees, clients or subsidiaries who may from time to time be authorized to license the use of “.MINI” domain names. A licensed domain name may be revoked by BMW at any time if the licensee does not comply with the acceptable use requirements contained in the Policy, or any other contractual requirements as may be established in the particular license agreement.

 

Domain names within the “.MINI” space may be used to provide specific information about BMW’s products and services, point-of-sale locations, and authorized dealers. They may additionally be used to provide information relevant to, inter alia, particular geographic locations, product lines or promotional activities. For instance, a customer interested in reviewing her purchase history or automobile features might review her client account by logging in at “MYOWN.MINI.” A potential client seeking information about promotional activities in his area might direct-navigate to websites at “MOTORTOBER.MINI,” “WANDERLUST.MINI” or “OFFERS.MINI” to look for available opportunities. Authorized dealers might be offered the opportunity to display information at sites using the format “DEALER.MINI,” and specific product lines could be showcased under keyword-specific domains such as “ROADSTER.MINI.”

 

This user-friendly, centralized network of information will greatly benefit Internet users and BMW’s consumers, thus enhancing the reputation of the BMW company and instilling a high level of trust in those who visit the “.MINI” space.

 

 

  1. ii) What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?

 

The “.MINI” TLD will provide an outstanding alternative to the currently-available gTLD spaces, in that it will serve as an easy-to-locate, centralized source of information. Internet users will quickly come to recognize the space as the sole authentic location to research and interact with the BMW company, which will set the TLD apart from other online spaces. Within the new TLD, the company will be able to easily organize information into a well-integrated, user-friendly format, simplifying navigation for routine and first-time visitors alike. For example, Internet users will be able to directly navigate to intuitive domains and sub-domains within the TLD by utilizing the company’s anticipated easy-to-access network of websites, saving time and resources as compared to the use of a generalized search engine.

 

The “.MINI” TLD will further enable the company in promoting its products, services and innovations, by proving a wealth of accessible domain names from which to choose. Today, it is often difficult to find a relevant, available domain name for the launch of a new product, or an innovative marketing campaign, from existing registration providers. Even if one is found, often pricing is prohibitive because the domain name may only be available on the secondary market. Often, new domains must be purchased from third parties and closely managed as corporate assets. These expenses and complications, which can hinder companies and, in some cases, delay the release of innovative new products and services to the public, can be dramatically reduced over time. Furthermore, an ample supply of immediately available, inexpensive domain names relevant to BMW and its activities are likely to pay dividends in additional ways which are currently difficult to foresee.

 

Additionally, the use of the “.MINI” TLD will have the added benefit of reducing the number of domain name registrations that the company will need to register and maintain with existing registration providers. This effect, multiplied across the many companies who choose to own and operate their own TLDs, may as a side effect result in increased competition among the existing registration providers. They may need to compete more fiercely for the remaining business interest in the existing TLDs, with so many organizations offering use and⁄or registration of new TLD domain names. The logical effect should be lower pricing and better service for all Internet users.

 

As it seems there will be many new “.BRAND” TLDs, BMW expects that consumers will soon learn to distinguish them from the existing TLDs and from new generic, geographical or cultural TLDs. The transition to a branded Internet will be a natural progression as new TLD spaces become available, and BMW believes this “new DNS” will be readily accepted by the online marketplace, in no small part due to the increased advantages and ease of use offered in these streamlined, tightly-controlled spaces. The new “.MINI” TLD space will enhance its already strong customer focus, while at the same time providing Internet users with an intuitive, easy-to-use and secure location.

 

Furthermore, the proposed “.MINI” TLD will be a “clean space” for consumers seeking information about the company, authorized dealerships, and authentic MINI parts, services and products. Since BMW will have control over all of the registrations in the space, there is minimal risk of abusive use of these domain names. There will be minimal opportunity for bad actors to impersonate authorized financial agents, perpetrate fraud, or engage in dangerous and illegal internet scams such as phishing or pharming. Internet users will find only authentic, BMW-authorized content within this space, providing them with a level of comfort and safety which the current gTLD landscape cannot give them. The “.MINI” pages will connect Internet users to authorized, safe sites, helping them to find relevant resources and information.

 

 

iii) What goals does your proposed gTLD have in terms of user experience?

 

The TLD ultimately is intended to function as BMW’s online branding and services platform supporting the goals of the “.MINI” space. It is intended to function with leading-edge technologies and business practices, ensuring a trustworthy and positive user experience.

 

The goal is to use BMW’s online infrastructure, services and marketing to encourage Internet users to interact online with the company. More specifically, BMW intends for users to perceive the TLD as a trustworthy indicator of the source of its online information and services. BMW will use advanced technical and policy measures to ensure the security of online transactions and communications, and to ensure that domain names in the TLD are only used for authorized purposes. BMW intends to provide a safe and legitimate Internet space, enhancing user experience by mitigating security-associated risks.

 

The TLD will reinforce the ideals of the BMW corporation. Therefore, domains within the TLD will only be used for purposes authorized by BMW, and the company will closely monitor the content of any and all licensed domains. Domain usage guidelines will be established and enforced in order to safeguard the Internet user experience and the reputation of the space. In addition, the TLD will provide an easily navigable and predictable domain name space.

 

The Internet user can expect, when entering the “.MINI” TLD, to find authentic, up-to-date information displayed in an intuitive, easy-to-navigate fashion. Second-level registrations will be carefully selected by BMW, and their content routinely monitored to ensure that Internet users receive the maximum benefit when utilizing the “.MINI” space.

 

Thus, the “.MINI” space is designed to provide an unparalleled user experience in terms of stability, safety, and facile user interface.

 

 

  1. iv) Provide a complete description of the applicant’s intended registration policies in support of the goals listed above.

 

It is envisaged that BMW will be the sole registrant of domain names within the TLD, which will ensure that such domain names only are used for purposes authorized by BMW in its online brand promotion efforts. A draft version of the anticipated Domain Name Registration and Use Policy for the “.MINI” space is provided at the end of the answer to question 18(c).

 

 

  1. v) Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users?

 

BMW intends for users to perceive the TLD as a unique, trustworthy source of its online information and services. User trust is enhanced when said users are confident that they are in fact interacting with the website and service they are intending to interact with, and that their private or confidential information is securely protected. BMW intends to use advanced technical and policy measures to reasonably ensure the security of online transactions and communications, and to reasonably ensure that domain names in the TLD are only used for authorized purposes. BMW intends to provide a safe and legitimate Internet space, enhancing user experience by mitigating security-associated risks.

 

BMW intends to deploy DNSSEC and to comply with all of the other policies and practices required by ICANN in the Registry Agreement and⁄or via any Consensus Policy. BMW will also comply with all applicable laws and regulations relating to Internet security and the privacy of users’ confidential information.

 

Furthermore, BMW already employs commercially reasonable practices with respect to the security of online transactions and users’ private or confidential information. BMW is committed to making the “.MINI” space fully compliant with all published best practices guidelines, including the APWG Anti-Phishing Best Practices for Registrars, and the SSAC docs: SAC 007, 025, 028, 035, 038, 040 (available at: http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄ssac-documents.htm). For further information concerning privacy protections and data security within the “.MINI” space, please refer to the answers contained in sections 23, 26, 28 and 29 below.

 

 

  1. vi) Describe whether and in what ways outreach and communications will help to achieve your projected benefits.

 

BMW plans to use the TLD in many of its marketing initiatives and in relation to many of its core operations and services. By effectively communicating to its consumers through branding initiatives, marketing and advertising, BMW believes Internet users will become familiar with the new space. Not only will such marketing inform individuals and prospective clients about the information available within the “.MINI” space for the particular goods or services covered in the advertising, but will also introduce them to the many other opportunities available within the TLD. Once familiar with the space, they will learn to take advantage of the wide range of services offered, and the easy-to-use, intuitive layout of the space overall.

 

For example, a user who first sees an advertisement for “PRODUCT.MINI” may later directly navigate to search within “.MINI” for information concerning other products or services offered by the company. Besides BMW’s own specific efforts to communicate the “.MINI” TLD to its intended audience, BMW believes it will be the natural next step for its audience, and relevant media organizations, to further communicate information about the TLD as they speak or report about the company. In sum, outreach and communication are important in order to achieve the projected benefits of the TLD, but also will be inherent in BMW’s use of the TLD space, and further will be enhanced by the viral nature of communications about the company’s work.

 

As it seems there will be many other .BRAND TLDs presented to Internet users in the coming years, it is expected that the outreach, communications and media relating to each of them, individually, will lead to collective benefit insofar as many Internet users will quickly grasp the concept behind these TLDs, and will expect many companies and corporate communities to operate them in generally consistent ways.

 

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

The TLD ultimately is intended to serve as BMW’s integrated online branding and services platform. It is envisaged to function with leading-edge technologies and business practices, ensuring a trustworthy and positive user experience. The goal is to use BMW’s online infrastructure, services and marketing to encourage Internet users to interact with the company online. BMW 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.

 

In general, BMW intends for users to perceive the TLD as a trustworthy and intuitive indicator of the source of its online information and services. BMW 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 BMW will be the registrant of all domain names within the space, it will have control over the content displayed on “.MINI” websites. BMW 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 BMW and its MINI brand, and to provide an online forum by which the company may communicate with all of its dealers, partners, affiliates, customers, investors and the general public in a streamlined and consistent manner. Domains within the TLD will only be used for purposes authorized by BMW, and domain usage guidelines will be implemented and enforced to constantly ensure the integrity and reputation of the TLD. Domain usage guidelines will be implemented and enforced to constantly ensure the integrity of users’ “.MINI” experience and the reputation of the TLD.

 

All domain name registrations within the “.MINI” space shall be held by BMW. The company may, from time to time and in its sole discretion, elect to license domain name registrations to appropriate corporate divisions, subsidiaries, affiliated and authorized importers and dealers, and other affiliated entities, in order to further the business interests of the company. All domain name registrations and license agreements shall incorporate the usage requirements set out in the Domain Name Registration and Use Policy for ”.MINI,” a draft version of which is provided at the end of this section. BMW intends that no domain name in the “.MINI” 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 BMW or its businesses, affiliates, dealers, employees, etc.

 

The “.MINI” domain space shall be used for the benefit of the BMW company. BMW will have the right to revoke any domain name license agreement should BMW deem such action appropriate for the benefit of BMW and its business interests.

 

The content and use of all registered “.MINI” domain names will be monitored by BMW on an ongoing basis, and compliance with the contractual restrictions and guidelines will be enforced. Violations of any restrictions, guidelines or other contractual conditions may result in termination of the relevant domain name license.

 

BMW will implement a Sunrise period of 30 days for the purpose of complying with ICANN requirements. However, because the Registry Operator will be the sole registrant within this space, there will be no other registrants eligible to reserve or register a domain during this period. The Registry Operator 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 “.MINI” domain name, 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.

 

 

  1. i) How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?

 

As indicated above, all domain name registrations within the “.MINI” space will be held by BMW itself. BMW may, in its sole discretion, elect to license the use of “.MINI” domain names to appropriate corporate divisions, subsidiaries, affiliated and authorized importers and dealers, and other affiliated entities, but the registrant of record for all domain names within the TLD space shall remain BMW. All such licensees shall be required to use the domains for the purposes specified by BMW under the terms of their relevant license agreements. BMW will maintain, at all times, control over the content and use of the domains within the new TLD, and will remain the sole registrant of record.

 

This single-registrant system will ensure that the TLD remains a tightly controlled, safe space for Internet users, and will ensure that the network of registrations remains well-organized. These protections will naturally inure to the benefit of Internet users who wish to interact or communicate with BMW online.

 

 

  1. 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 BMW itself and pricing (if any) of domain registrations will be a matter of company policy.

 

 

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

 

As noted above, BMW will be the sole holder of all domain name registrations in the TLD. Accordingly, BMW does not intend to make any commitments regarding the magnitude of price escalation.

 

 

A full text draft version of the anticipated Domain Name Use Policy for “.MINI” is provided below.

 

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

 

  1. General principles

 

  1. Purpose

 

The “.MINI” Top Level Domain (ʺTLDʺ) established by and for the use of Bayerische Motoren Werke AG, the Registry Operator for the TLD space. BMW 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 “.MINI” space.

 

This Policy is intended to be updated and revised regularly to reflect the needs of BMW and its TLD. The current version of this Policy will be made publicly available at: [insert website when determined].

 

The registration of domain names within the “.MINI” TLD shall be restricted to BMW itself, thus following a single-registrant model. BMW may, in its sole discretion, elect to license registrations within this space to, inter alia, appropriate corporate divisions, subsidiaries, affiliated and authorized importers and dealers, and other affiliated entities.

 

  1. Registration Policy

 

As indicated above, the “.MINI” space will follow a single-registrant model. Thus, Bayerische Motoren Werke AG shall be the only entity eligible to register domain names within the “.MINI” TLD.

 

  1. Domain Allocation Rules

 

  1. 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 BMW and will be publicly posted online at [website to be determined]. BMW 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

 

  1. Registration and Licensing Rules

 

  1. Registration period and renewals

 

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

 

  1. Licensing of domain name registrations

 

BMW may, in its sole discretion, elect to license domain name registrations within the “.MINI” space to, inter alia, appropriate corporate divisions, subsidiaries, affiliated and authorized importers and dealers, and other affiliated entities. In all cases, however, BMW will remain the registrant of record for all domain name registrations within the TLD, and shall retain the authority to modify or terminate such registrations at any time via the concerned registrar.

 

  1. Acceptable Usage Guidelines for “.MINI” Domain Names

 

  1. Acceptable Use

 

The “.MINI” space is intended to function as the BMW’s online corporate branding platform, and as such the registrations therein should generally support the goals and mission of the organization.

BMW intends that no domain name in the “.MINI” 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 BMW or its businesses, affiliates, dealers, employees, etc.

 

BMW will routinely monitor the use of all domain names registered in the “.MINI” space to ensure that the content displayed thereon is in the best interests of the company and its business endeavors.

 

  1. Dispute Resolution Policies

 

  1. 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

 

  1. 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].

 

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

 

The Registry Operator for “.MINI” 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].