.orange New gTLD Application

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New gTLD Application Submitted to ICANN by: Orange Brand Services Limited

Application Downloaded On: 02 Sep 2014

String: orange

Application ID: 1-958-59844

Applicant Information

1. Full legal name

Orange Brand Services Limited

2. Address of the principal place of business

3 More London Riverside,

London, SE1 2AQ

3. Phone number

+44 (0) 207 535 4412

4. Fax number

5. If applicable, website or URL

http://www.orange.com

Primary Contact

6(a). Name

Rachel Marks

6(b). Title

Legal Director, Group Legal Brand Affairs

6(c). Address

6(d). Phone Number

+44 (0) 207 535 4412

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

Sarah Humphries

7(b). Title

IP Portfolio Manager, Group Legal Brand Affairs

7(c). Address

7(d). Phone Number

+44 (0) 207 535 4412

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

A Private Limited Company

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

England and Wales

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.

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

Orange SA

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

Name

Position

CHRISTOPHE MARIE PASCAL HENRI NAULLEAU Company Director

Iain David Cottingham Director

Martin John Crossley Director

SALLY ANN EVANS Company Director

Thierry Michel Marigny Director

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

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

Name

Position

ORANGE SA 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

Name

Position

IBIYEMI SOLANKE COMPANY SECRETARY

Applied-for gTLD string

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

orange

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

14B. 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.

14C1. If an IDN, provide the language of the label (in English).

14C2. If an IDN, provide the language of the label (as referenced by ISO-639-1).

14D1. If an IDN, provide the script of the label (in English).

14D2. If an IDN, provide the script of the label (as referenced by ISO 15924).

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

15A. If an IDN, upload IDN tables for the proposed registry.  An IDN table must include:

the applied-for gTLD string relevant to the tables,

the script or language designator (as defined in BCP 47),

table version number,

effective date (DD Month YYYY), and

contact name, email address, and phone number.

Submission of IDN tables in a standards-based format is encouraged.

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

15C. List any variants to the applied-for gTLD string according to the relevant IDN tables.

16. 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.

The .orange string and A-Label were developed in line with and checked against the eligibility, stability and policy criteria as stated in the ICANN Applicant Guidebook - version 2012-01-11. The results of those checks are as follows:

- The string has less than 63 characters;

- The string in ASCII is composed of three or more visually distinct characters;

- The ASCII label consists entirely of letters;

- The string is not a reserved name as shown in section 2.2.1.2.1 - Reserved Names of the ICANN Applicant Guidebook - version 2012-01-11; and

- .orange is not identical or similar to any of the top 10 invalid TLD’s responsible for the majority of DNS pollution, as referenced in the Security and Stability Advisory Committee (SSAC)’s report on this topic at http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄sac045.pdf. It is likely that the .orange has not already been queried with meaningful frequency at the root. Therefore, it is unlikely that .orange will inherit significant invalid query traffic.

Due to the positive results of these checks, Orange Brand Services Limited does not believe that the .orange gTLD will be subject to any operational or rendering problems.

17. OPTIONAL.

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

18A. Describe the mission/purpose of your proposed gTLD.

THE MISSION AND PURPOSE OF THE NEW RESTRICTED .ORANGE gTLD IS TO BENEFIT INTERNET USERS BY ENSURING INCREASED TRUST AND CONSUMER CONFIDENCE THROUGH THE ELIMINATION OF USER CONFUSION AND ASSURANCE OF BRAND AUTHENTICITY.

The .orange gTLD will be initially operated as a restricted registry, that is to say Orange will not open up the registry for the registration of domain names to the general public but will instead solely operate the .orange gTLD within the environment of Orange Brand Services Limited (Orange). As a result, Orange can create and control domain names within .orange domain space that promote the identity and authenticity of its brand. In this regard, the .orange gTLD will be used by Orange to provide information, services and resources to its customers in a way that ensures trust and convenience. .orange will provide an authoritative internet space for Orange, its affiliates and partners that are associated with the brand. Second and third level domain names can be utilised for communication and marketing purposes, with internet users assured of brand authenticity. As the use of the new .orange gTLD expands and evolves, Orange may consider offering personalised domain names to its business customers, at a later date. In this endeavour Orange will continue to comply with all operational, technical and policy requirements, as well as maintaining consumer trust and the stability of the internet. Orange will keep ICANN reasonably informed of any material developments relating to the .orange gTLD including compliance with the continued operations instrument obligations as set out in Specification 8 of the Registry Agreement.

Orange is a global telecommunications company, providing a range of mobile and broadband communication services. Orange provides communications services to over 200 million customers in 32 countries across 5 continents. In 2010, the Orange brand was ranked number 50 by Millward Brown Optimor on a list of the world’s most powerful brands, with an estimated brand value of US$17.5 billion. As such, customer trust, brand recognition and continuous innovation are paramount considerations in all of the activities of the business. By creating the .orange gTLD, Orange will strengthen its position as one of the world leaders with a strong focus on innovation and internet technology, combined with its commercial practices.

Today, business activities are increasingly conducted over the internet, allowing for greater levels of interaction between businesses and its customers.  As a result, both businesses and end users benefit from ease of interaction and a wider range of choices with lower transaction costs. However, the development in this arena in the current domain name system has exposed both businesses and consumers to increased criminal activities over the internet, including data breach, hacking and phishing. These sophisticated criminal activities cause reputational damage to businesses as internet users lose consumer confidence and trust with the businesses targeted by such criminal activities. The .orange gTLD will facilitate greater trust and assurance from internet users connecting with Orange online, whilst still allowing convenient and efficient interaction.

Orange’s mission and purpose of the proposed new gTLD share ICANN’s initiatives to promote public interest. Orange is committed to contributing towards achieving such initiatives in line with ICANN’s Affirmation of Commitments, which includes:

- consumer trust: the .orange gTLD registry will be operated in a centralised manner with restrictive registration policy.  Registration of domain names will only be available to Orange and its affiliate entities at this stage, which will provide added consumer trust that .orange domain names are trustworthy. As .orange domain names are subject to registration standards, policies and procedures under Orange’s control, this eliminates the possibility of malicious conduct within the .orange domain space. Users will be assured that when browsing an .orange domain, that it is an Orange approved site.

- competition: the proposed new gTLD is not intended to instigate competition and consumer choice at the level of registration of domain names among prospective registrants. Instead it is anticipated to contribute to such initiatives through its operation focused on promoting consumer trust. Increased trust in .orange gTLD will drive existing and new top level domain (TLD) registry operators to make improvements in mechanisms to increase consumer trust of their TLDs; and   

- consumer choice: the proposed new gTLD will enable user-driven improvements and innovations assisting Orange’s marketing efforts through its ability to create new second and third level domain names on demand. These names will provide the consumers with more choices for interacting with Orange. As Orange has effective control over the registration and use of domain names under .orange domain space, this will also contribute towards general service innovations on the internet.

Given the restricted nature of the .orange gTLD, the projected number of registrations is likely to be limited.  It is anticipated that a limited number of between 1-300 domain names will be registered in the first year. However, over the next few years, the number of registrations is likely to increase to around 500-1,000 domain names as new services and marketing campaigns are developed and implemented.

Orange is a well-known global brand, with a substantial portfolio of registered trade marks protecting the Orange word and brand in over 190 countries and territories for variety of goods and services, including (but not limited to): telecommunications, communications services, electric and electronic communications, installation, maintenance and repair of telecommunications apparatus and systems, and advisory and consultancy services relating to telecommunications and communication.

Orange has existing domain names in 10 gTLDs and over 140 country-code TLDs (ccTLDs) containing the “Orange” trade mark including (but not limited to) the following spaces:

- gTLDs:  .asia, .biz, .com, .mobi, .net, .tel, .info, .jobs, .org

- ccTLDs: co.uk, .be, .bh, .co.ma, .co.om, .co.th, .co.ug, .co.uz, .co.ve, .co.za, .com.jo, .com.pt, .es, .eu, .hk, .net.au, .net.cn, .net.uk, .se, .sg, .us, .ch, .co, .in, .it, .pl

Recently, Orange was successful in securing sunrise applications for the following domain spaces based on existing trade mark registration: .eu, .asia, .tel, .co, .xxx

Orange believes that the .orange gTLD is unlikely to cause confusion with either a generic term or any existing TLDs. Orange trademarks represent a leading global brand with significant reputation in Europe and the UK. With over 200 million customers worldwide, Orange has a strong reputation in countries all around the world. Orange has used the term ‘orange’ in conjunction with its telecommunications and communications businesses for almost 20 years. Orange has been at the forefront of technological innovation, launching mobile internet and high-speed broadband. As such, the Orange brand is well known for internet related goods and services. The .orange gTLD will continue the innovation of the Orange brand.

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

18(B)I. WHAT IS THE GOAL OF YOUR PROPOSED gTLD IN TERMS OF AREAS OF SPECIALTY, SERVICE LEVELS OR REPUTATION?

The key goals of the proposed new gTLD in line with ICANN’s Affirmation of Commitments are:

1. to promote consumer trust and reduce the risk of malicious abuse.  Orange will have control over the registration and use of domain names under the .orange domain space, which will provide internet users with confidence in a domain name under that domain space.  As a leading telecommunications and internet service provider, maintaining uncompromised reputation in its online presence is critical for Orange.  The use of .orange at the top level will differentiate it from the range of names registered at the second level of existing TLDs that match the names of telecommunications companies.  These names can be registered for other services, and are also subject to the registration of minor misspellings of the brand for phishing and other malicious purposes;

2. to promote competition among participants in the telecommunications industry at the gTLD level as well as existing TLD registry operators that do not implement mechanisms to build consumer trust; and

3. to promote consumer choice and innovation by its ability to implement user-driven improvements from feedback and discussion.

Orange wishes to take maximum advantage of a restricted gTLD to help foster its online reputation. The .orange gTLD will also assist its marketing and specialty service⁄product development. The proposed new gTLD is anticipated to provide service levels, functionalities and security measures tailored for its effective interaction with its own customers while fostering creativity and innovation. Strengthened security measures, service level improvements and reputation will have a flow on effect to enable increased competition. Therefore, the benefits of the proposed .orange gTLD will be distributed not only to its direct customers, but to the internet community at large.  

18(B)II. WHAT DO YOU ANTICIPATE YOUR PROPOSED gTLD WILL ADD TO THE CURRENT SPACE, IN TERMS OF COMPETITION, DIFFERENTIATION, OR INNOVATION?

It is anticipated that the proposed .orange  gTLD will make positive contributions to the wider internet community by providing:

- increased trust;

- competition;

- differentiation; and

- innovation.

INCREASED TRUST:

The current domain name system has shown that it is vulnerable to malicious abuse due to registration of domain names which seek to exploit consumer confusion.  Orange can address some of these vulnerabilities by maintaining complete control over the domain names registered under the .orange domain space. Domain name registrations will be restricted to affiliate entities of Orange at this stage, eliminating potential registration abuses. Internet users will be able to rely on the authoritativeness of the domain names under .orange domain space, which will differentiate interaction between internet users and Orange.

COMPETITION:

The differentiation of the .orange gTLD as a trusted site for Orange will drive existing and new TLD registry operators to make improvements in mechanisms, to improve consumer trust of their TLDs. Internets users will be encouraged to interact with domain names under .orange domain space.  The existing TLD registry operators and Orange’s industry competitors who continue to rely on the existing domain name system will be required to address and overcome some of the shortfalls of the existing system.  As a result, internet users will benefit from improved services and competitive pricing in the market place.  

DIFFERENTIATION:

The .orange gTLD will simplify how internet users interact with Orange by providing a distinctive domain space.  Internet users will be able to directly navigate to .orange gTLD site, saving time and resources searching for an official site. It will provide easy, direct access through short and memory friendly Uniform Resource Locators (URLs). Together with consumer trust in the .orange gTLD, internet users will come to differentiate .orange gTLD as a trusted and authenticated site.

INNOVATION:

With the expansion of the internet community to all corners of the world, the existing TLD structure presents limitations, not only in the availability of domain names for registrants, but also poses a potential limitation to businesses and organisations in establishing a coherent global online brand presence. It is often difficult to register a relevant and desired domain name in existing domain space due to unavailability of the desired name. This problem is amplified for organisations as Orange has operations and a presence in many different jurisdictions and geographical markets. Even when the desired domain name is available, it may come with a high price tag associated with a purchase of such desired name from a third party. As a restricted gTLD with an ability to effectively create second or third level domain names on demand, Orange will be able to combine its use of the domain space with innovative user-focused marketing and services to address the currently unmet needs in the existing domain name system in terms of consumer choice.  Thus, Orange will strengthen its position as an innovative worldwide organisation with a strong presence on the internet.

18(B)III. WHAT GOALS DOES YOUR PROPOSED gTLD HAVE IN TERMS OF USER EXPERIENCE?

CURRENT CHALLENGES:

Today, internet users experience difficulty in locating legitimate businesses on the internet due to user confusion. This confusion stems from both malicious registrants as well as by legitimate businesses. In the current domain system, Orange is required to take great care in monitoring the domain validity period, relating to the expiry and renewal of a large number of domain names (including domain names containing misspellings) registered to protect its brand reputation and consumers from increased criminal activities over the internet.  Also, Orange has experienced difficulties in registering its business name as a domain name due to unavailability of desired domain names in the existing internet space.

POSITIVE USER EXPERIENCE:

The proposed new gTLD is anticipated to provide positive user experiences, which meet the changing and growing needs of the global internet community. Orange will maintain control in the registration and use of domain names and will ensure that the new gTLD will only be used for purposes authorised by Orange. Therefore, .orange gTLD will:

- provide an easy, intuitive and user friendly reference and access point for internet users;

- represent authenticity thus promoting user confidence;

- direct internet users to relevant information in a timely manner by creating domain names on demand;

- use IDNs to enable customer to interact directly in their native language;

- use geographic names to localise its websites to connect with internet users in the relevant regions and to comply with local laws;

- enhance security and minimise security risks by implementing necessary technical and policy measures;  

- strengthen brand reputation and user confidence by eliminating user confusion; and

- prevent potential abuses in the registration process reducing overall costs to businesses and users.

Orange intends to create relevant domain names for use including product, services or geographic names in the second or third level domain names. Orange may also use geographic names and Internationalized Domain Names (IDNs) at the second level in accordance with registration policies and the proposed measures for protection of geographic names as outlined in response to Question 22. The use of geographic names and IDNs are intended to:

- connect internet users with relevant information as applicable to the territory;

- comply with required rules and regulations in the national territory; and

- allow internet users to engage with .orange in their native language, creating a more positive user experience and encouraging diversity.

Further, the .orange gTLD is also intended to address the concerns with the current domain name system, which is open to potential malicious abuse and user confusion in the registration processes. Although the current system allows an eligible party to lodge a claim through existing Uniform Domain Name Dispute Resolution (UDRP) or other dispute resolution processes, the proposed .orange gTLD is anticipated to prevent any potential abuses in the registration processes thus reducing overall costs to internet users.

Elimination of user confusion and potential for malicious abuse will strengthen user confidence in the domain name system, which will ultimately contribute towards promoting ICANN’s core values in benefiting the public interest.

18(B)IV. PROVIDE A COMPLETE DESCRIPTION OF THE APPLICANTʹS INTENDED REGISTRATION POLICIES IN SUPPORT OF THE GOALS LISTED ABOVE.

The proposed registration policy is attached in response to Question 28.

As a restricted gTLD, registrations for domain names will only be available to affiliate entities of Orange initially, in support of its mission and purpose. As the use of the new .orange gTLD expands and evolves, Orange may consider expanding the .orange gTLDs registration process at a later date. Any such expansion process will comply with all policy, operational and technical requirements and will adhere to applicable measures to protect consumer trust and the stability of the internet.

In addition, the domain name registration processes in the proposed new gTLD will address the minimum requirements as mandated by ICANN, including but not limited to minimum rights abuse prevention measures such as the use of the Trademark Clearinghouse.  

18(B)V. WILL YOUR PROPOSED gTLD IMPOSE ANY MEASURES FOR PROTECTING THE PRIVACY OR CONFIDENTIAL INFORMATION OF REGISTRANTS OR USERS? IF SO, PLEASE DESCRIBE ANY SUCH MEASURES.

Orange is committed to the protection of privacy and confidential information in accordance with its mission and purpose of the proposed new gTLD fostering increased consumer trust through the provision of a safe and legitimate internet space for internet users.  Privacy and confidential information will be protected in accordance with all applicable laws and regulations relating to internet security, privacy and user’s confidential information.  Orange also complies with all relevant UK Data Protection legislation, including the Data Protection Act 1998 (UK) and the Privacy and Communications Regulation 2003 (UK).

Orange has also implemented its own privacy policy to demonstrate its commitment to the protection of user privacy and confidential information. In accordance with Orange’s privacy policy, Orange may only use personal information for limited purposes such as:

- to confirm that orders have been received and to process them;

- to validate the customer as a registered customer when using Orange services and calling the help desk;

- to prevent and detect criminal activity, fraud and misuse of or damage to its services or networks;

- to prosecute those responsible and to contact the customers to invite them to form a part of Orange’s customer panel or research groups;

- to develop its offers and the layout of its websites, for the purposes of management, research, analysis, corporate reporting, credit scoring and improving business efficiencies; and

- to contact its customers about new offers and services.

As the .orange gTLD will only be available to affiliate entities of Orange initially, the amount of personal data that will be collected for the purposes of operating the gTLD and made publicly available in the WHOIS database will be very limited. Orange will provide a publicly available and searchable WHOIS look-up facility, where information about the domain name status, registrant information including administrative and technical contact details can be found, in accordance with Specification 4 of the Registry Agreement. In order to prevent misuse of the WHOIS look-up facility, Orange will utilise measures including a requirement where any person submitting a WHOIS database query is required to read and agree to the terms and conditions in accordance with the registration policy. This will include the terms of use that the WHOIS database is provided for information purposes only and that the user agrees not to use the information for any other purposes such as allowing or enabling the transmission of unsolicited commercial advertising or other communication.

Orange will deploy Domain Name System Security Extensions (DNSSEC) which is intended to benefit both Orange and its users interacting with Orange online. DNSSEC provides additional security by validating information in the transmission, therefore it is intended to benefit those who publish information in the domain name system (DNS) and the users who retrieve information from the new .orange gTLD. Orange. Orange already implements measures to protect privacy or confidential information of its users against misuse, loss, alternation and unauthorised access. Such measures include the use of secure server, data encryption and strict security procedures covering the storage and disclosure of personal information in order to prevent unauthorised access.

Orange will continue to apply all security measures currently implemented and will comply with all other policies and practices required by ICANN in the Registry Agreement and any relevant Consensus Policy for protecting the privacy and confidential information of registrants and users in the new .orange domain space.

18(B)VI. DESCRIBE WHETHER AND IN WHAT WAYS OUTREACH AND COMMUNICATIONS WILL HELP TO ACHIEVE YOUR PROJECTED BENEFITS.

The proposed new gTLD will be publicised by a media plan to promote recognition of the new gTLD within the internet community to be a trusted site and it will be used as a sign of authenticity.  During the initial stage of the operation of the proposed new gTLD, it is anticipated that internet users will be re-directed to current websites.  However, over time, it is foreseen that communication to the internet community of the existence of the proposed new gTLD and encouragement to utilise the trusted site will contribute towards minimising malicious abuses and protecting internet users.

18C. 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?

As a restricted gTLD, registration will only be open to internal users (affiliate entities) at this stage and no third parties will be able to register domain names under .orange domain space.  Therefore, it is not anticipated that third party trade mark owners will incur costs in relation to the .orange gTLD. The affiliate entities wishing to register domain names must ensure that all the policy requirements for registration are satisfied.   Orange will utilise the services of the proposed Trademark Clearinghouse to ensure that domain names registered and the use of those domain names, do not infringe any registered third party intellectual property rights.  

No unaffiliated third party will be permitted to register domain names at this stage. It is estimated that time and money spent by consumers who have been targeted by malicious abuse in utilising payment services on the internet will reduce over time as a result of the new, trusted .orange gTLD.

18(C)I. HOW WILL MULTIPLE APPLICATIONS FOR A PARTICULAR DOMAIN NAME BE RESOLVED, FOR EXAMPLE, BY AUCTION OR ON A FIRST-COME⁄FIRST-SERVE BASIS?

Initial use of the proposed new gTLD will be restricted to internal business use and Orange and affiliate entities are intended to be the registrants under the .orange gTLD. Therefore conflicts between multiple applications are not anticipated to occur.  

18(C)II. EXPLAIN ANY COST BENEFITS FOR REGISTRANTS YOU INTEND TO IMPLEMENT (E.G., ADVANTAGEOUS PRICING, INTRODUCTORY DISCOUNTS, BULK REGISTRATION DISCOUNTS).

This gTLD will be used for internal purposes only at this stage, so pricing incentives are not applicable or relevant.

18(C)III. 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 PLAN.

This gTLD will be used for internal purposes only at this stage, so pricing incentives or pricing increases are not applicable or relevant as no additional fees are to be charged.