.baidu New gTLD Application

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New gTLD Application Submitted to ICANN by: Baidu, Inc.

String: Baidu

Originally Posted: 13 June 2012

Application ID: 1-2088-98525

 

Applicant Information

 

  1. Full legal name

Baidu, Inc.

 

  1. Address of the principal place of business

Baidu Campus, No.10 Shangdi 10th Street

Haidian District

Beijing  100085

CN

 

  1. Phone number

+86 10 5992 8888

 

  1. Fax number

+86 10 5992 0062

 

  1. If applicable, website or URL

http:⁄⁄www.baidu.com

 

Primary Contact

 

6(a). Name

Mr. Zhiyong Duan

 

6(b). Title

Legal

 

6(c). Address

 

6(d). Phone Number

+86 137 1768 1281

 

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. DeJing Kong

 

7(b). Title

CEO

 

7(c). Address

 

7(d). Phone Number

+86 136 9696 9693

 

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

Company Limited by Shares

 

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

Cayman Islands

 

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.

NASDAQ;BIDU

 

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

Greg Penner Independent Director

James Ding Independent Director

Jennifer Li Chief Financial Officer

Nobuyuki Idei Independent Director

Robin Yanhong Li Chairman and Chief Executive Officer

William Decker Independent Director

 

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

Jennifer Li Chief Financial Officers

Robin Yanhong Li Chairman and Chief Executive Officer

 

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

Handsome Reward Limited Not Applicable

Robin Yanhong Li Chairman and Chief Executive Officer

 

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.

Baidu

 

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.

The Applicant, Baidu, Inc., anticipates the introduction of this TLD without operational or rendering problems. The Applicant is confident the launch and operation of this TLD presents no known challenges. The rationale for this opinion includes:

- The string is not complex and is represented in standard ASCII characters and follows relevant technical, operational and policy standards;

- The string length is within lengths currently supported in the root and by ubiquitous Internet programs such as web browsers and mail applications;

- There are no new standards required for the introduction of this TLD;

- No onerous requirements are being made on registrars, registrants or Internet users, and;

- As described in our response to Technical & Opertaional section, the proposed registry infrastructure, supporting systems and staff are amply provisioned and prepared to meet the needs of this TLD.

 

  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 mission and purpose of .BAIDU Generic Top-Level Domain represents Baidu, Inc.’s (BAIDU) continuous and proactive effort on international trademark protection in the Internet domain name system. The submitted application materials shall be in compliance ICANN New gTLD Program as well as international best current practice on trademark protection in gTLD name space.  BAIDU plans to make every possible attempt to ensure its brand recognition, reputation, and user experience at the Internet Top-Level. Based on further research and findings in domestic and international marketplace, there could be other areas and goals that BAIDU may identify prior to or upon launching the TLD registry.

 

.BAIDU represents the ultimate brand value and core business competency of Baidu, Inc. It is considered to be critically important to BAIDU’s existing and future businesses. The following selected trademarks ⁄ word marks has been part of the BAIDU’s intangible asset and under its management.

 

Country⁄Region  |   Tradmark   |   Serial #   | Reg. Validity

 

Hong Kong     Baidu 300917136 2007.7.20-2017.7.19

 

Hong Kong     Baidu 300917136 2007.7.20-2017.7.19

 

Hong Kong     Baidu 300917136 2007.7.20-2017.7.19

 

U.S.A.        Baidu         3702200         2009.10.27--2019.10.26

 

U.S.A.        Baidu         3702199         2009.10.27--2019.10.26

 

U.S.A.        Baidu         3696392         2009.10.13--2019.10.12

 

Taiwan        Baidu         1474938         2010-10-14;2021-9-15

 

Taiwan        Baidu         1475104         2010-10-14;2021-9-15

 

China        baidu         5916523         2010.2.14-2020.2.13

 

China        baidu         5916520         2010.3.28-2020.3.27

 

China        baidu         5916622         2010.6.7-2020.6.6

 

China        baidu         5916526         2010-7-28 - 2020-7-27

 

 

About Baidu, Inc.

Baidu was founded in 2000 by Internet pioneer Robin Li, creator of visionary search technology Hyperlink Analysis, with the mission of providing the best way for people to find what they’re looking for online.

 

Baidu’s name was inspired by a poem written more than 800 years ago during the Song Dynasty. ʺ…hundreds and thousands of times, for her I searched in chaos, suddenly, I turned by chance, to where the lights were waning, and there she stood.ʺ Baidu, whose literal meaning is “hundreds of times”, represents a persistent search for the ideal.

 

Baidu provides their users with many channels to find and share information. In addition to their core web search product, they power many popular community-based products, such as Baidu PostBar, the world’s first and largest Chinese-language query-based searchable online community platform, Baidu Knows, the world’s largest Chinese-language interactive knowledge-sharing platform, and Baidu Encyclopedia, the world’s largest user-generated Chinese-language encyclopedia, to name but a few. Beyond these marquee products they also offer dozens of helpful vertical search-based products, such as Maps, Image Search, Video Search, News Search, and many more.

 

Baidu also serves as a media platform for online marketing customers which is mainly based on a performance-oriented marketing platform for businesses to cost effectively reach relevant Internet users through both Baidu organic websites and their affiliated websites (their Union business). The majority of their revenue is derived from performance-based online marketing services and their customers pay on a cost per click basis – that is, their customers only pay when their paid-link is clicked through and they get the “lead”.

 

With the world’s largest Internet user population – 477 million as of mid-2011 , China’s internet is growing in both influence and sophistication. And as more and more Chinese come online, Baidu continues to innovate to meet their increasingly diverse tastes and look forward to a robust future.

 

 

All available second-level strings of .BAIDU (e.g. example .BAIDU) will be initially allocated only to limited number of eligible registrants and for internal corporate business purposes. BAIDU plans to adopt this approach and expects to maintain it for 3 years from the launch of the “.BAIDU” registry service. Such approach will be regularly evaluated and adjusted if appropriate and necessary. Depending a various internal and external factors, including market demand and user expectation, BAIDU may consider a phased roll-out approach for a broader commercial marketplace but will do so after the conclusion of the initial 3-year period.  This defensive and conservative approach shall meet the purpose of trademark protection, minimize potential technological, marketing and operational risks, and allow ample time for BAIDU’s management to evaluate best possible and long-term strategy of utilizing .BAIDU TLD prominently.

 

BAIDU is also analyzing the definition of “eligible registrants” and the potential use case options on the type of domain name that is permitted for registration and by whom.  To the best of BAIDU’s knowledge as a registry operator, the eligible registrants may include the following:

-- a subsidiary or branch company

-- an official or frequently-used name of the department or business unit

-- a channel, service, product, event, or campaign

-- a member of Board, Staff, affiliated person, partner or collaborator

-- Other entity, sub-group, or personnel to be further defined

 

The eligible registrant is authorized to be a user or administrator of a .BAIDU second level domain.  Subject to operational requirement and other business factors, the eligible registrant should be able to register one or multiple .BAIDU domain names. Specific roles and responsibilities of a registrant will be defined prior to the launch of the .BAIDU TLD. BAIDU will ensure that its registrants are provided with clear guidance on registration policy, and the registry services are offered in a safe and trusted environment.

 

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

BAIDU believes that the proposed .BAIDU gTLD has the potential to offer two clear benefits to Internet users and consumers:

 

-- .BAIDU can provide the unique and clear identifier in the gTLD space for the convenience of existing and future BAIDU users

-- .BAIDU can help elevate BAIDU’s overall brand value in the online marketplace and offer a higher level of user trust and confidence to BAIDU as well as to the Internet in general

 

Currently BAIDU operates a number of websites, and controls a number of relevant gTLD and ccTLD where the trademark “BAIDU” is at the 2nd or 3rd level. While BAIDU continues to operate or control these domain names, It is our belief that in a long-run, an “unified” .BAIDU gTLD shall provide an online single source identifying services, channels, and functions for its Chinese-speaking customers around the globe.

 

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

As Internet and mobile technologies evolve, BAIDU continues to evaluate opportunities to distribute its products and services to its users in China and in the rest of the world. While BAIDU’s intention of filing this application is to proactively protect this ownership of the “BAIDU” trademark at the gTLD name space, and to provide a trusted and intuitive namespace for businesses and consumers that use BAIDU’s broad range of services, it is also important to recognize that BAIDU continues to aim to become the online media platform of choice for Internet users to research and retrieve information.  The .BAIDU gTLD is planned to serve as a cornerstone of these goals.

 

 

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

As a brand gTLD, the default factor and motivation of BAIDU is to provide an intuitive and safe Internet ⁄ mobile information and social network services marketplace to its users and business customers. The success of the .BAIDU TLD will not be measured and determined by the total number of domain name registered. Instead, it will be measured by the level of consumer recognition and confidence that is placed in .BAIDU gTLD. Using this benchmark, BAIDU strives to build consumer recognition and confidence to the level of that can be found in various existing ccTLDs.

 

As noted above, BAIDU is a leading online service provider that is completely relying upon emerging Internet technologies and domain name system to deliver services to its consumers both domestically and abroad.  A .BAIDU gTLD shall elevate its existing market leadership to another level. However, any broader adoption of this competitive advantage will only be undertaken after BAIDU has confidence that the concerns of various government and law enforcement regarding ICANN’s new gTLD process are properly addressed to its satisfaction.  

 

 

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

BAIDU believes that the .BAIDU gTLD will provide an enhanced experience for the hundreds of millions of consumers both domestically and internationally that use its online services. This will also provide increased confidence and predictability for new customers and partners as BAIDU continues to expand into other markets around the world as a leading online media and Internet services platform.

 

In addition to providing consumers with shorter, memorable, and intuitive domain names to help customer navigate the website, BAIDU envisions best in class safeguards to minimize any potential phishing, pharming, or spam that have plagued the customers of other internet portals or content providers. BAIDU strives for the protection of copyrights and the operation of .BAIDU TLD will continue to ensure that the users can enjoy high quality services without worrying about potential copyright infringement on the Internet.

 

Due to fact that every domain name will initially be registered to BAIDU or a subsidiary or an affiliate, BAIDU will make sure that accurate and current domain name information is collected from the registrant readily available in connection with each .BAIDU domain name. If other individuals and or companies are eventually permitted to register domain names in the .BAIDU gTLD, BAIDU will re-evaluate its policies at that time to ensure that its policies are in compliance with adequate policies ⁄ best practices at that time.

 

 

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

As documented in Section 18(a), during the Initial Period of operation, BAIDU is intending to restrict registration and use of domain names with the gTLD to limited number of eligible registrant. Because of this condition precedent, any registration and use requirements are more appropriately vested in these corporate⁄subsidiary agreements and not in a domain name registration agreement.

 

Aside from these concerns, BAIDU will incorporate all required ICANN consensus policies and other legal⁄policy requirements imposed on new gTLD applicants into the terms and conditions of the domain name registration agreement. Based on ICANN Registry Agreement, BAIDU sets and enforces .BAIDU registration policies.  General Registry Policies will be developed and made available prior to launch of TLD. Such policy decisions, based on ICANN Registry Agreement and relevant industry best practices, include but are not limited to:

-- Registration eligibility requirements

-- Which registrars may become accredited and sell domains

-- Wholesale prices offered to registrars

-- Reserved names

-- Phased allocation (Sunrise, Landrush, etc.) of the domain space at the second and third levels

-- Dispute policies

-- Technical policies, including SRS security and access.

 

This .BAIDU General Registry Policies pertain techno-operational policies in the following areas:

  1. Domain Registrations (Domain Objects) and the .BAIDU Zone File
  2. Domain Contacts (Contact Objects) and WHOIS Service
  3. Dispute Resolution Policies
  4. Obligations of Registered Name Holders

 

The General Registry Policies provides the framework for the general operations of the .BAIDU Registry.  Other policies, such as the .BAIDU Eligibility, Reserved Name Policies, Sunrise Policies and other relevant policies are described separately in other documents published at the .BAIDU TLD registry Websites. Pricing and technical specifications are published for Accredited Registrars only and provided separately.

 

The .BAIDU TLD registry is committed to maintaining the integrity of the data within the .BAIDU Registry and to implement policies that deter infringements.  The .BAIDU TLD Registry adopts the Uniform Domain Name Dispute Resolution Policy (UDRP) for facilitating the resolution of disputes over the registration and use of a second-level domain name registered under the .BAIDU Registry. All domain name registrations must submit to the mandatory proceedings commenced under UDRP, which is available for review at http:⁄⁄www.icann.org⁄dndr⁄udrp⁄policy.htm.  Complaints under the UDRP should be submitted to an approved dispute-resolution service provider listed at http:⁄⁄www.icann.org⁄dndr⁄udrp⁄approved-providers.htm.

 

Beyond the UDRP, all domain registrations must also submit to proceedings commenced under formally adopted dispute policies as set forth by BAIDU from time to time and published on the .BAIDU TLD registry Website(s).  Such dispute policies will take effect at the time they are announced on the .BAIDU TLD registry Website(s), with or without prior notice to registrars or registrants.

 

Such dispute policies may include for example, but not limited to, expedited processes for suspension of a domain name by claims sought by intellectual property right holders (URS), Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .BAIDU Registry. Dispute policies may also include for example challenge processes adopted by the .BAIDU Registry for special programs when occurred.

 

Moreover, based upon BAIDU’s commitment and established track record in providing a safe eco-system for businesses and individuals, BAIDU intends to provide best in class safeguards that will evolve over time.

 

 

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

BAIDU will conform with section 1.8.6 of ICANN Registry Agreement:

Registry Operator will: 1) implement appropriate measures to avoid abuse of this feature (e.g., permitting access only to legitimate authorized users); and 2) ensure the feature is in compliance with any applicable privacy laws or policies.

BAIDU also recognizes that this is an evolving area of law in which there is no international standard, the measures for protecting the privacy and confidential information of registrants or users will be developed based on industry best practice such as Registrar Accreditation: Model Privacy Policy provided by ICANN (see http:⁄⁄www.icann.org⁄en⁄registrars⁄model-privacy-policy.htm)

BAIDU as a registry operator shall take reasonable steps to protect personal data from loss, misuse, unauthorized disclosure, alteration or destruction. BAIDU as a registry operator shall not use or authorize the use of personal data in a way that is incompatible with the notice provided to registrar(s) ⁄ registrant(s).  Personal data shall refer to all data about any identified or identifiable natural person. BAIDU as a registry operator will not make commercial use of, or collect, traffic data regarding domain names or non-existent domain names for purposes such as the determination of the availability and health of the Internet, pinpointing specific points of failure, characterizing attacks and misconfigurations, identifying compromised networks and hosts, and promoting the sale of domain names.

 

Publicly available registrant information such as WHOIS service is intended only for query-based access.  Specific WHOIS access policy is listed within the general registration policy.  

 

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

As noted above, BAIDU’s driving factor in securing a .BAIDU gTLD in ICANN’s first round is primarily defensive in nature, and while BAIDU sees the potential for this gTLD to serve as a cornerstone for its future online strategic initiative, there are a number of unanswered questions concerning consumer recognition, security and stability, and broader industry adoption of new gTLDs within the marketplace that must be satisfactorily answered first.  Once these concerns have been answered to BAIDU’s satisfaction, BAIDU is committed to making prominent use of the .BAIDU gTLDs in printed and online material as well as across its network of websites, affiliates, and partners. As of end of 2011, BAIDU has over 2.3 Billion USD in revenue. BAIDU is expecting to allocate sufficient resources on marketing and branding of .BAIDU TLD when appropriate.

 

 

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

 

BAIDU believes the proposed operating rules to initially limit registration to BAIDU and its subsidiaries will provide a clear and simple online environment for consumers of BAIDU’s services. Therefore there is no need for other trademark and brand owners to defensive register in the gTLD except those potential partners become affiliated to BAIDU (i.e. a contractual obligated entity of BAIDU that uses BAIDU’s services) .  This shall also provide consumers with a single trusted source for BAIDU with a substantially lower risk of fraud and⁄or scams for its customers.  BAIDU also believes that the safeguards set forth in the Applicant Guidebook and the proposed business model outlined in Section 18(a) will minimize and potential negative social costs.

 

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

BAIDU believes that the proposed operation of the .BAIDU gTLD as set forth in this application has no known negative consequences or cost implications on consumers. To the contrary, the proposed operation of this registry will likely lead to direct and quantifiable benefits to consumers. BAIDU believes that by following the core corporate goals as identified in Section 18(a)  it will be able provide real value to consumer, and minimize any potential negative consequences⁄costs.

 

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

BAIDU does not envision multiple applicants for the same domain name, as domain names will initially only be allocated to BAIDU and its subsidiaries. If and when BAIDU decides to permit third party registrations within the gTLD, BAIDU will evaluate and decide upon a best in class allocation mechanism that can include and balance the interest of rights holders, registrants, registrars ⁄ resellers, as well as users in general.

 

 

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

BAIDU does not envision any pricing, introductory discounts, bulk registration discounts because these marketing⁄commercial initiatives are inconsistent with the mission and purpose of the .BAIDU gTLD as mentioned previously. Moreover, it is the current best thinking of BAIDU that .BAIDU domain name registrations will be provided to the eligible registrants at no-cost initially.

 

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.

BAIDU is committed to providing the domain name registration periods set forth in the registry agreement. However, as noted above the registration and use of the domain name is conditioned upon the registrant being a subsidiary or an affiliate of BAIDU, providing contractual commitments in a domain name registrant agreement regarding the magnitude of price escalations does not seem relevant or appropriate.  Additionally, as noted above, the current best thinking of BAIDU that .BAIDU domain name registrations will be provided to BAIDU subsidiaries or affiliates initially at no-cost.