.GAP New gTLD Application
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New gTLD Application Submitted to ICANN by: The Gap, Inc.
String: GAP
Originally Posted: 13 June 2012
Application ID: 1-925-90449
Applicant Information
- Full legal name
The Gap, Inc.
- Address of the principal place of business
2 Folsom Street
San Francisco CA 94105
US
- Phone number
+1 415 427 0100
- Fax number
+1 415 427 0275
- If applicable, website or URL
http:⁄⁄www.gap.com
Primary Contact
6(a). Name
Mr. Philip Lodico
6(b). Title
Managing Partner
6(c). Address
6(d). Phone Number
+1 202 223 9252
6(e). Fax Number
6(f). Email Address
Secondary Contact
7(a). Name
Mr. Dave Barrowman
7(b). Title
Director, GID Product Development
7(c). Address
7(d). Phone Number
+1 415 427 8532
7(e). Fax Number
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Corporation
8(b). State the specific national or other jursidiction that defines the type of entity identified in 8(a).
Delaware
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.
New_York_Stock_Exchange;GPS
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
Adrian D.P. Bellamy Member of Board of Directors
Bob L. Martin Member of Board of Directors
Domenico De Sole Member of Board of Directors
Isabella Goren Member of Board of Directors
Jorge P. Montoya Member of Board of Directors
Katherine Tsang Member of Board of Directors
Kneeland C. Youngblood Member of Board of Directors
Mayo A. Shattuck III Member of Board of Directors
Robert J. Fisher Member of Board of Directors
William S. Fisher Member of Board of Directors
11(b). Name(s) and position(s) of all officers and partners
Arthur L. Peck President Gap North America
Colin Funnell Executive Vice President, Global Supply Chain
Eva Marie Sage-Gavin Executive Vice President, Global Human Resources
Glenn K. Murphy Chairman and Chief Executive Officer
John T. Keiser Executive Vice President and Chief Information Officer
John Tom Wyatt President Old Navy
Michelle Anne Banks Executive Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer
Sabrina Louise Simmons Executive Vice President and Chief Financial Officer
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
John Joseph Fisher Shareholder
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
- Provide the applied-for gTLD string. If an IDN, provide the U-label.
GAP
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.
- 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.
Gap Inc. foresees no know rendering issues in connection with the proposed .GAP string which it is seeking to apply for as a gTLD. This answer is based upon consultation with Gap Inc.’s preferred backend provider, Neustar, which has successful launched a number of new gTLDs over the last decade. In reaching this determination, the following data points were analyzed:
- ICANN’s Security Stability Advisory Committee (SSAC) entitled Alternative TLD Name Systems and Roots: Conflict, Control and Consequences (SAC009);
- IAB - RFC3696 “Application Techniques for Checking and Transformation of Names”
- Known software issues which Neustar has encountered during the last decade launching new gTLDs;
- Character type and length;
- ICANN supplemental notes to Question 16; and
- ICANN’s presentation during its Costa Rica regional meeting on TLD Universal Acceptance.
- (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.
18.1 Mission and Purpose of .GAP
The Gap, Inc. (“Gap Inc.”) is a leading global retailer serving the needs of consumers around the world through its five brands – Gap, Banana Republic, Old Navy, Athleta, and Piperlime. Gap Inc. has 134,000 employees and stores or franchises in 31 different countries. Gap Inc.’s products are available for purchase online to consumers in over 90 countries, and Gap Inc. content is accessible in the .COM gTLD and the .CA, .CN, .EU, and .JP ccTLDs.
Through a unified corporate approach, Gap Inc. intends to submit five gTLD applications for the strings .GAP, .BANANAREPUBLIC, .OLDNAVY, .ATHLETA, and .PIPERLIME, collectively the Gap Inc. Family of gTLDs.
In 2011, Interbrand ranked the Gap brand as one of the top 100 brands in the world, with an estimated value of $4 billion. The preservation of this brand is of paramount importance to Gap Inc. in all aspects of its operations, including and especially on the Internet. Operating the brand as a gTLD is expected to be an important part of its digital strategy in the future.
Gap Inc. will be analyzing and evaluating other .BRAND gTLD applications as well as general market adoption to determine short- and long-term potential best-in-class use case options to most effectively serve and enhance Gap Inc.’s online strategy as a leading global retailer with operations in the following segments:
RETAIL STORES: Founded in 1969, Gap stores offer an extensive selection of classically styled, high quality, casual apparel at moderate price points. Products range from wardrobe basics such as denim, khakis, and T-shirts, to fashion apparel, accessories, and personal care products for men and women. In 1986, Gap brand entered the children’s apparel market with the introduction of GapKids, and established BabyGap in 1989. These stores offer casual apparel and accessories in the tradition of Gap style and quality for children ages newborn through pre-teen. Gap brand also offers maternity apparel. In 1998, Gap brand launched GapBody, offering women’s underwear, sleepwear, loungewear, and sports and active apparel. Gap brand operates stores in the United States, Canada, the United Kingdom, France, Ireland, Japan, China and Italy.
OUTLET STORES: Gap Inc. also operates Gap Outlet stores, which carry similar products at lower price points.
GAP ONLINE: In 1997, Gap Inc. introduced Gap Online, an online store found at Gap.com. Gap Online offers products comparable to those carried in the Gap, GapKids, BabyGap, and GapBody stores, as well as extended sizes not found in stores. Customers in Canada can shop online at GapCanada.ca, customers in the United Kingdom and select European countries can shop online at Gap.eu, customers in China can shop online at Gap.cn, and customers in select international countries can shop online at Gap.com.
The intended future mission and purpose of the .GAP gTLD is to serve as a trusted, hierarchical, and intuitive namespace provided by Gap Inc., its subsidiaries, partners and affiliates, for Gap brand customers and other consumers. Gap Inc. will be the entity to file this application and bring the .GAP gTLD to market.
Although ICANN has not specifically recognized a .BRAND gTLD specification in the current round, it is widely anticipated in the brand community that this will become a specialty subset of gTLDs. .GAP is intended to be one of those .BRAND gTLDs, with the goal of protecting Gap Inc.’s online presence and identity, expanding its marketing and promotion efforts, providing a secure channel for online products and services, and offering a platform through which to consolidate many of the intellectual property activities of Gap Inc.
Gap Inc. intends to initially limit registration and use of domain names within the .GAP gTLD to Gap Inc., its subsidiaries and qualified affiliates and strategic partners. This initial limited use will allow Gap Inc. to establish its operations and achieve full sustainability. After year three, Gap Inc. will evaluate whether opportunities exist to carry out the business strategy for the gTLD through expansion that continues the sustainable operations of the registry through fee-based registrations to parties other than Gap Inc., its subsidiaries, affiliates, and partners.
Gap Inc. currently plans a four-stage rollout for Gap Inc.’s gTLD(s):
- Stage One
During the initial stage of implementation of the gTLD, Gap Inc. will register a limited number of .GAP second-level domain names. Gap Inc. will also perform testing to ensure seamless and secure access, interoperability with various software and Web-based applications, and unbroken and secure use of all names. This initial allocation will also allow the appropriate Gap Inc. staff to coordinate with the internal and external resources responsible for the application, delegation and setup phases of the .GAP gTLD to ensure a proper transition from delegation to full operation. Finally, Gap Inc. will develop its internal domain name strategy and begin allocating and using .GAP domain names for internal corporate use.
- Stage Two
In the next stage, Gap Inc. will continue to allocate domain names in .GAP for more widespread internal corporate use and will begin evaluating strategies to migrate external Web traffic away from its current patchwork network of second-level domain names, which are registered in a variety of TLDs, to the Gap Inc. Family of gTLDs.
Gap Inc. will also evaluate expanding the operations of the gTLD to permit domain name registration by third parties such as licensees or other strategic partners. If approved, such expansion is expected to take place during Stage Three and would be conditioned upon a review of Specification 9 (Registry Code of Conduct) set forth in the Registry Agreement with ICANN to ensure compliance with Gap Inc.’s business model.
- Stage Three
During the third stage, based upon the evaluation undertaken in Stage Two, Gap Inc. anticipates beginning to migrate Internet traffic away from the TLDs in which Gap Inc.’s domain names are currently registered, and toward the new Gap Inc. Family of gTLDs. It is in this stage that Gap Inc. also plans to extend registration rights to licensees and other strategic partners, as noted above.
Based on the company’s analysis of its existing domain name portfolio and its planned use strategy, coupled with the fact that it will have full control over the number of registrations in the .GAP gTLD namespace, Gap Inc.’s business plan contemplates domain name registrations totaling well under 10,000 in the first five years of the .GAP gTLD’s operation.
- Stage Four
Based on its experience to date, including any expansion implemented in Stage Three, Gap Inc. will assess whether to further extend registration rights to a broader class of licensees, such as affiliates and customers of Gap Inc. It is anticipated that changes to the domain name industry, and particularly the full impact of .BRAND gTLDs, will take at least five years to come to fruition. Any decision to expand the .GAP gTLD beyond internal, licensee, and strategic partner use will take into account this industry experience as well as the strategic, operational, financial, and technical implications of expansion.
The potential use of the .GAP gTLD by these or other business segments will also be driven by Gap Inc.’s future business strategies as identified in its annual report and investor filings, see http:⁄⁄www.gapinc.com⁄content⁄gapinc⁄html⁄investors⁄fin_information.html.
Utilizing current projections based upon Gap Inc.’s existing businesses, future business plans, current domain name portfolio, and other strategic factors, Gap Inc. estimates second-level domain name registrations to be in line with the projections set forth in the financial template provided in the answer to Question 46 of this application.
18(b). How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
18.2 How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
Gap Inc. believes that a proposed .GAP gTLD has the potential to offer the following benefits to Internet users and consumers:
-Establish a trusted source of information and an online marketplace for the millions of consumers who purchase goods and services from Gap, for investors and third parties seeking information, and for the general Internet user population;
-Provide Gap Inc., its partners, and affiliates with short and memorable Internet addresses; provide increased navigation to products, services, advertising campaigns, public interest content, public awareness initiatives, etc.;
-Minimize the cost and need for defensive registrations because domain names will only be allocated by Gap Inc. within the .GAP gTLD to Gap Inc. and verified partners⁄affiliates; and
-Develop a potential platform for the secure access to, and purchase and distribution of Gap brand products and information to consumers, in order to minimize the potential for counterfeit or infringing goods and services.
Also, through the adoption of new gTLDs by the wider Internet user community, consumers may benefit from a lower incidence of phishing and malware often associated with mistypes of domain names in the .COM space that are owned by cybersquatters, since consumers will be navigating to domain names in the .GAP gTLD.
Currently, Gap Inc. operates a number of company websites using a combination of second-level and top-level domain names. A representative sampling of Gap Inc. websites that incorporate geographical identifiers into the domain name include:
-GapNewYork.com
-GapNYC.com
-GapSanFrancisco.com
-GapBoston.com
-GapCanada.com
-GapStore.ca
-Gap.cn
-GapStore.eu
-Gap.eu
Gap Inc. believes that a .GAP gTLD can provide an online single-source identifying function for its current and future customers around the world, instead of the mix-and-match approach currently required for expansion into different global markets.
18.2.1 What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?
The primary mission and purpose of the .GAP gTLD is to provide a trusted, hierarchical, and intuitive online marketplace to deliver Gap brand retail content, information about business and focus, and other goods and services. As Gap Inc. continues to expand, the company will continue to pursue and develop opportunities to market and distribute its online content and products to consumers, in the U.S. and internationally, and on various platforms, including the Internet and mobile devices. Given that customers increasingly demand access to Gap Inc. brands through a variety of channels, which include domain names and the address bar, Gap Inc. believes that a .GAP gTLD has the potential to provide an innovative, virtual avenue to Gap brand products that will deepen and broaden its relationship with consumers.
Most importantly, Gap Inc. will be able to provide access to its products and online content in a namespace void of piracy, cybersquatting and other malicious activities. Providing consumers with a trusted experience is paramount to Gap Inc., and a .GAP gTLD will be used to further that goal.
While retail companies such as Gap Inc. must constantly fight to protect their valuable intellectual property from piracy on the Internet, a .GAP gTLD potentially offers consumers a safe and intuitive means of accessing authorized content from Gap Inc. and its affiliates.
Gap Inc. is supportive of existing anti-cybersquatting legislation and consumer protection measures, including the U.S. Anti-Cybersquatting Consumer Protection Act (ACPA) and others. As Gap Inc. invests in expanding the domain name space through the establishment of a .GAP gTLD, it will also actively prevent cybersquatting, fraud, phishing, and other malicious activities within the .GAP gTLD. Maintaining the highest standards within the .GAP gTLD will give Gap Inc. the opportunity to take a proactive approach to protecting intellectual property rights and fostering a safer online experience for all Internet users.
18.2.2 What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?
As a branded gTLD, the primary driving factors of a .GAP gTLD are differentiation and innovation. The success of the gTLD will be measured not by the number of domain names registered, but rather by the level of consumer recognition and trust that is placed in the .GAP gTLD. Using this benchmark, Gap Inc. will strive to build consumer recognition and trust through usage of the .GAP gTLD that rise to the level found in the .EDU and .GOV gTLDs.
As noted above, Gap Inc. is a leading global retail company that leverages numerous distribution channels and emerging technologies to deliver its online content and consumer goods to customers internationally. A .GAP gTLD has the potential to serve as a cornerstone of this online strategy.
18.2.3 What goals does your proposed gTLD have in terms of user experience?
Gap Inc. believes that the .GAP gTLD will provide a single trusted ecosystem experience for the millions of consumers worldwide who purchase the company’s products, as well as those who seek information about Gap Inc., including investors and members of the press. Consumers will know that domains and content on .GAP are owned and controlled by Gap Inc. and are thus more likely to be protected from infringing, pirated, or harmful content.
The initial use of the .GAP gTLD will involve a limited number of second-level domain names. This initial use will provide Gap Inc. the ability to ensure seamless and secure access to the Gap website and interoperability with various software and Web⁄mobile-based applications. Once appropriate security and stability issues have been satisfactorily addressed, Gap Inc. expects to begin allocating domain names for internal corporate use and may redirect new .GAP domain names to pre-existing content. This phased rollout will likely take place over a multi-year period, subject to change depending upon a range of external factors.
At the same time, Gap Inc. will evaluate potential strategies to migrate traffic away from the current network of second-level domains registered in various gTLDs, to the .GAP gTLD, which offers the potential to provide customers with a single, trusted online source for Gap brand products and services.
After consideration of the following factors: analysis of Gap Inc.’s existing domain name portfolio; internal analysis of marketing initiatives; and the fact that Gap Inc. will have full control over the number of registrations in the .GAP gTLD namespace, Gap Inc. reasonably assumes that the number of domain name registrations will be less than 10,000 in the first five years of operation.
18.2.4 Provide a complete description of the applicant’s intended registration policies in support of the goals listed above.
Gap Inc. currently intends for the .GAP gTLD to be used exclusively by Gap Inc. and its partners⁄affiliates. Because of this condition, and because the Gap mark is a valuable brand, the protection of which is paramount to the company, Gap Inc. intends to address registration and use requirements in its partner⁄affiliate agreements, rather than in a domain name registration agreement.
Gap Inc. will, of course, 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 that each partner⁄affiliate will execute.
18.2.5 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.
As a global retail company, Gap Inc. respects the privacy of its customers and other consumers. The company employs a variety of physical, electronic, contractual, and managerial safeguards to protect personal and confidential information in its stores and on its websites. Gap Inc. will take similar precautions to protect registrant and user data associated with the .GAP gTLD. Furthermore, given that every domain name will be registered to Gap Inc. or a partner⁄affiliate, Gap Inc. has a vested interest in ensuring that accurate and current registrant information is readily available in connection with each .GAP domain name.
Gap Inc. will ensure that the operation of the .GAP will be consistent with Gap Inc.’s Privacy Policy, available on its website at http:⁄⁄www.gap.com⁄.
In addition, Gap Inc. intends to include contractual provisions to protect confidential and personal data in its registrar agreement, including provisions modeled after language in the template Registry Agreement that has been successfully utilized by existing ICANN gTLD Registry Operators. The template Registry Agreement states, “Registry Operator shall (i) notify each ICANN-accredited registrar that is a party to the registry-registrar agreement for the TLD of the purposes for which data about any identified or identifiable natural person (‘Personal Data’) submitted to Registry Operator by such registrar is collected and used under this Agreement or otherwise and the intended recipients (or categories of recipients) of such Personal Data, and (ii) require such registrar to obtain the consent of each registrant in the TLD for such collection and use of Personal Data. Registry Operator shall take reasonable steps to protect Personal Data collected from such registrar from loss, misuse, unauthorized disclosure, alteration or destruction. Registry Operator shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars.ʺ
18.2.6 Describe whether and in what ways outreach and communications will help to achieve your projected benefits.
Gap Inc. sees the potential for the .GAP gTLD to play a large role in the company’s future online strategy. While the extent of likely benefits is currently uncertain due to questions of consumer recognition, the adoption of new gTLDs, and the response from search engines in the marketplace, all of which will influence the communication and usage strategies for the gTLD, Gap Inc. anticipates a phased-in approach to using and promoting the .GAP gTLD.
As a first step, Gap Inc. plans to start using .GAP domains initially as redirects to existing .COM domains. Subsequently, Gap Inc. expects to initiate a targeted rollout using select gTLD domains as primary addresses and, after careful analysis and study of this rollout, Gap Inc. may engage in a broader initiative, should the results be satisfactory and in accordance with the company’s overall strategic goals. The actual usage of .GAP domain names will dictate what public communications and consumer outreach is conducted to encourage navigation to the .GAP gTLD, including advertising, media outreach, in-store communications, email campaigns, etc.
18(c). What operating rules will you adopt to eliminate or minimize social costs?
18.3.1 What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)?
Gap Inc.’s proposed operating rules to limit registration to Gap Inc. and its affiliates will provide a trusted online environment for consumers to access Gap Inc.’s online content, and by default will minimize social costs. This verified ecosystem provides consumers with a single trusted source for Gap brand products and information with a substantially lower risk of fraud and⁄or scams.Gap Inc. does not anticipate consumer vulnerabilities. In addition, there is no need for other trademark and brand owners to defensively register second-level domains in the gTLD. In fact, the expectation is that the usage of a .GAP gTLD will eliminate some of the vulnerabilities that Gap brand customers face in the wider Internet today.
18.3.2 What other steps will you take to minimize negative consequences⁄costs imposed upon consumers?
Gap Inc. believes that the proposed operation of the .GAP gTLD as set forth in this application has no known negative consequences or cost implications to consumers. On the contrary, the proposed operation of this registry will likely lead to direct benefits to consumers.
18.3.3 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
Gap Inc. does not envision multiple applicants for the same domain name, as domain names will be allocated only to Gap Inc. and its partners⁄affiliates in accordance with Gap Inc.’s business strategy.
18.3.4 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).
Gap Inc. does not envision any pricing, introductory discounts, or bulk registration discounts because these marketing⁄commercial initiatives are inconsistent with the mission and purpose of the .GAP gTLD as a trusted online source identifier. Moreover, it is the current intention of Gap Inc. to provide domain name registrations to itself and its partners⁄affiliates at no cost, though the company reserves the right to re-evaluate this decision and may choose to impose a nominal fee in the future.
18.3.5 Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plans.
Gap Inc. is committed to providing the domain name registration periods set forth in the Registry Agreement. However, as noted above, as a branded gTLD, the registration and use of the domain name by a third party will be conditioned upon a separate partnership⁄affiliate relationship with Gap Inc. Therefore, 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 business model envisions Gap Inc. providing domain name registrations to itself and its partners⁄affiliates at no cost.