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.SCHWARZ New gTLD Application

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New gTLD Application Submitted to ICANN by: Schwarz Domains und Services GmbH & Co. KG

String: SCHWARZ

Originally Posted: 13 June 2012

Application ID: 1-1123-39254

 

Applicant Information

 

  1. Full legal name

Schwarz Domains und Services GmbH & Co. KG

 

  1. Address of the principal place of business

Stiftsbergstrasse 1

Neckarsulm  74172

DE

 

  1. Phone number

+49 7132 94 299366

 

  1. Fax number

+49 7132 94 2659

 

  1. If applicable, website or URL

 

Primary Contact

 

6(a). Name

Mr. Max Killinger

 

6(b). Title

Director (Geschaeftsfuehrer)

 

6(c). Address

 

6(d). Phone Number

+49 7132 94 299388

 

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. Thomas Treutler

 

7(b). Title

Director (Geschaeftsfuehrer)

 

7(c). Address

 

7(d). Phone Number

+49 7132 94 2568

 

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

GmbH & Co. KG (like a limited liability partnership)

 

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

Germany, HGB (Handelsgesetzbuch)

 

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.

Schwarz Finanz und Beteiligungs GmbH und Co. KG

 

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. Joachim Maier Director (Geschaeftsfuehrer Schwarz Domains und Services Beteiligungs-GmbH)

Markus Bloemer Director (Geschaeftsfuehrer Schwarz Domains und Services Beteiligungs-GmbH)

Max Killinger Director (Geschaeftsfuehrer Schwarz Domains und Services Beteiligungs-GmbH)

Schwarz Domains und Services Beteiligungs-GmbH Director (Komplementaer in Schwarz Finanz und Beteiligungs GmbH und Co. KG)

Thomas Treutler Director (Geschaeftsfuehrer Schwarz Domains und Services Beteiligungs-GmbH)

 

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

Dr. Joachim Maier Director (Geschaeftsfuehrer)

Markus Bloemer Director (Geschaeftsfuehrer)

Max Killinger Director (Geschaeftsfuehrer)

Thomas Treutler Director (Geschaeftsfuehrer)

 

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

Schwarz Finanz und Beteiligungs GmbH und Co. KG 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.

SCHWARZ

 

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.

As is the case with any new TLD that is added to the DNS root zone, some general technical acceptance issues with the delegation of this TLD are expected. The back-end registry services provider selected by the Applicant has a significant experience in introducing new TLD  to the DNS root, including .EU in 2005 and .SX in 2010.

The applied for gTLD string consists only of ASCII characters (no IDN), which significantly reduces the risk of introducing confusion for the general public of character similarity.

Together with its selected back-end registry operator, the Applicant has carried out a series of tests in order to review if the .schwarz TLD  presented any operational or rendering issues. This included the deployment of a testing infrastructure that operated:

1) a SRS (Shared Registration System) for the .schwarz TLD  of which the features have been limited to what was strictly necessary to carry out the tests described below

2) a WHOIS system, displaying domain names registered in the test environment of the .schwarz registry

3) an EPP and web interface for registrars

4) a DNS system, serving authoritative responses for the .schwarz TLD

5) a web server on which different basic websites were deployed

6) an email server with mailboxes linked to various test domain names registered in the TLD  and entered into a limited zone file which was made available through the DNS system referred to above

The following tests have been carried out, by connecting various clients to the infrastructure described above:

1) logging into the .schwarz SRS with a registrar account – using both EPP and Web interfaces

2) perform basic transactions (create, update, delete, transfer, allocate name servers, etc.) with this registrar test account

3) generation of a test-zone file for this TLD

4) navigation to and within websites using both direct navigation to the respective domain names and navigation through hyperlinks displayed on the web sites that were hosted in the testing environment

5) sending FTP requests to and receiving correct responses from FTP environments matched to domain names registered in the .schwarz testing environment

6) sending email messages to and receiving email messages from domain names registered in the TLD’s testing environment

Within each of the above steps, the Applicant and its selected back-end registry operator reviewed:

1) if registrar transactions with respect to these domain names were performed successfully

2) if the zone file was correctly generated and deployed in the DNS of the test environment

3) if domain names registered in the TLD displayed correctly in browser address bars and email clients

4) if email filters, spam detectors, etc. were correctly functioning

Using common web browsers, email and FTP clients, etc., these tests have been carried out successfully. To the Applicant’s best knowledge and belief, no specific issues are to be expected as regards the operation and rendering of the .schwarz gTLD.

 

  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, Schwarz Domains und Services GmbH & Co. KG, is a member of the Schwarz Group of companies, one of the largest retail groups in Europe. The Schwarz Group deploys activities under – amongst others – the KAUFLAND and LIDL brands. The companies in the Schwarz Group serve customers in more than 20 countries where they operate, generating a turnover of more than EUR 60 billion in 2011. They directly or indirectly employ 310.000 employees.

According to the Applicant, the mission and purpose of the .schwarz gTLD  are manifold, as will be further explained below:

1) first and foremost: securing and protecting one of the Schwarz Group’s key brands (“schwarz”) as a gTLD;

2) reflecting one of the Schwarz Group’s most important trading brands, Schwarz, at the top level of the DNS’ hierarchy;

3) providing stakeholders of the Schwarz Group with a recognizable and trusted identifier on the Internet. Such stakeholders include:

  1. a) subsidiaries in various countries;
  2. b) about 10.000 stores;
  3. c) suppliers;
  4. d) affiliate partners;
  5. e) sponsors;
  6. f) prospective and current customers and
  7. g) employees and directors of the Schwarz Group

4) providing stakeholders with a secure and safe Internet environment, under the control of the Applicant, in which they are able to obtain information from and communicate with the Applicant and where they are able to obtain genuine information provided by members of the Schwarz Group.

5) providing a central point of access that is useful and secure where prospective and current customers of the Schwarz Group (in particular prospective and current customers of its retail stores) might utilize services, such as finding information, engage in e-commerce, etc.

 

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

Schwarz Domains und Services GmbH & Co. KG intends to organize the registry operation for .schwarz in such a manner that it will minimize the likelihood of having multiple applications or registration requests for a particular domain name.

According to Schwarz Domains und Services GmbH & Co. KG, this can be achieved in any of the following ways, which likely needs to be further refined following ICANN’s award and delegation of the .schwarz gTLD to Schwarz Domains und Services GmbH & Co. KG:

1) “Schwarz” is one of the Schwarz Group’s distinctive and most recognized brands;

2) From the Applicant’s perspective, .schwarz may bring a high degree of recognition and specialization to the currently existing name space. Where in most cases the specific connotation that has been initially given to gTLDs has disappeared, the .schwarz top-level domain is currently intended to be unambiguous as regards:

  1. a) the identity of Schwarz Domains und Services GmbH & Co. KG as the Registry Operator (in the sense that stakeholders of the Schwarz Group and the users of the applied for gTLD  will be ensured that the applied for gTLD is operated and under the control of a member of the Schwarz Group);
  2. b) the source of the content and services offered under the .schwarz gTLD ;
  3. c) the affiliation between the Registry Operator and the gTLD ; and
  4. d) in term, and at the discretion of Schwarz Domains und Services GmbH & Co. KG, the affiliation between the Registry Operator and any third party that is authorized by Schwarz Domains und Services GmbH & Co. KG to register and⁄or use one or more domain name registrations in the .schwarz gTLD.

SDS is the representative of the various members of the Schwarz Group that are interested in obtaining a TLD reflecting their brand. SDS is acting in its own name, but on behalf and according to the instructions of such members.

 

3) As mentioned in the vision and mission statement above, the key reasons why the Applicant is applying for .schwarz include, but are not limited to:

  1. a) Securing and protecting the “Schwarz” brand as a generic top-level domain;

 

Currently, the trademark right for “Schwarz” is held by a member of the Schwarz Group, namely the Schwarz Finanz- und Beteiligungsgesellschaft mbH & Co. KG. A license agreement will be concluded with the Applicant, Schwarz Domains und Services GmbH & Co. KG, in order to enable the Applicant to perform its main purpose: preventing third parties from securing a gTLD  that is identical to the Schwarz Group’s highly distinctive and reputable brand “Schwarz”.

  1. b) Marketing and branding: reflecting the Schwarz Group’s key brand “Schwarz” at the top-level of the DNS’ hierarchy;
  2. c) Safety and security; and
  3. d) Implementing measures – in the near or distant future – to mitigate counterfeiting and piracy.

 

4) The Applicant intends to implement the following policies and procedures with respect to the registration of domain names in the .schwarz top-level domain:

 

  1. a) reservation and registration of domain names in the name members of the Schwarz Group. It is likely that this will be the scenario that Schwarz Domains und Services GmbH & Co. KG will put in place during the first months or even years of operation of the .schwarz gTLD .

 

These names may include, but are not limited to:

  1. descriptive names, referring to the actual day-to-day business activities of members of the Schwarz Group;
  2. descriptive names, referring to the internal departments of members of the Schwarz Group and its subsidiaries;
  3. descriptive names, referring to the subsidiaries, affiliates and⁄or joint ventures of members of the Schwarz Group.
  4. potentially also names relating to other stakeholders of the Schwarz Group, to be determined by Schwarz Domains und Services GmbH & Co. KG following ICANN’s award and delegation of the .schwarz gTLD  to Schwarz Domains und Services GmbH & Co. KG; and
  5. private label products of members of the Schwarz Group.
  6. b) launch of the TLD : if and when implemented by the Registry Operator, this is likely going to be a gradual process, whereby selected third parties that meet certain criteria, which Schwarz Domains und Services GmbH & Co. KG will be entitled to set at its own discretion, may register domain names in the .schwarz gTLD . These processes may include the following:
  7. Sunrise: allow physical persons, organizations and entities that meet the eligibility requirements determined by Schwarz Domains und Services GmbH & Co. KG at that point in time to choose and, where allowed by Schwarz Domains und Services GmbH & Co. KG, to register the domain names that are identical to their trademarks; and
  8. Land rush and general availability: other available domain names may be registered by physical persons, organizations and entities that meet the eligibility requirements in force at that point in time to choose the domain names in accordance with the applicable terms and conditions.

Depending on the terms and conditions in force at the time of launch of the gTLD , these domain names may or may not be registered in the name of the applicant for the domain name or in the name of the Registry Operator of the gTLD (i.e., Schwarz Domains und Services GmbH & Co. KG). In any case, Schwarz Domains und Services GmbH & Co. KG reserves the right to impose additional and other restrictions from time to time at its sole discretion.

5) Given the fact that the Applicant is a company that is established in Germany, it is subject to European and national privacy and data protection rules and practices. In particular, given the fact that the German data protection authorities have issued strict guidelines, Schwarz Domains und Services GmbH & Co. KG will at all times be obliged to carefully consider and, where applicable, implement these policies, and this prior to and during the operation of the .schwarz gTLD.

 

6) The Applicant is a corporation that has been established specifically for applying and managing the .schwarz TLD together with other brand-TLDs that are relevant to the Schwarz Group.

 

At this stage, Schwarz Domains und Services GmbH & Co. KG has not developed concrete and tangible plans in order to move its online activities from its generic and country code domain name registrations and many other active domain names used by members of the Schwarz Group. Considering that the gTLD refers to a key brand of the Schwarz Group, creating awareness of the new online environment under the applied for gTLD will – at least initially – likely be restricted to .schwarz. With respect to .schwarz,  the Applicant has different ways to make existing and future customers, visitors and stakeholders aware of the (gradual) development of a new online environment under the .schwarz TLD, including but not limited to:

  1. a) Direct and indirect marketing and branding initiatives;
  2. b) Brochures and advertisements in newspapers, magazines, etc.;
  3. c) Internet advertising campaigns, including paid search, pay-per-click advertising, etc.;
  4. d) Having Internet traffic to domain names of members of the Schwarz Group resolving into domain names registered in the .schwarz gTLD, which builds awareness with Internet users that the .schwarz gTLD exists; and
  5. e) Email marketing campaigns.

 

 

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

In line with Schwarz Domains und Services GmbH & Co. KG’s mission and purpose for the .schwarz gTLD , it is first and foremost important for Schwarz Domains und Services GmbH & Co. KG to safeguard and protect the “Schwarz” trademark at the top level of the DNS’ hierarchy. Such protection does not only extend to the actual registration, delegation and use of the gTLD , but also to the domain names that are registered therein, and how these domain names are used.

Considering the fact that the actual award and delegation of the .schwarz gTLD  to Schwarz Domains und Services GmbH & Co. KG is subject to the successful evaluation of our application, we have not yet defined in detail:

1) the types of domain names that will be registered;

2) who will be entitled to select which domain names will be registered;

3) who will be entitled to register such domain names;

4) who will be entitled to use such domain names; and

5) which types of use will be allowed or recommended.

As we believe that the development and implementation of one or more business cases could likely take a couple of months or even years, we have only focused on a number of high-level characteristics of our plans in relation to the operation of the .schwarz gTLD .

By all means, it is in Schwarz Domains und Services GmbH & Co. KG’s vested interest to, on the one hand, make the most of this initiative, promote its own business interests, and mitigate risks for the “Schwarz” brand and its reputation, whilst also reducing the (social) costs for others.

In this context, we will devise policies that encompass and comprise the following features:

At least during the initial months or even years following the delegation of the .schwarz gTLD  to Schwarz Domains und Services GmbH & Co. KG, these extensions are likely going to be a so-called “single registrant TLD” as contemplated by ICANN in Article 4.5 of the template Registry Operator Agreement (“Transition of Registry upon Termination of Agreement”). For the avoidance of doubt, a “single registrant TLD” is a TLD where “(i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for its own exclusive use, and (ii) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator.”

Therefore, parties who are not Schwarz Domains und Services GmbH & Co. KG or – insofar and to the extent Schwarz Domains und Services GmbH & Co. KG deems appropriate – or another member of the Schwarz Group will not be entitled to register domain names in the .schwarz gTLD .

Schwarz Domains und Services GmbH & Co. KG believes this to be in line with two of the main elements in its vision and mission statement, namely:

1) Protecting and safeguarding the “Schwarz” brand and its reputation, by keeping full control over the entire operation of the .schwarz registries and every domain name registered therein; and

2) Guaranteeing to Schwarz Domains und Services GmbH & Co. KG’s key stakeholders who are accessing the information provided by Schwarz Domains und Services GmbH & Co. KG on behalf of any member of the Schwarz Group by using domain name registrations in .schwarz that they are in fact interacting with the brand owner.

Consequently, there will be no (social) costs for non-eligible (third) parties, given the fact that they will be unable to register domain names in the .schwarz gTLD  in the first place.

However, even if only Schwarz Domains und Services GmbH & Co. KG (and, as the case may be, members of the Schwarz Group) will be entitled to register domain names, this does not exclude the hypothesis that disputes may arise with one or more third parties as regards domain names that are registered in the .schwarz gTLD .

In order to avoid these risks, Schwarz Domains und Services GmbH & Co. KG intends to implement the following policies and processes:

First, the domain names to be registered by Schwarz Domains und Services GmbH & Co. KG will likely relate to the following:

1) registered trademarks belonging to a member of the Schwarz Group;

2) names of members of the Schwarz Group

3) names of departments within the Schwarz Group.

Furthermore, Schwarz Domains und Services GmbH & Co. KG envisages registering a fair number of generic words that are directly or indirectly related to the day-to-day business activities and operations of the Schwarz Group.

Prior to effectively registering such domain names in the .schwarz gTLD , Schwarz Domains und Services GmbH & Co. KG will require the legal and intellectual property department of the Schwarz Group or of the legal and intellectual property department of any member of the Schwarz Group, to review the list of these domain names on a regular basis in order to satisfy itself that they will not infringe the rights of third parties.

In any case, Schwarz Domains und Services GmbH & Co. KG will claim to have a legitimate interest in these domain names, as they are merely descriptive of the activities, products or services of any member of the Schwarz Group. So even if one or more of these domain names would be protected by a registered trademark, held by a third party, it is likely that a claim under the Uniform Dispute Resolution Policy or Uniform Rapid Suspension policy will fail.

As regards the names referred to in Specification 5 to the template Registry Operator Agreement, Schwarz Domains und Services GmbH & Co. KG will follow the processes and procedures established by ICANN and the Governmental Advisory Committee.

If Schwarz Domains und Services GmbH & Co. KG would determine, at its sole discretion, that it will gradually allow certain categories of stakeholders to register domain names in the .schwarz gTLD  in their own name, Schwarz Domains und Services GmbH & Co. KG will devise policies to that effect.

However, Schwarz Domains und Services GmbH & Co. KG will at all times be entitled to restrict, limit or expand:

1) the category or categories of stakeholders who will be entitled to register one or more domain names in the .schwarz gTLD , including their criteria for qualification;

2) the choice of domain name(s) registered in the .schwarz gTLD  by and per such eligible stakeholder (category);

3) the use made by a stakeholder of a domain name registered in the .schwarz gTLD ; and

4) the transfer of domain names registered in .schwarz.

Schwarz Domains und Services GmbH & Co. KG shall reserve the right to subject the registration or use of a domain name to internal approval processes and procedures, at each and every step of the domain name life cycle.

Given the fact that Schwarz Domains und Services GmbH & Co. KG may release such available domain names post launch in a highly controlled manner, this also reduces the likelihood that two or more applicants qualify for the registration of the same domain name in the .schwarz top-level domains.

As a method of last resort, and subject to the actual domain name registration policy adopted by the Registry Operator and in force at the time of registration, domain names will be allocated on a first-come, first-served basis.

In any event, Schwarz Domains und Services GmbH & Co. KG reserves the right to change or restrict any policies, procedures and practices at any point in time if it is of the opinion that there would be a risk that the reputation of the “Schwarz” brand would be damaged.

The Applicant intends to make the .schwarz top-level domain available to qualifying domain name registrants at no cost to them.  If the Applicant ⁄ Registry Operator would be required to charge a fee for the registration of domain names under the .schwarz gTLD , the fee will be set at a cost-recovery or arm’s length basis with a mark-up, to be determined at that time by the Registry.

If Schwarz Domains und Services GmbH & Co. KG will be required to or would decide to increase the fees for the registration of domain names, such increases will keep pace with the cost-recovery or arm’s length character referred to above.