.ZARA New gTLD Application

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New gTLD Application Submitted to ICANN by: Industria de Diseño Textil, S.A. (INDITEX, S.A.)

 

Application Downloaded On: 13 Feb 2014

 

String: ZARA

 

Application ID: 1-985-40230

 

Applicant Information

 

  1. Full legal name

Industria de Diseño Textil, S.A. (INDITEX, S.A.)

 

  1. Address of the principal place of business

Avenida de la Diputación,  Edificio Inditex,   Arteixo A Coruña - 15142 ES

 

  1. Phone number

+34981185400

 

  1. Fax number

+34981185454

 

  1. If applicable, website or URL

http://www.inditex.com

 

Primary Contact

 

6(a). Name

Lorna Gradden

 

6(b). Title

Operations Director

 

6(c). Address

 

6(d). Phone Number

+44 20 7421 8250

 

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

Isabel Morugán Gómez

 

7(b). Title

Lawyer, Intellectual Property Department

 

7(c). Address

 

7(d). Phone Number

+34 981 18 54 49

 

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

Corporation

 

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

Spanish

 

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.

BME_Spanish_Exchange / ITX

 

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

N/A - Inditex S.A is 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

Name

Position

Amancio Ortega Gaona Founder of Inditex and member of the board

Carlos Espinosa de los Monteros Bernaldo de Quirós Deputy Chairman

Emilio Saracho Rodríguez de Torres Director (Member of the Board)

Flora Pérez Marcote Representing Gartler, S.L.

Francisco Luzón López Director (Member of the Board)

Irene R. Miller Director (Member of the Board)

Juan Manuel Urgoiti López de Ocańa Director (Member of the Board)

Nils Smedegaard Andersen Director (Member of the Board)

Pablo Isla Álvarez de Tejera Chairman

 

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

Name

Position

Antonio Gerardo Abril Abadín Secretary of the Board

Ignacio Fernández Chief Financial Officer

Pablo Isla Álvarez de Tejera CEO

 

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

Name

Position

Flora Pérez Marcote Representing Gartler, S.L.

 

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.

ZARA

 

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.

 

 

  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.

 

Inditex anticipates the introduction of this TLD without operational or rendering problems. Based on a decade of experience launching and operating new TLDs, Afilias, the back-end provider of registry services for this TLD, 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;

- The existing secure, stable and reliable Afilias SRS, DNS, WHOIS and 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/).

 

 

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

 

Describe the Mission⁄purpose of your gTLD

 

Inditex is a group with a global footprint, present in over 80 countries, incorporating eight different chains. The Inditex group is growing exponentially, having boosted its strategy on the five continents in the year 2011-12. At the 2011 financial year end, Inditex’s net sales were €13.8 billion, creating a net income of €1.9 billion.

 

The Inditex group is split into eight main brands: Zara, Pull & Bear, Massimo Dutti, Bershka, Stradivarius, Oysho, Zara Home, Uterqüe, and its stores are located in first-class commercial locations.

Inditex’s online presence is also growing, with the group undertaking a clear commitment to developing its corporate web page and social networks. In 2007, it launched an online Zara Home store and in 2010 an online Zara store, with Massimo Dutti, Bershka, Oysho and Stradivarius following suit in 2011. Inditex plans to follow this up with the launch of Zara online sales in China in the Autumn Winter season of 2012. This online presence has been strengthened by the 15 million admirers that the eight chains have accumulated on social networks making Inditex one of the most watched companies on the internet. Inditex is applying for a new gTLD registry for the character string .Zara. Zara is the group’s most prominent brand, with a sales contribution of 64.8% of the total sales generated in 2011. It is an internationally recognisable brand having inaugurated stores in Australia, South Africa, Taiwan, Azerbaijan and Peru in the 2011 financial year, contributing to a total of 5,527 stores in 82 markets at the financial year end.

 

The Mission of the .Zara registry can therefore be described as:

 

To protect the integrity of the world famous Zara brand in the domain name system whilst at the same time enhancing secure internet communication between members of the Inditex Group and customers, partners, shareholders and industry commentators.

 

The purpose of the .Zara registry, which will be a Standard Registry as opposed to a Community-based Registry, is:

 

  • To ensure that the integrity of the Zara brand is maintained: Inditex has a portfolio of registered intellectual property rights around the world for the character string Zara. Securing the term Zara in the domain name system is an extension of current brand protection policies.
  • To offer a stable and secure platform for electronic communication that is within the direct control of Inditex.
  • To keep Inditex at the forefront of internet technological development: although Inditex will only be using best-practice DNS configuration and functionality for the foreseeable future, the company will be monitoring the development of new technologies and wishes to be in a position to exploit them, if appropriate, as they emerge.

 

The success of the .Zara registry will not be determined by the number of domains created or income generated by registrations as there will not, at least initially, be,  a market in Zara domains. The success of the .Zara registry will be judged by the security and stability it brings to Inditex’s communications and the enhancement it provides to the equity that rests in the Zara brand.

 

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

 

How do you expect that your proposed gTLD will benefit registrants, internet users and others?

 

We anticipate that domains in the Zara registry will, at least initially, only be allocated to members of the Inditex group of companies. However, the TLD will benefit Inditex’s global workforce for whom a new gTLD will be a statement of innovation and brand reinforcement, as well as providing the peace of mind derived from a more secure communication channel.

 

We hope that internet users will regard a .Zara domain as a sign of authenticity which can be trusted. As the supply and distribution of .Zara domains will be strictly controlled, it is hoped that they will be recognised as signposts to authorised content and information where genuine goods and services can be found.

 

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

 

Inditex prides itself on the integrity of the Zara brand and this will extend to its new gTLD, .Zara, the goal for which will be to protect and enhance the reputation of Zara in the internet.

In terms of service levels, the .Zara registry will be run to the highest-levels of professionalism as befits a leader in retailing, including on-line retailing.

 

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

 

Inditex wishes to lessen its dependency upon third party domain registries to support continued effective internet communication. The .Zara registry will be managed by Inditex to standards we set, designed to enhance stability and risk reduction.

 

Currently there are no gTLD registries dedicated to brand owners. We look forward to being amongst the first to apply, thus differentiating ourselves from other corporations in the retail industry who may delay.

 

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

 

We plan for the .Zara registry to be closed to all but eligible, validated Inditex representatives. However, we hope that our customers and all those who assist us to do business will recognise the efforts that we are making to ensure that they can communicate securely with us across the internet, whatever device they are using.

 

Provide a complete description of the applicants intended registration policies in support of the goals above

 

The .Zara registry is a Dot Brand single entity registry established by, and for the use of, the members of the Inditex group of companies and its wholly owned subsidiaries. The Inditex Domain Management Policy defines the rules associated with eligibility, acceptable use, the allocation of domains and dispute resolution. This policy is intended to be updated and revised regularly to reflect Inditex’s commercial and strategic interests and, where appropriate, ICANN consensus policies. The Inditex Domain Name Management team will be responsible for the development of policy.

Registration of a .Zara domain name is undertaken in four steps: Eligibility Confirmation, Naming Convention check, Acceptable Use review, and Registration.

Each Registrant must be recognised as a bona fide member of the Inditex Group of companies, an employee or subsidiary. An eligibility check will be undertaken. Domains in the .Zara registry cannot be assigned to third parties except with the approval of the Inditex Domain Name Management team.

At any time, the Inditex Domain Name Management team may revoke a domain in the .Zara registry if that is in the best commercial or strategic interests of the Group.

All domains in the .Zara registry will remain the property of Inditex.

Checks will be undertaken to ensure that applied for character strings conform to a set of .Zara Naming Conventions which will be defined to reflect ICANN’s consensus policies.

 

Each applied for A –label character string must:

  • Be at least 1 characters and no more than 63 characters long
  • Not contain a hyphen on the 3rd and 4th position (except for IDNs)
  • Contain only letters (a-z), numbers (0-9) and hyphens or a combination of these
  • Start and end with an alphanumeric character, not a hyphen
  • Not match any character strings reserved by ICANN
  • Be checked against the Trademark Clearinghouse
  • Not match any protected country names or territory names identified in the internationally recognized lists set forth in Specification 5 to the ICANN New gTLD Agreement, unless Inditex reaches agreement regarding release of such names with the applicable government or pursuant to a proposal reviewed by the ICANN Governmental Advisory Committee and approved by ICANN.

 

 

Internationalized domain names (IDN) may be supported in the .Zara registry at the second level.

.Zara domains may not be used in a way which knowingly infringes any third party intellectual property rights.

A .Zara registration must be an acceptable term that will not give rise to any moral or public order questions or in any way damage the strategic or commercial interests or reputation of Inditex.

Rights in .Zara domains may not be assigned to external organizations, institutions, or individuals.

All .Zara domains will be pointed to either an agreed webpage or the main Inditex home page or the home page of the .Zara gTLD registry.

All .Zara domains will carry accurate and up to date registration records. If there is no special requirement for a whois record to carry unique information, all .Zara registrations will feature a template registration record to be created by the Inditex Domain Name Management team.

 

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

 

As the .Zara registry will be incorporated in Spain, all data will be processed in conformity with the European Union’s Data Protection regulations and any other applicable data protection requirements. As a leading on-line retailer, we are experienced at processing sensitive financial and personal data.

 

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

 

The .Zara registry will be a Standard registry, designed to heighten awareness of Zara and Inditex. Outreach and communication will be undertaken to ensure that .Zara domains are used in accordance with Inditex’s objectives. For example, guidelines will be produced and published on the Inditex intranet defining who can apply for a .Zara domain and how it can be used.

To assist internet users beyond Inditex to understand that .Zara domains are genuine and can be trusted as signposts to authentic information or services, we intend to create a home page for the registry with clear messaging and an enquiry form.

 

 

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?

 

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)?

 

The .Zara registry will be a standard registry closed to third parties, at least initially for use only by authorised representatives of Inditex.  One benefit the internet community will derive from the introduction of .brand registries where domains are used solely for purposes approved by the brand owner is that social costs are minimised and possibly even eliminated. We do not expect that our registry will have any negative economic impact on internet users.   It is  at least initially not intended that .Zara domains will be made available to anyone outside Inditex.

 

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

 

At least initially, we do not plan to sell .Zara domains.  The .Zara registry is being designed to promote Zara and to protect the IP that Inditex has in this name. We have no plans to sell .Zara domains.  We don’t expect there will ever be multiple applications for the same term so there is no need for resolution.   Eligibility will be controlled very strictly.

 

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

 

We plan to register all .Zara domain names to Inditex.  At least initially, there will not be a market in .Zara domains so there is no need to devise for cost benefits.

 

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 10 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?

 

The Inditex Domain Name Management Team will set the period of registration for .Zara domains.  We will comply with Section 2.10 of the Registry Agreement but we will not otherwise make contractual commitments relating to price escalation because at least initially, we  do not expect to sell domains in the .Zara registry.

 

Before launching this TLD, Inditex will develop and publish its policies and guidelines, setting out full details of how the registry will implement its vision and purpose as set out in this answer. Inditex may adapt its policies and proposed use of the gTLD, in a manner consistent with the Purpose, to reflect changes in its business and the adoption of new gTLDs by the community.