.ZIPPO New gTLD Application

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New gTLD Application Submitted to ICANN by: Zadco Company

String: ZIPPO

Originally Posted: 13 June 2012

Application ID: 1-1295-79595

 

Applicant Information

 

  1. Full legal name

Zadco Company

 

  1. Address of the principal place of business

33 Barbour Street

Bradford  16701

US

 

  1. Phone number

814 368 2700

 

  1. Fax number

814 363 2597

 

  1. If applicable, website or URL

 

Primary Contact

 

6(a). Name

Joshua Bourne

 

6(b). Title

Managing Partner

 

6(c). Address

 

6(d). Phone Number

202 223 9252

 

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

Kathleen G. Jones

 

7(b). Title

Manager, Retail Marketing

 

7(c). Address

 

7(d). Phone Number

814 368 2725

 

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 jursidiction that defines the type of entity identified in 8(a).

Pennsylvania

 

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.

 

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

Charles J. Duke Director

George B. Duke Director

Gregory W. Booth Director⁄CEO

Howard L. Fesenmyer Director

Richard A. Roupe Director

Richard B. Dorn Director

Sarah B. Dorn Director

 

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

Charles J. Duke Corporate Secretary

George B. Duke Vice President⁄Treasurer

Gregory W. Booth President⁄CEO

Richard A. Roupe Chief Financial Officer

 

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

Zahara, Inc. 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.

ZIPPO

 

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.

Zadco Company foresees no known rendering issues in connection with the proposed .ZIPPO gTLD for which it is applying. This answer is based upon consultation with Zadco Company’s selected back-end provider, Neustar, which has successfully launched a number of new gTLDs over the last decade. In reaching this determination, Neustar analyzed the following data:

 

-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.

 

  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.

Mission and Purpose of .ZIPPO

 

Zippo Manufacturing Company (“Zippo”) is an innovative and renowned manufacturer of durable, diverse, and functional products, serving the needs of global consumers in more than 160 countries. Zippo products are available for purchase online in the United States and around the world. Zippo’s online content is viewable in the .COM, .NET, and .ORG gTLDs, and also in the .EU, .FR, and .RU ccTLDs, among many others. In order to apply for the .ZIPPO gTLD, Zippo has selected its subsidiary company, Zadco Company (“Zadco”), as the entity to file this application and bring the .ZIPPO gTLD to market. Zadco is a wholly owned subsidiary of Zahara, Inc., a wholly owned subsidiary of Zippo.

 

Zippo will be analyzing general market adoption to determine short and long-term potential best-in-class use options to most effectively serve and enhance Zippo’s online strategy.

 

The intended future mission and purpose of the .ZIPPO gTLD is to serve as a trusted and intuitive namespace for the Zippo company and its consumers. However, to date, there has not been enough time or market information available to fully analyze and evaluate all potential use options.

 

Although ICANN has not specifically recognized a .BRAND gTLD specification in the current version of the Applicant Guidebook, it is widely anticipated within the brand-owner community that this will become a specialty subset of gTLDs. The .ZIPPO gTLD is planned as a .BRAND gTLD with the goal of protecting Zippo’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 Zippo.

 

Zadco intends to initially limit registration and use of domain names within the .ZIPPO gTLD to Zippo and its qualified subsidiaries and affiliates, and potentially to distributors and commercial partners. This initial limited use will allow Zadco to establish its operations and achieve full sustainability. This limited distribution, coupled with the other requirements set forth in Specification 9 of the template Registry Agreement, is intended to exempt Zadco from its annual Code of Conduct Compliance requirements.

 

After Stage Two (see below), Zadco and Zippo will evaluate whether opportunities exist to carry out the business strategy for the gTLD through expansion that continues the registry’s sustainable operations through fee-based registrations to parties other than Zippo and its qualified subsidiaries and affiliates.

 

Zadco currently plans a four-stage rollout for the .ZIPPO gTLD:

 

  1. Stage One

The initial stage of implementation of the gTLD will involve Zippo registering a limited number of .ZIPPO second-level domain names.

 

This initial use will provide Zippo’s IT and security personnel the time to run a number of tests to ensure seamless and secure access using the .ZIPPO gTLD domain names, interoperability with various software and Web-based applications, and unbroken and secure use of all names. This initial allocation will also allow the appropriate Zadco staff to coordinate with the internal and external staff responsible for the delegation and setup phases of the .ZIPPO gTLD to ensure a proper transition from delegation to full operation.

 

  1. Stage Two

Once all testing has been successfully completed, Zadco will begin allocating domain names in .ZIPPO to Zippo for more widespread internal corporate use. During this same period of time, Zippo will begin evaluating strategies to potentially migrate traffic away from its current patchwork network of second-level domain names, which are registered in a variety of TLDs, to the .ZIPPO gTLD.

 

It is in Stage Two that Zippo will evaluate expanding the operations of the gTLD to permit registration by other registrants such as licensees or strategic partners. Should an assessment of its expansion strategy lead to a decision to extend registration rights to other parties, this expansion is currently planned to take place during Stage Three. However, any expansion would be conditioned upon a review of the Specification 9 (Registry Code of Conduct) set forth in the template Registry Agreement to ensure compliance with Zadco’s business model.

 

  1. Stage Three

Depending on the analysis of the evaluations undertaken in Stage Two, Zadco may implement the permanent migration of Internet traffic away from the TLDs in which Zippo’s domain names are currently registered, and toward the .ZIPPO gTLD. It is in this stage that Zadco also may implement Zippo’s decision to extend registration rights to licensees or strategic parties, depending upon compliance with Specification 9 as noted above. The dates of such expansion are subject to change depending upon business, strategic, and industry factors at the time.

 

After consideration of the following factors: analysis of Zippo’s existing domain name portfolio; internal analysis of marketing initiatives; and the fact that Zippo will have full control over the number of registrations in the .ZIPPO gTLD namespace, Zadco is confident that the number of domain name registrations will be less than 10,000 in the first five years of operation.

 

  1. Stage Four

Based on its experience with any expansion implemented in Stage 3, Zadco and Zippo will assess whether its business plan and expansion strategy should be augmented by extending registration rights to a broader class of licensees, including potential clients and policyowners of Zippo. It is anticipated by Zippo that changes to the domain name industry, and particularly the impact of .BRAND gTLDs, will take at least five years to be realized and assessed. Any decision to expand the gTLDs beyond corporate, qualified subsidiary⁄affiliate, and licensee use will take into account this experience as well as the technical analysis of potential expansion.

 

Utilizing current projections based upon Zippo’s existing businesses, future business plans, current domain name portfolio, and other strategic factors, Zadco estimates second-level domain name registrations to be in line with the projections set forth in the response 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?

 

Zadco believes that the proposed .ZIPPO gTLD has the potential to offer the following benefits to Internet users and consumers:

 

-Establish a trusted source of information and online marketplace for consumers worldwide who purchase goods through Zippo’s online retail stores; for third parties seeking information; and for the general Internet user population;

 

-Provide Zippo and its affiliates with short and memorable Internet addresses; provide increased navigation to products, services, advertising campaigns, events, public interest content, etc.;

 

-Minimize the cost and need for defensive registrations because domain names will only initially be allocated by Zadco to Zippo and its qualified subsidiaries and affiliates for internal company use; and

 

-Develop a potential platform for the secure access to, purchase of, and distribution of Zippo products and information to consumers, in order to minimize the potential for counterfeit or infringing goods.

 

Also, through the adoption of new gTLDs by the wider Internet user community, consumers may benefit from lower incidents of phishing and malware often associated with mistypes of domain names in the .COM space that are owned by cybersquatters, since they will be navigating to domain names in the .ZIPPO gTLD.

 

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 .ZIPPO gTLD is to provide a trusted and intuitive online marketplace to deliver Zippo retail content and information on Zippo’s business and focus. As Zippo continues to expand, it is the company’s desire to pursue and develop opportunities to market and distribute its online content to consumers, in the U.S. and internationally, on various platforms, including the Internet and mobile devices, among others. Given that customers increasingly request access to Zippo brands through a variety of channels, which include domain names, Zadco believes that the .ZIPPO gTLD has the potential to provide an innovative, virtual avenue to Zippo online content that will deepen and broaden its relationship with consumers.

 

Most importantly, Zippo will be able to provide access to its online content in a namespace devoid of piracy, cybersquatting, and other malicious activities. Providing consumers with a trusted experience is paramount to Zippo and the .ZIPPO gTLD will be used to further that goal.

 

While companies such as Zippo fight a never-ending battle to protect their valuable intellectual property from piracy on the Internet, the .ZIPPO gTLD would offer consumers a safe and intuitive means of accessing authorized content from Zippo and its qualified subsidiaries and affiliates.

 

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 the .ZIPPO gTLD are differentiation and innovation. The number of domain names registered will not measure the success of the gTLD, but rather success will be judged by the levels of consumer recognition and trust that are placed in the .ZIPPO gTLD. Using this benchmark, Zippo will strive to build consumer recognition and trust through the usage of the .ZIPPO gTLD that rise to the levels of those found in the .EDU and .GOV gTLDs.

 

As noted above, Zippo is a leading global manufacturing company that leverages numerous distribution channels and emerging technologies to deliver its online content and consumer goods to its customers internationally. The .ZIPPO gTLD has the potential to augment this online strategy, if the potential benefits that ICANN has projected become a reality.

 

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

 

Zadco believes that the .ZIPPO gTLD will provide a single, trusted ecosystem experience for the millions of consumers worldwide who purchase Zippo’s retail goods, as well as those who seek information that Zippo provides, such as investors and members of the press. In addition to providing consumers with short, memorable, and intuitive domain names, consumers will know that all domains and content are owned and controlled by Zippo, and thus that they are protected from potential infringing, counterfeit, and other harmful content that consumers are plagued with in .COM and other open gTLDs.

 

The initial use of the .ZIPPO gTLD will involve a limited number of second-level domain names. This initial use will provide Zadco with the ability to ensure seamless and secure access to the Zippo websites and interoperability with various software and Web-⁄mobile-based applications. Once appropriate security and stability issues have been satisfactorily addressed, Zadco will likely begin allocating domain names for internal corporate use at Zippo and may redirect .ZIPPO domain names to preexisting 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, Zippo will evaluate potential strategies to migrate traffic away from its current network of second-level domains, which are registered in various TLDs, to the .ZIPPO gTLD, which offers the potential to provide customers with a single, trusted online source for Zippo brand products and services.

 

After consideration of the following factors: analysis of Zippo’s existing domain name portfolio; internal analysis of marketing initiatives; and the fact that Zadco will have full control over the number of registrations in the .ZIPPO gTLD namespace, Zadco 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.

 

Zadco currently intends for the .ZIPPO gTLD to be used exclusively by Zippo and its qualified subsidiaries and affiliates. Because of this condition, and because the Zippo mark is a valuable brand, the protection of which is paramount to Zippo, Zadco intends to address registration and use requirements in the qualified affiliate⁄subsidiary agreements that exist between those qualified affiliates⁄subsidiaries and Zippo, rather than in a domain name registration agreement.

 

Notwithstanding these concerns, Zadco 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 agreements that each qualified subsidiary and affiliate of Zippo 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 manufacturing company, Zippo 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. Zadco will take similar precautions to protect registrant and user data associated with the .ZIPPO gTLD. Furthermore, given that every domain name will initially be registered to Zippo or its qualified subsidiaries and affiliates, Zippo has a vested interest to ensure that accurate and current domain name information is readily available in connection with each .ZIPPO domain name.

 

Zadco will ensure that the operation of the .ZIPPO gTLD will be consistent with Zippo’s Privacy Policy, see http:⁄⁄www.zippo.com⁄privacy.aspx.

 

In addition, Zadco intends to incorporate contractual language in its Registry-Registrar Agreement (RRA) modeled after language that has been included in the template Registry Agreement and 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.

 

As noted above, Zadco’s driving factor in securing the .ZIPPO gTLD in ICANN’s first round is precautionary in nature, and while Zadco and Zippo see the potential for this gTLD to be able to play a large role in Zippo’s future online strategic initiatives, there are a number of unanswered questions concerning consumer recognition, the adoption of new gTLDs, and the response from search engines in the marketplace that will influence the usage of the gTLD and communication about that usage.

 

Notwithstanding this, Zippo plans to start using .ZIPPO domains initially as redirects to existing .COM domains. As the aforementioned questions are answered over time, Zippo may decide to initiate a targeted, pilot rollout using select gTLD domains as primary addresses and, after careful analysis and study of this rollout, Zippo may plan to engage in a broader initiative should the results be satisfactory and in accordance with Zippo’s overall strategic goals, both in the online space and in its retail store operations. The actual usage of .ZIPPO domain names will dictate what public communications and consumer outreach is done to encourage navigation to .ZIPPO domain names. This may include, but is not limited to, 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 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)?

 

Zadco’s proposed operating rules to initially limit registration to Zippo and its qualified affiliates will provide a trusted online environment for consumers to access Zippo’s online content, and by default will minimize social costs. This verified ecosystem provides consumers with a single, trusted source for Zippo retail goods with a substantially lower risk of fraud and⁄or scams. Zadco does not anticipate consumer vulnerabilities. Therefore, one example of how costs are mitigated is that there is no need for other trademark and brand owners to defensively register second-level domains in the .ZIPPO gTLD. In total, Zadco’s expectation is that the usage of the .ZIPPO gTLD will eliminate many of the vulnerabilities that Zippo consumers face in the Internet today.

 

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

 

Zadco believes that the proposed operation of the .ZIPPO 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 and quantifiable benefits to consumers.

 

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

 

Zadco does not envision multiple applicants for the same domain name, as domain names will initially only be allocated to Zippo and its qualified subsidiaries and affiliates, at least for the first three years of operation. Zadco may expand upon the registration depending on evaluations so as to include Zippo partners as potential registrants in the future.

 

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

 

Zadco does not envision any advantageous pricing, introductory discounts, or bulk registration discounts because these marketing⁄commercial initiatives are inconsistent with the mission and purpose of the .ZIPPO gTLD as a trusted online source identifier. Moreover, it is the current intention of Zadco to provide domain name registrations to Zippo and its qualified subsidiaries and affiliates at no cost, though the company reserves the right to reevaluate this decision and may alter it in the future.

 

18.3.4 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.

 

Zadco 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 .ZIPPO domain names are conditioned upon a separate relationship with Zippo. 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 Zadco initially providing domain name registrations to Zippo and its qualified subsidiaries and affiliates at no cost.

 

Zadco acknowledges that the current template Registry Agreement requires that the Registry Operator “shall offer registrars the option to obtain registration periods for one to ten years at the discretion of the registrar.” However, Zippo and its qualified subsidiaries and affiliates, as the sole registrants within the .ZIPPO gTLD will only be registering domain names on an annual basis. This is done to better account for costs on an annual basis as well as to provide for more concise financial statements in Question 46, i.e., no multi-year registration or deferred revenue.