.MLB New gTLD Application
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New gTLD Application Submitted to ICANN by: MLB Advanced Media DH, LLC
String: MLB
Originally Posted: 13 June 2012
Application ID: 1-1246-40551
Applicant Information
- Full legal name
MLB Advanced Media DH, LLC
- Address of the principal place of business
75 Ninth Avenue
New York New York 10011
US
- Phone number
+1 212 485 3444
- Fax number
+1 212 485 8111
- If applicable, website or URL
Primary Contact
6(a). Name
Joshua Bourne
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
Michael J. Mellis
7(b). Title
President
7(c). Address
7(d). Phone Number
+1 212 485 3452
7(e). Fax Number
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Limited Liability Company
8(b). State the specific national or other jursidiction that defines the type of entity identified in 8(a).
USA
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.
MLB Advanced Media, L.P.
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
11(b). Name(s) and position(s) of all officers and partners
Edward Weber, Jr. Vice President and Treasurer
Michael J. Mellis President
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
MLB Advanced Media, L.P. 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
- Provide the applied-for gTLD string. If an IDN, provide the U-label.
MLB
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.
MLB Advanced Media DH, LLC (“MLBAM DH”) foresees no known rendering issues in connection with the proposed .MLB gTLD for which it is applying. This answer is based upon consultation with MLBAM DH’s selected back-end provider, Neustar, Inc. (“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.
- (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 .MLB
Major League Baseball (“MLB”) is the oldest professional sports league in the United States and consists of 30 member clubs in the United States and Canada (the “MLB Clubs”) representing the highest level of professional baseball. This application pertains to the use of Major League Baseball’s famous, distinctive and registered MLB trademark as the following gTLD: .MLB.
Applicant MLB Advanced Media DH, LLC (“MLBAM DH”) is a wholly-owned subsidiary of MLB Advanced Media, L.P. (“MLBAM”). MLBAM, which is indirectly owned by the MLB Clubs, is the Internet and interactive media company of MLB. MLBAM is the exclusive Internet and interactive media licensee of the MLB Clubs, which are entities that comprise MLB, as well as other related entities including, but not limited to the Office of the Commissioner of Baseball, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc. and Major League Baseball International (collectively, the “MLB Entities”).
Through MLBAM, MLB has developed a highly successful, diverse and innovative Internet and interactive media business. For over a decade, MLBAM has managed the Official Site of Major League Baseball (MLB.com), the official site of each MLB Club (e.g., the Official Site of the St. Louis Cardinals (cardinals.com)), and numerous additional sites related to MLB (e.g., the Official Site of the World Series (worldseries.com)), to create the most comprehensive and popular MLB resource on the Internet. Among the many features MLBAM offers via the Internet and interactive media are up-to-the-moment game statistics and summaries, extensive historical information, online ticket sales, baseball merchandise, authenticated memorabilia and collectibles, fantasy games, live and archived radio broadcasts of games, live and archived video webcasts of games, and pitch-by-pitch enactment of games. As an illustration of the popularity and success of MLB on the Internet, in 2011 alone, MLB.com-branded services received more than two billion visitors and distributed more than 15 billion minutes of multimedia.
Further, through MLBAM, MLB is a widely recognized innovator in the area of Internet content distribution. MLB.com’s first live game webcast occurred in 2002, an innovation to better serve MLB fans in the pioneering tradition of the first radio broadcast of a game in 1921 and the first television broadcast in 1939. Today, MLBAM’s MLB.TV live video subscription service is the most successful and comprehensive of its kind, distributing thousands of games each season to a global audience of MLB fans on personal computers and wireless devices.
To provide another example of MLB’s tradition of Internet innovation, in 2008, through MLBAM, MLB was among the first to launch an Apple iPhone app (MLB.com At Bat). The MLB.com At Bat apps for wireless devices have consistently been among the most popular and highest grossing of their kind. Through MLBAM, MLB’s history as an innovative, popular and trusted Internet content distributor and ecommerce provider is additional context for this application.
The missions and purposes of the .MLB gTLD are to: (1) serve as a trusted, hierarchical, and intuitive namespace for MLB fans and Internet users in general; (2) protect MLB’s online presence, identity, brand and intellectual property and related rights; and (3) potentially advance other objectives including the following: expanding MLB-related online advertising, marketing and promotional efforts; providing a new secure channel for the online sale and distribution of MLB-related information, content, products and services; and offering a platform through which to provide a single-source identifying function for MLB-related information, content, goods and services, bearing in mind that at the present time, MLBAM uses a number of MLB-related domain names that incorporate geographical identifiers.
MLBAM DH currently envisions a three-stage rollout for the .MLB gTLD:
- Stage 1
The initial stage of implementation of the gTLD will involve MLBAM DH registering a limited number of .MLB second-level domain names. This initial use will provide MLBAM DH’s information technology and security personnel the opportunity to conduct tests to ensure seamless and secure access using the .MLB gTLD domain names.
- Stage 2
Once all testing has been successfully completed, MLBAM DH will begin allocating domain names for use by MLBAM, on its own behalf, and on behalf of the MLB Entities. During this same period of time, MLBAM DH, in coordination with MLBAM, will begin evaluating strategies to potentially migrate traffic from existing MLB-related Internet and interactive media properties to the .MLB gTLD.
- Stage 3
In Stage 3, MLBAM will evaluate a potential expansion of the registration and use of the .MLB domain names by third parties with a separate, qualifying commercial or charitable agreement with an MLB Entity. Such third parties may include, but are not limited to media rightsholders, licensees, sponsors, strategic partners, sanctioned charities (“Qualified Entities”). Such potential expansion would be subject to a proper feasibility analysis to ensure that there are no potential impacts on the security and stability of the .MLB gTLD.
The potential use of the .MLB gTLD by Qualified Entities or other business or charitable segments will be determined primarily by MLBAM’s future business strategies. Using current projections based upon MLBAMʹs existing businesses, future business plans, current domain name portfolio, and other strategic factors, MLBAM DH estimates that second-level domain name registrations will be consistent 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?
MLBAM DH expects that the proposed .MLB gTLD will benefit registrants, Internet users and others in numerous ways, including by serving as a trusted, hierarchical and intuitive namespace for MLB fans and Internet users in general. As described above, millions use MLBAM’s online sites and services for many purposes, including to access and enjoy MLB-related content, and purchase merchandise and tickets.
In addition, the .MLB gTLD will help protect MLB’s online presence and identity. By serving as a trusted source identifier that will provide a new, secure channel for the distribution of MLB-related goods, services and content, the .MLB gTLD will benefit MLB fans and Internet users in general. It will help them to navigate to MLBAM’s official and trusted online sites and services, and away from unauthorized, rogue online sites and services that falsely and intentionally portray themselves as sanctioned by MLB. At such rogue online sites and services Internet users are vulnerable to illegal and harmful activities including, but not limited to credit card and identity theft, distribution of malware, phishing, cybersquatting, counterfeiting and content piracy.
In addition, when MLBAM DH allocates domain names for use by MLBAM, on its own behalf, and on behalf of the MLB Entities, and potentially to Qualified Entities, each will benefit from short, memorable, intuitive and trusted Internet addresses and increased ability to present MLB-related information, content, goods and services to MLB fans and Internet users in general, while minimizing the cost and need for defensive registrations.
In addition, MLBAM DH expects that the proposed .MLB gTLD will benefit MLB fans and Internet users in general by providing a single-source identifying function for MLB-related content, goods and services, bearing in mind that at the present time, MLBAM uses a number of MLB-related top-level domain names that incorporate geographical identifiers. A representative sampling of MLBAM’s sites and services that can be accessed by Internet users through domain names with geographical identifiers include:
MLB.us
MLB.am
MLB.mx
WorldSeries.us
MLBTV.de
MLBMexico.com.mx
MLBKorea.com
MLBCanada.com
Detroit.Tigers.MLB.com
Athletics.cn
BlueJays.ws
Cardinals.fm
DetroitTigers.cn
Mariners.tv
Mets.es
Dodgers.ch
ClubMLB.tw
MLBShop.me.uk
18.2.1 What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?
A basic mission and purpose of the .MLB gTLD is to serve as a trusted, hierarchical, and intuitive online namespace for MLB fans and Internet users in general. Through this namespace, MLB-related information, content, goods and services will be aggregated and offered. Through MLBAM, MLB is a recognized innovator in Internet content distribution. As relevant technology has evolved, MLBAM has continued to pursue and expand upon new opportunities to distribute content to, and better serve, MLB fans and Internet users in general, on a worldwide basis, on a variety of platforms, including wireless devices. MLBAM DH believes that the .MLB gTLD has the potential to provide an innovative, virtual avenue that will deepen and broaden MLB’s relationship with global online audiences, and further MLB’s reputation as an innovator.
MLBAM will be able to provide access to MLB-related information, content, goods and services in a new, secure and trusted online namespace devoid of illegal and harmful activities, including, but not limited to credit card and identity theft, distribution of malware, phishing, pharming, cybersquatting, counterfeiting and content piracy. Providing consumers with safe, secure and trusted experience is paramount to MLBAM DH and MLBAM.
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 gTLD that embodies the famous and distinctive MLB trademark, driving factors behind the .MLB gTLD are differentiation and innovation.
Through MLBAM, MLB is a widely recognized innovator in the area of Internet content distribution and is recognized for leveraging emerging online technologies to deliver information, content, goods and services to its fans and Internet users in general on an international scale. The .MLB gTLD has the potential to serve as an important feature of the evolution of this online strategy, assuming that the potential benefits of the New gTLD Program are realized.
18.2.3 What goals does your proposed gTLD have in terms of user experience?
MLBAM DH believes that the .MLB gTLD will provide a trusted, hierarchical and intuitive namespace for MLB fans and Internet users in general that want to access MLBAM’s sites and services. In addition to providing consumers with short, memorable, trusted and intuitive domain names and improved user navigation, the .MLB gTLD will create a new, secure and trusted online namespace devoid of illegal and harmful activities, including, but not limited to credit card and identity theft, distribution of malware, phishing, cybersquatting, counterfeiting and content piracy.
18.2.4 Provide a complete description of the applicant’s intended registration policies in support of the goals listed above.
The .MLB gTLD is intended to be exclusively used by MLBAM for itself, the MLB Entities, and potentially Qualified Entities. Because of these conditions precedent, any registration and use requirements are more appropriately vested in corporate⁄affiliate or commercial agreements.
While MLBAM DH is fully supportive of, and committed to, ICANN’s bottom-up, consensus-driven model, the MLB mark is a valuable brand whose protection is of paramount importance; therefore, any registration and use requirements (e.g., trademark quality control provisions) must vest in these other agreements.
MLBAM DH 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.
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 leading interactive media and Internet company, MLBAM is committed to safeguarding the privacy and confidential information of the users of its sites and services. MLBAM employs a variety of physical, electronic, contractual, and managerial safeguards to protect the privacy and confidential information of the users of its sites and services. MLBAM DH will take appropriate precautions to protect private or confidential registrant and user data associated with the .MLB gTLD.
In addition, MLBAM DH 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:
“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.”
18.2.6 Describe whether and in what ways outreach and communications will help to achieve your projected benefits.
MLBAM DH and MLBAM recognize the potential for the .MLB gTLD to serve as a component of the MLB Entities’ future online strategic initiatives; however, there remain a number of unanswered questions concerning consumer recognition and adoption of new gTLDs in the marketplace that first must be fully answered to MLBAM’s satisfaction.
After careful analysis of a targeted rollout using the new .MLB domains, MLBAM DH may plan to engage in a broader, strategic initiative, should the results be positive. The actual usage of .MLB domain names will dictate what public communications and consumer outreach may be done to encourage navigation to the .MLB gTLD. This is not limited to, but may include advertising, media outreach, in-ballpark communications, and email campaigns.
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)?
MLBAM DHʹs proposed operating rules to limit registration to MLBAM, the MLB Entities, and potentially to Qualified Entities, will provide a number of benefits, including serving as a trusted online environment for MLB fans and Internet users in general. Trademark and brand ownersʹ costs will be mitigated, since there will be no need to defensively register second-level domains in .MLB. In addition, this verified namespace will provide consumers with a single, trusted source for MLB-related information, content, goods and services with a substantially lower risk of exposure to phishing, fraud and⁄or other Internet scams, thus reducing the level of consumer vulnerability.
18.3.2 What other steps will you take to minimize negative consequences⁄costs imposed upon consumers?
MLBAM DH believes that the proposed operation of the .MLB 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?
MLBAM DH does not envision multiple applicants for the same domain name, as domain names will only be allocated to MLBAM, on its own behalf and on behalf of the MLB Entities, and potentially to Qualified Entities.
18.3.4 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).
MLBAM DH 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 .MLB gTLD as a trusted online source identifier for MLBAM, the MLB Entities and potentially Qualified Entities. Moreover, it is currently intended to have MLBAM DH provide domain name registrations to MLBAM, on its own behalf and on behalf of the MLB Entities at no cost, though the company reserves the right to reevaluate this decision and may choose to impose a nominal fee in the future. Any potential registrant fees imposed will be made in the future if Qualified Entities are permitted to register domain names in the .MLB gTLD.
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.
MLBAM DH is committed to providing the domain name registration periods set forth in the Registry Agreement. However, as noted above, the registration and use of a .MLB domain name is conditional upon a separate relationship with an MLB Entity.
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 MLBAM DH providing domain name registrations at no cost in at least the first two stages.
MLBAM DH 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, MLBAM, as the sole registrant within the .MLB gTLD, intends to only register domain names on an annual basis through a single registrar. 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).