.netflix New gTLD Application
Click to view Chinese translation articles.
-----------------------------------
New gTLD Application Submitted to ICANN by: Netflix, Inc.
String: netflix
Originally Posted: 13 June 2012
Application ID: 1-1333-56033
Applicant Information
- Full legal name
Netflix, Inc.
- Address of the principal place of business
100 Winchester Circle
Los Gatos CA 95032
US
- Phone number
+1 408 540 3700
- Fax number
+1 408 540 2852
- If applicable, website or URL
http:⁄⁄www.netflix.com
Primary Contact
6(a). Name
Thomas Joseph Angioletti
6(b). Title
Associate General Counsel
6(c). Address
6(d). Phone Number
+1 408 540-3700
6(e). Fax Number
+1 408 540-2852
6(f). Email Address
Secondary Contact
7(a). Name
David Alan Hyman
7(b). Title
General Counsel
7(c). Address
7(d). Phone Number
+1 408 540 3782
7(e). Fax Number
+1 408 540 2852
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Corporation
8(b). State the specific national or other jursidiction that defines the type of entity identified in 8(a).
Delaware, U.S.A., according to the General Corporation Law of the State of Delaware
see Del. Code Ann. tit. 8, 101 et seq., available at http:⁄⁄delcode.delaware.gov⁄title8⁄c001⁄index.shtml).
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.
NASDAQ;NFLX
9(b). If the applying entity is a subsidiary, provide the parent company.
N⁄A
9(c). If the applying entity is a joint venture, list all joint venture partners.
N⁄A
Applicant Background
11(a). Name(s) and position(s) of all directors
Albert George Battle Board of Director
Ann Mather Board of Director
Charles Henry Giancarlo Board of Director
Jay Crandall Hoag Board of Director
Leslie Jean Kilgore Board of Director
Richard Newcomb Barton Board of Director
Timothy Michael Haley Board of Director
Wilmot Reed Hastings, Jr. Chairman of the Board
11(b). Name(s) and position(s) of all officers and partners
David Alan Hyman General Counsel & Secretary
David Bowling Wells Chief Financial Officer
Jessica Teitz Becker Chief Marketing Officer
Jonathan Samson Friedland Chief Communications Officer
Neil Duncan Hunt Chief Product Officer
Patricia Jean McCord Chief Talent Officer
Theodore Anthony Sarandos, Jr. Chief Content Officer
Wilmot Reed Hastings, Jr. Chief Financial Officer
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
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.
netflix
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.
The .netflix string and A-Label were developed in line with and checked against the eligibility, stability and policy criteria as stated in the ICANN Applicant Guidebook - version 2012-01-11. The results of those checks are as follows:
- The string has less than 63 characters;
- The string in ASCII is composed of three or more visually distinct characters;
- The ASCII label consists entirely of letters;
- The string is not a reserved name as shown in section 2.2.1.2.1 - Reserved Names of the ICANN Applicant Guidebook - version 2012-01-11; and
- .netflix is not identical or similar to any of the top 10 invalid TLD’s responsible for the majority of DNS pollution, as referenced in the Security and Stability Advisory Committee (SSAC)’s report on this topic at http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄sac045.pdf. It is likely that the .netflix has not already been queried with meaningful frequency at the root. Therefore, it is unlikely that .netflix will inherit significant invalid query traffic.
Due to the positive results of these checks, Netflix, Inc does not believe that the .netflix gTLD will be subject to any operational or rendering problems.
- (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 MISSION AND PURPOSE OF THE NEW RESTRICTED .NETFLIX IS TO BENEFIT INTERNET USERS BY ENSURING INCREASED TRUST, CONVENIENCE AND UTILITY.
The content of this Answer to Question 18 set forth below which describes the plans for Netflix’s registry constitutes the “purpose” of the registry as that term is used in paragraph 1.b. of Specification 9 of the Draft New gTLD Registry Agreement found in Module 5 of the Applicant Guidebook dated January 11, 2012 (“the Purpose”). Netflix will publish its Charter and its policies, guidelines, and other supporting documentation related to the implementation of the registry consistent with the Purpose, all prior to launch. All second level domain names registered by Netflix on behalf of itself or an affiliate will be registered through an ICANN-accredited registrar and will be consistent with the Purpose.
The .netflix registry will be a standard registry open only to Applicant and its affiliates or authorized business partners. For the avoidance of a doubt, the registry will be closed to registrants who do not have a formal, written trademark license agreement from Applicant specifically allowing the registration of a second level domain name in the .netflix registry (the “Required License”). The .netflix registry will not be a community-based registry and there will be no market for second level registrations outside of registrants which are affiliated with Applicant and⁄or which have the Required License.
The new .netflix gTLD will operate as a restricted registry, in which Netflix, Inc (“Netflix” or “Applicant”) can create and control domain names within .netflix that promote the identity and authenticity of its brand. In this regard, .netflix will be used by Netflix to distribute information, services and resources to its customers, as well as to create improved marketing and communications opportunities. The .netflix gTLD will provide an authoritative internet space for Netflix and its NETFLIX brand wholly-owned affiliates and partners having the Required License. Domain names under .netflix gTLD will be utilized by Netflix to engage customers on specific product categories, movies and TV shows, or specific devices to promote trust and convenience with internet users assured of brand authenticity.
With more than 23 million streaming members in the United States, Canada, Latin America, the United Kingdom and Ireland, Netflix, Inc. [Nasdaq: NFLX] is the worldʹs leading internet subscription service for enjoying movies and TV series. Netflix is the owner of a global portfolio of NETFLIX trademarks, including by way of example, U.S. Reg. No. 2552950 having a registration date of March 26, 2002 and a priority date of December 30, 1997.
Netflix seeks innovative ways to provide entertainment and educational content to the global internet community and improve the customer experience. The .netflix gTLD will offer a brand-specific and tailored customer experience that reflects Netflix’s emphasis on continuous innovation and increased customer trust.
Since the inception of the current domain name system, business activities conducted on the internet are constantly changing and evolving with increased complexity. The volume of commercial transactions over the internet is constantly growing and bringing benefits of simplicity and lowered transaction costs to businesses and consumers. However, at the same time, criminal activities over the internet including data breach, hacking and phishing activities have also become more sophisticated resulting in loss of consumer confidence beyond mere monetary harm. The .netflix gTLD may facilitate greater trust and assurance from internet users connecting with Netflix online, while also allowing a more convenient and efficient interaction.
Netflix’s mission and purpose of the proposed new gTLD share ICANN’s stated initiatives to promote the public interest. Netflix is committed to contribute toward achieving such initiatives in line with ICANN’s Affirmation of Commitments, which includes:
- consumer trust: the .netflix gTLD registry will be operated in a centralized manner with a restrictive registration policy consistent with its Purpose. Registration of domain names will only be available to Netflix, its affiliate entities, or select business partners having the Required License, which will provide added consumer confidence that .netflix domain names are trustworthy. As .netflix domain names are subject to strict registration standards, policies and procedures under Netflix’s control, this eliminates the possibility of malicious conduct within the .netflix domain space;
- competition: The marketplace in which Netflix competes with its rivals is fast moving and innovative. Netflix hopes that a .netflix gTLD, which is consistent with its NETFLIX brand, will help it compete by serving as the authoritative namespace for .netflix goods and services.
- consumer choice: the proposed new gTLD will enable user-driven improvements and innovations assisting Netflix’s marketing efforts through the capability to create new second and third level domain names on demand. These new names will provide consumers with more choices for interacting with Netflix. As Netflix has effective control over the registration and use of domain names under the .netflix domain space, this will also contribute toward general service innovations on the internet.
Given the restricted nature of the .netflix gTLD, the projected number of registrations is likely to be limited. It is anticipated that a more limited number of domain names (50-100) will be registered in the first year. Netflix plans to develop and strengthen its online strategy for .netflix including specialized marketing and communications in order to provide strong customer service and personalized customer experience. As such, the number of registrations is likely to increase to about 200 to 500 domain names in the following few years. Netflix will keep ICANN reasonably informed of any material developments relating to the .netflix gTLD, including compliance with the continued operations instrument obligations as set out in Specification 8 of the Registry Agreement.
Netflix will be able to create relevant domain names for use including product or service names in the second or third level domain. In accordance with registration policies and the proposed measures for protection of geographic names as outlined in response to Question 22, Netflix will use geographic names to localize websites in countries and regions where Netflix currently operates. The use of geographic names is intended to:
- connect Netflix customers and internet users with relevant content as applicable to the territory; and
- comply with required rules and regulations in the respective national territory.
Initially, Netflix will not utilize Internationalized Domain Names (“IDNs”) at the second level. As the Netflix brand reaches a wider range of languages and territories, Netflix will consider adding IDNs to its domain portfolio at a later stage. Doing so will allow internet users to engage with .netflix in their native language, creating a more positive and relevant user experience and encouraging diversity. As the use of the .netflix gTLD evolves, it is anticipated that the use of IDNs, including additional languages, will increase within the .netflix domain space.
18(b). How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
The key goals of the proposed new .netflix gTLD are in line with ICANN’s Affirmation of Commitments: to promote consumer trust, competition and consumer choice, all of which are in the global public interest. Netflix also seeks to foster its online reputation and provide an authoritative internet space through which Netflix is able to engage its customers more directly and more effectively. The ability to create domain names on demand related to specific marketing, specialty service and product development supports these goals. Strengthened security measures, service levels and effective functionality will provide a trusted and positive user experience.
18(b)ii. WHAT DO YOU ANTICIPATE YOUR PROPOSED GTLD WILL ADD TO THE CURRENT SPACE, IN TERMS OF COMPETITION, DIFFERENTIATION, OR INNOVATION?
It is anticipated that the proposed .netflix gTLD will make positive contributions to the wider internet community by providing:
DIFFERENTIATION (INCREASED TRUST):
The .netflix gTLD will simplify how internet users interact with Netflix by providing a distinctive domain space. Internet users will be able to directly navigate to .netflix gTLD site, saving time and resources searching for an official site pertinent to the local market. The current domain name system has shown that it is vulnerable to malicious abuses due to registration of domain names that seek to exploit consumer confusion. Netflix can address some of these limitations by maintaining complete control over the domain names registered under the .netflix domain space, assuring customers of the authenticity of the Netflix domain and providing uniformity of the Netflix brand. Together with consumer trust, internet users will be able to rely on the authoritativeness of the domain names under .netflix domain space, which will differentiate interaction between internet users and Netflix.
COMPETITION:
The use of the .netflix gTLD together with the NETFLIX brand will differentiate the Netflix service as a trusted and preferred site for a globally known entity like Netflix. This will enable Netflix to compete more effectively in an extremely fast-paced and innovative industry by providing a more authoritative and secure site for its members and the internet community globally.
INNOVATION:
With the expansion of the internet-connected population, the existing TLD structure presents limitations. One great limitation is the ability of unaffiliated third parties to hold the NETFLIX mark, or confusingly similar names in the second level domains. The use of .netflix gTLD will be innovative by removing security risk and alleviating consumer confusion caused by such domain squatting. Another existing limitation is the unavailability (or prohibitive expense in the secondary market) of desired second level names. .netflix gTLD will open the ability to create , on demand, desired relevant second or third level domain names, including the use of geographic names and IDNs. These names will only be dictated by their relevancy to services⁄products, and not by constraints in availability or pricing. This will promote and contribute to more clear internet navigation for internet users in general.
18(b)iii. WHAT GOALS DOES YOUR PROPOSED GTLD HAVE IN TERMS OF USER EXPERIENCE?
The proposed .netflix gTLD will provide a positive user experience, which meets the changing and growing needs of the global internet community. Netflix will maintain control in the registration and use of domain names and will ensure that the new gTLD will only be used for purposes authorized by Netflix. Therefore, .netflix gTLD will:
- represent authenticity thus promoting user confidence;
- enhance security and minimize security risks by implementing necessary technical and policy measures;
- provide an easy and intuitive reference and access point for internet users;
- direct internet users to relevant information in a timely manner by creating domain names on demand;
- use IDNs to enable customer to interact directly in their native language;
- use geographic names to localize its websites to connect with internet users in the relevant regions and to comply with local laws, subject to relevant GAC advice and ICANN’s implementation of an approved program to allow registration of national names;
- strengthen brand reputation and user confidence by reducing user confusion caused by infringing second level registrations; and
- prevent potential abuses in the registration process reducing overall costs to businesses and users.
.netflix will address the broadly existing concerns that the current domain name system is open to potential malicious abuse and user confusion in the registration processes. Although the current system allows an eligible party to lodge a claim through existing processes, the .netflix gTLD will reduce potential abuses in the registration processes and overall costs to internet users. User confidence in the domain name system will be strengthened, which will ultimately contribute towards promoting ICANN’s core values in benefiting the global public interest.
18(b)iv. PROVIDE A COMPLETE DESCRIPTION OF THE APPLICANTʹS INTENDED REGISTRATION POLICIES IN SUPPORT OF THE GOALS LISTED ABOVE.
The proposed registration policy is attached in response to Question 28.
Only wholly-owned affiliate entities of Netflix or select business partners having the Required License will be eligible to register domain names in .netflix. The domain name registration processes will address the requirements mandated by ICANN, including rights abuse prevention measures.
18(b)v. 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.
Netflix is committed to protection of privacy and confidential information in accordance with applicable laws, regulations and industry standards relating to internet security, and the protection of privacy and personal information. These include, but are not limited to: Section 5 of the Federal Trade Commission (FTC) Act, as interpreted by the FTC in its enforcement actions and written guidelines, interpretations, or self-regulatory principles, including, without limitation, its Self-Regulatory Principles for Online Behavioral Advertising and its privacy framework for protecting consumers (preliminary report entitled “Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Business and Policymakers”), the Children’s Online Privacy Protection Act (“COPPA”) and the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CANSPAM”) in the US; the European Directives 95⁄46⁄EC and 2002⁄58⁄EC (as implemented by Luxembourg) in Europe; PIPEDA in Canada; the Federal Law for the Protection of Personal Data in Possession of Private Persons (Personal Data Protection Law) in Mexico, and applicable constitutional protections established in Brazil.
As the .netflix gTLD will only be available to wholly-owned affiliate entities of Netflix and select business partners having the Required License, only limited personal data will be collected for the purposes of operating the gTLD. Such limited personal data will be of the sort commonly available in WHOIS records.
Netflix will deploy DNSSEC and will comply with all other policies and practices required by ICANN in the Registry Agreement and any relevant Consensus Policy. Netflix already implements measures to protect privacy or confidential information of its users against misuse, loss, alteration and unauthorized access. Such measures include several layers of directive, preventative, detective, and reactive controls protect Netflix sensitive information from a process and technology perspective:
- Business Continuity and Disaster Response plans provide overall guidance to the operations of Netflix infrastructure, including operations resiliency and data backups.
- An Information Security Policy provides guidance regarding IT controls such as mandatory password complexity and expiration periods, anti-virus requirements, log and event monitoring, and the use of VPNs, VLANs, firewalls, and network segmentation based on risk of asset.
- An Incident Response Plan coordinates overall efforts to respond to incidents that may affect the operation of Netflix services or Netflix information.
- A Netflix-managed Network Operations Center is staffed 7x24 to monitor Netflix services and coordinate and respond to incidents or outages.
- Separate policies outline additional controls and processes to protect SOX or PCI significant information. Representative controls include additional physical security; more stringent audit, logging, and monitoring requirements; mandatory encryption for sensitive customer information; and stronger authentication and authorization requirements.
- Sensitive information such as customer payment information and customer email addresses are stored in encrypted databases. Specific controls govern the use and storage of cryptographic key material.
18(b)vi. DESCRIBE WHETHER AND IN WHAT WAYS OUTREACH AND COMMUNICATIONS WILL HELP TO ACHIEVE YOUR PROJECTED BENEFITS.
The .netflix gTLD will be introduced in the ordinary course of Netflix’s public relations efforts and marketing communications. During the initial stage of the operation of the .netflix gTLD, it is anticipated that internet users will be re-directed to current websites. However, over time, it is foreseen that communication to the internet community of the existence of the proposed new gTLD and encouragement to utilize the trusted site will contribute toward minimizing malicious abuses and protecting internet users.
18(c). What operating rules will you adopt to eliminate or minimize social costs?
As a restricted gTLD, registration will only be open to wholly-owned affiliate entities and select business partners having the Required License at this stage. No other third parties will be able to register domain names under .netflix domain space and the right to continue to hold the domain name registration is subject to the Required License remaining in effect.
Therefore, it is not anticipated that third party trademark owners will incur costs in relation to the .netflix gTLD since there is no public market in .netflix domain names and therefore so-called “defensive” registrations are both unnecessary and unavailable. The affiliate and authorized entities wishing to register domain names must comply with all the policy requirements for registration and Applicant will ensure that all such requirements are fully satisfied. Netflix will utilize the services of the proposed Trademark Clearinghouse to ensure that domain names registered and the use of those domain names, do not infringe any registered third party intellectual property rights.
18(c)i. HOW WILL MULTIPLE APPLICATIONS FOR A PARTICULAR DOMAIN NAME BE RESOLVED, FOR EXAMPLE, BY AUCTION OR ON A FIRST-COME⁄FIRST-SERVE BASIS?
The use of the proposed new gTLD will be restricted as set forth above. Therefore, conflicts between multiple applications will not occur.
18(c)ii. EXPLAIN ANY COST BENEFITS FOR REGISTRANTS YOU INTEND TO IMPLEMENT (E.G., ADVANTAGEOUS PRICING, INTRODUCTORY DISCOUNTS, BULK REGISTRATION DISCOUNTS).
This gTLD will be used for the advancement of Netflix’s strategy goals only, so pricing incentives are not applicable or relevant.
18(c)iii. 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 PLAN.
This gTLD will be used for the advancement of Netflix’s goals only, so pricing incentives or pricing increases are not applicable or relevant as no additional fees are to be charged.