.nico New gTLD Application

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New gTLD Application Submitted to ICANN by: DWANGO Co., Ltd.

 

Application Downloaded On: 22 Aug 2014

 

String: nico

 

Application ID: 1-1805-20663

 

Applicant Information

 

  1. Full legal name

DWANGO Co., Ltd.

 

  1. Address of the principal place of business

KABUKIZA TOWER., 4-12-15 Ginza Chuo-ku, Tokyo - 104-0061 JP

 

  1. Phone number

+81-3-3549-6300

 

  1. Fax number

+81-3-3549-6393

 

  1. If applicable, website or URL

http://info.dwango.co.jp/

 

Primary Contact

 

6(a). Name

Yasuhiko Fujisaka

 

6(b). Title

Department Manager

 

6(c). Address

 

6(d). Phone Number

+81-3-3549-6330

 

6(e). Fax Number

+81-3-3549-6393

 

6(f). Email Address

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Secondary Contact

 

7(a). Name

Masahide Yuyama

 

7(b). Title

Department Manager

 

7(c). Address

 

7(d). Phone Number

+81-3-3549-6306

 

7(e). Fax Number

+81-3-3549-6393

 

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).

JAPAN

 

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.

Tokyo_Stock_Exchange / 3715

 

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

Name

Position

Hiroshi Kobayashi Director

Iwao Aso Director

Koji Hoshino Director

Nobuo Kawakami Chairman

Takashi Araki President

Takeshi Natsuno Director

Tatsuo Sato Director

 

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

Name

Position

Daisuke Yokosawa Corporate Officer

James Spahn Corporate Officer

Nobuo Kawakami Chairman

Takashi Araki President

Toyoki Ohta Corporate Officer

Yoshiro Kataoka Corporate Officer

Yukihisa Kawakage Corporate Officer

Yuriya Komatsu Corporate Officer

 

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

Name

Position

Nobuo Kawakami Chairman

 

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.

nico

 

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.

 

The .nico 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

- .nico is not identical or similar to any of the top 10 invalid TLDʹs responsible for the majority of DNS pollution, as referenced in the Security and Stability Advisory Committee (SSAC)ʹs report on this topic at http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄sac045.pdf. It is likely that the .nico has not already been queried with meaningful frequency at the root. Therefore, it is unlikely that .nico will inherit significant invalid query traffic.

 

Due to the positive results of these checks, DWANGO Co., Ltd. does not believe that the .nico gTLD will be subject to any operational or rendering problems.

 

  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.

 

The mission and purpose of the new restricted .nico gTLD is to benefit internet users by ensuring increased trust, security, convenience and utility.

 

The .nico gTLD will create a new generation gTLD serving the interests of end users by providing an authoritative Internet space where information, communication services and resources of ʺNicoʺ portal services will be closely controlled by DWANGO Co., Ltd.(Dwango). The majority of the anticipated domain name registrations in the .nico gTLD will be used in the promotion and communication of the Nico brand and various internet services that are offered via the ʺNicoʺ brand. A subset of domain names has the potential to be created and used to build a greater communication society, a network culture and for marketing purposes, with internet users assured of brand authenticity.

 

Dwango was established in 1997 as a technology services company, with its headquarters in Tokyo, Japan. Dwango is principally involved in delivering an array of online entertainment services such as  games, electronic books, video on demand services, ʺNico Nico Liveʺ and ʺNico Nico Dougaʺ. Also Dwango is engaged in providing planning, developing, managing and consulting services in relation to developing network entertainment contents as a portal business operator. Dwango operates through various subsidiaries such as(but not limited to) T&E Soft Inc.(game business), Dwango Mobile(production of contents for mobile phones) and Niwango Inc.(manages Nico Nico Douga, a popular video sharing website in Japan, where users can upload, view and share video clips). Unique to Nico Nico Douga is that comments are overlaid directly onto the video, synced to a specific playback time. This allows comments to respond directly to events occurring in the video, in sync with the viewer, creating a sense of a shared watching experience. The .nico gTLD is intended to represent the Nico Nico Douga and the other Nico Nico services offered by Dwango. ʺNico Nicoʺ is the Japanese ideophone, a sound symbolizing smiley face. Nico Nico Douga has over 25 million registered users, including 1.49 million premium users and 7.11 million mobile members. Nico Nico Douga has an average of 7.63 million users per month with an average viewing time of 101.4 minutes per day for each user. Nico Nico Douga is the thirteenth most visited website in Japan, won the Japanese Good Design Award in 2007 and an Honorary Mention of the Digital Communities category at Prix Ars Electronica 2008. Dwango has over 900 employees with an annual turnover of 10.6 billion Yen, net sales of 9,131 million Yen and a net income of 335 million Yen(at the end of December 2011). Dwango is also listed on the Tokyo Stock Exchange. Dwango strives to create a network culture by providing new means to access its entertainment services through engaging new technologies unique to Dwango thus enhancing originality and increased interaction amongst users. In this regard, consumer trust and continuous innovation are paramount considerations in all its activities.

 

Business activities are increasingly conducted over the internet, allowing for greater levels of interaction between businesses and customers. As a result, both businesses and end users benefit from ease of interaction and a wider range of choices with lower transaction costs. However, the development in this arena in the current domain name system has exposed both businesses and consumers to increased criminal activities over the internet, including data breach, hacking and phishing. These sophisticated criminal activities cause reputational damage to businesses as internet users lose consumer confidence and trust with the businesses targeted by such criminal activities. The .nico gTLD will facilitate greater trust and assurance from internet users connecting with Dwango online, free from false impersonation of third parties, whilst still allowing convenient and efficient interaction.

 

Dwangoʹs mission and purpose of the proposed new gTLD share ICANNʹs initiatives to promote public interest. Dwango is committed to contribute towards achieving such initiatives in line with ICANNʹs Affirmation of Commitments, which includes:

-consumer trust: the .nico gTLD registry will be operated in a centralized manner with a restrictive registration policy. Registration of domain names will only be available to Dwango, at this stage, which will provide added consumer trust that .nico domain names are trustworthy, safe and credible. As .nico domain names are subject to registration standards, policies and procedures under Dwangoʹs control, this eliminates the possibility of malicious conduct within the .nico domain space;

-competition: the proposed new gTLD is not intended to instigate competition and consumer choice at the level of registration of domain names among prospective registrants. Instead it is anticipated to contribute to ICANNʹs initiatives to promote public interest through its operation focused on promoting consumer trust and a sense of security. Increased trust in the .nico gTLD, free from false impersonation by third parties, will drive existing and new TLD registry operators to make improvements in mechanisms to improve consumer trust of their TLDs; and

-consumer choice: the proposed new gTLD will enable user-driven improvements and innovations assisting Dwangoʹs marketing efforts through its ability to create new second and third level domain names on demand. These names will provide the consumers with more choices for interacting with Dwango, allowing Dwango to provide better support to internet users who access .nico gTLD. As Dwango has effective control over the registration and use of domain names under .nico domain space, this will also contribute towards general service innovations on the internet.

 

Given the restricted nature of the .nico gTLD, the projected number of registration is likely to be limited. It is anticipated that a more limited number of domain names(around 40) will be registered in the first year. However, over the next few years, the number of registrations is likely to increase to about 150 domain names as Dwango develops and implements new services and marketing campaigns.

As the new .nico gTLD expands and evolves, Dwango may consider offering the use of second level domain names to its resellers and partners, with whom they have a business alliance, at a later date. In this endeavor, Dwango will continue to comply with all operational, technical and policy requirements, as well as maintaining consumer trust and the stability of the internet. Dwango will keep ICANN reasonably informed of any material developments relating to .nico gTLD including compliance with the continued operations instrument obligations as set out in Specification 8 of the Registry Agreement.

Dwango will also utilize Internationalized Domain Names(IDNs) at the second level in Japanese The use of IDNs will allow internet users to engage with .nico in their native language, creating a more positive user experience and encouraging diversity. As the use of the .nico gTLD evolves, it is anticipated that the use of IDNs, including additional languages, will increase within the .nico domain space.

 

Dwango is a well-recognized Japanese internet portal business operator with its trademarks for ʺNicoʺ registered in Japan(through its subsidiary entity niwango. inc,) for the following categories: classes 38(telecommunications), 41(education, providing of training, entertainment activities) and 42(scientific and technological services and research and design relating thereto, design and development of computer hardware and software).

Further, Dwango has existing domain names in the following spaces:

-gTLDs: nicovideo.com, dowango.com, nico-point.com,ドワンゴ.com

-ccTLDs: nicovideo.jp, nicolive.jp, dwango.jp

Recently, Dwango was successful in securing sunrise application in the .xxx domain space based on existing trademark registration.

 

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

 

18(b)i.

The key goals of the proposed new .nico gTLD are in line with ICANNʹs Affirmation of Commitments: to promote consumer trust, competition and consumer choice. Dwango also seeks to foster its online reputation and provide an authoritative internet space through which Dwango is able to communicate with its customers directly, effectively and in a secure manner. 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 more effective functionality will provide a trusted and positive user experience.

 

 

18(b)ii.

It is anticipated that the proposed .nico gTLD will make positive contributions to the wider internet community by providing:

 

Differentiation (Increased trust):

The .nico gTLD will simplify how internet users interact with Dwango by providing a distinctive domain space easily accessible via a user-friendly address structure. Internet users will be able to directly navigate to the .nico gTLD site, saving time and resources searching for an official site. The current domain name system has shown that it is vulnerable to malicious abuses due to registration of domain names which seek to exploit consumer confusion. Dwango can address some of these vulnerabilities by maintaining complete control over the domain names registered under the .nico domain space. Together with consumer trust, internet users will be able to rely on the authoritativeness of the domain names under .nico domain space, which will differentiate interaction between internet users and Dwango.

 

Competition:

The differentiation of .nico gTLD as a trusted site for Dwango will drive existing and new TLD registry operators to make improvements in mechanisms to improve consumer trust of their TLDs. Internet users will be encouraged to interact with domain names under .nico domain space. As a result, .nico will have a flow on effect to enable increased competition. Therefore, the benefits of the proposed .nico will be distributed not only to its direct customers, but to the internet community at large forcing improved services and competitive pricing in the market place.

 

Innovation:

With the expansion of the internet community to all corners of the world, the existing TLD structure presents limitations, not only in the availability of domain names for registrants, but also to businesses and organizations establishing a coherent online brand presence to meet their evolving business needs. It is often difficult to register a domain name in existing domain space due to unavailability of the desired name. Even when the desired domain name is available, it may come with a high price tag associated with a purchase of such desired name from a third party. Dwango has the ability to create second or third level domain names including the use of IDNs on demand which are relevant to its customer base, services and products. Dwango will be able to combine its use of the domain space with innovative user focused marketing and services to address the currently unmet needs in the existing domain name system providing greater consumer choice.

 

 

18(b)iii.

The proposed .nico will provide a positive user experience, which meets the changing and growing needs of the global internet community. Dwango 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 Dwango. Therefore, .nico gTLD will:

- provide an easy and intuitive reference and access point for internet users;

- provide a user-friendly address structure creating more memorable domain names;

- represent authenticity thus promoting user confidence;

- direct internet users to relevant information in a timely manner by creating domain names on demand with an intuitive, easy-to-remember address;

- use IDNs to enable customers to interact directly in their native language;

- enhance security and minimize security risks by implementing necessary technical and policy measures;

- strengthen brand reputation and user confidence by eliminating user confusion; and

- prevent potential abuses in the registration process reducing overall costs to businesses and users.

 

The .nico gTLD should address the 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 Uniform Domain Name Dispute Resolution Policy (UDRP) or other dispute resolution processes, the .nico 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 ICANNʹs core values in benefiting the public interest.

 

 

18(b)iv.

The proposed registration policy is attached in response to Question 28.

 

Only Dwango will be eligible to register domain names in .nico at this stage. The domain name registration processes will address the requirements mandated by ICANN, including rights abuse prevention measures. As the use of the .nico gTLD expands and evolves, Dwango may consider expanding the use of .nico gTLDs at a later date. Such expansion processes will comply with all policy, operational and technical requirements and will adhere to applicable measures to protect customer trust and the stability of the internet.

 

 

18(b)v.

Dwango is committed to protection of privacy and confidential information in accordance with its objective of increasing consumer trust and providing a safe and legitimate internet space for internet users. Privacy and confidential information will be protected in accordance with all applicable laws and regulations relating to internet security, privacy and userʹs confidential information. Dwango complies with the Private Information Protection Law (Japan).

 

Privacy is of fundamental concern to most of Dwangoʹs customers as such Dwango has a strong interest in ensuring a high level of privacy protection for its customers. Dwango also has implemented its own privacy policy to demonstrate its commitment to the protection of user privacy and confidential information and has set up a management system for the protection of its usersʹ personal information. Dwangoʹs term of use and privacy policy governs how Dwango can collect, store, use and disclose personal information. In particular, Dwangoʹs privacy policy provides that it will use personal information for the following purposes:

- providing services to its members including billing services for paid users;

- offering personalized services to its members for enhanced service functionality;

- providing services and respond to queries from its users;

- providing information on services, benefits and new features to members;

- sending out prizes and gifts to users;

- informing users of upcoming maintenance on its services;

- carrying outuser research and statistical analysis;

- monitoring and ensuring usersʹ compliance with terms of use;

- allowing access to personal information held by Dwango to relevant users for modification and deletion;

- protection of children; and

- compliance with relevant laws and regulations.

Where Dwango subcontracts its services, such outsourced parties will be required to comply with Dwangoʹs privacy policy provisions relating to disclosure and use of such personal information.

 

As the .nico gTLD will only be available to Dwango, initially, the amount of personal data that will be collected for the purposes of operating the gTLD and made publicly available in the WHOIS database will be very limited. Dwango will provide a publicly available and searchable WHOIS look up facility, where information about the domain name status, registrant information including administrative and technical contact details can be found in accordance with Specification 4 of the Registry Agreement. In order to prevent misuse of the WHOIS look up facility, Dwango will utilize measures including a requirement where any person submitting a WHOIS database query is required to read and agree to the terms and conditions in accordance with the registration policy. This will include the terms of use that the WHOIS database is provided for information purposes only and that the user agrees not to use the information for any other purposes such as allowing or enabling the transmission of unsolicited commercial advertising or other communication.

 

Dwango will deploy Domain Name System Security Extensions (DNSSEC) which is intended to benefit both Dwango and its users interacting with Dwango online. DNSSEC provides additional security by validating information in the transmission, therefore it is intended to benefit those who publish information in the domain name system (DNS) and the users who retrieve information from the new .nico gTLD. Dwango already implements measures to protect privacy or confidential information of its users against misuse, loss, alteration and unauthorized access. Such measures include information security management system based on JISQ15001 and the use of Secure Socket Layers.

 

Dwango will continue to apply all security measures currently implemented and will comply with all other policies and practices  required by ICANN in the Registry Agreement and any relevant Consensus Policy for protecting the privacy and confidential information of registrants and users in the new .nico domain space.

 

 

18(b)vi.

The proposed new gTLD will be publicised by a media plan to promote recognition of the new gTLD within the internet community to be a trusted site and as a sign of authenticity.

During the initial stage of the operation of the proposed new 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 towards minimizing malicious abuses and protecting internet users.

 

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?

 

As a restricted gTLD, registration will only be open to internal users at this stage and no third parties will be able to register domain names under .nico domain space. Therefore, it is not anticipated that third party trademark owners will incur costs in relation to the .nico gTLD. Dwango 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.

 

No unaffiliated third party will be permitted to register domain names at this stage. It is estimated that time and money spent by consumers who have been targeted by malicious abuse in utilizing services on the internet will reduce over time as a result of the new, trusted .nico gTLD.

 

 

18(c)i.

The initial use of the proposed new gTLD will be restricted to internal business use and Dwango intends to be the registrants under the .nico gTLD. Therefore conflicts between multiple applications are not anticipated to occur.

 

 

18(c)ii.

This gTLD will be used for internal purposes only, at this stage, so pricing incentives are not applicable or relevant.

 

 

18(c)iii.

This gTLD will be used for internal purposes only, at this stage, so pricing incentives or pricing increases are not applicable or relevant as no additional fees are to be charged.