.TDK New gTLD Application

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New gTLD Application Submitted to ICANN by: TDK Corporation

String: TDK

Originally Posted: 13 June 2012

Application ID: 1-901-92814

 

Applicant Information

 

  1. Full legal name

TDK Corporation

 

  1. Address of the principal place of business

Shibaura Renasite Tower

3-9-1 Shibaura

Minato-ku Tokyo 108-0023

JP

 

  1. Phone number

+81 3 5201 7102

 

  1. Fax number

+81 3 5201 7114

 

  1. If applicable, website or URL

http:⁄⁄www.global.tdk.com⁄

 

Primary Contact

 

6(a). Name

Mr. Jacob Williams

 

6(b). Title

Senior Consultant, UrbanBrain Company

 

6(c). Address

 

6(d). Phone Number

+81 3 3983 9422

 

6(e). Fax Number

+81 3 3895 3826

 

6(f). Email Address

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

 

Secondary Contact

 

7(a). Name

Mr. Kosaku Saimon

 

7(b). Title

UrbanBrain Company President

 

7(c). Address

 

7(d). Phone Number

+81 3 3983 9422

 

7(e). Fax Number

+81 3 3895 3826

 

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).

Tokyo, 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;6762

 

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

Hajime Sawabe Director and Chairman of the Board

Junji Yoneyama Director

Kenichi Mori Director (External)

Noboru Hara Full-Time Company Auditor

Osamu Yotsui Full-Time Company Auditor

Ryoichi Ohno Director (External)

Shinichi Araya Director

Takehiro Kamigama Representative Director

Yukiko Yanase Director (External)

 

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

Atsuo Kobayashi Senior Vice President

Gerhard Pegam Corporate Officer

Hiroyuki Uemura Senior Vice President

Junji Yoneyama Corporate Officer

Kaoru Matsuoka Corporate Officer

Kenichiro Fujihara Senior Vice President

Masataka Kajiya Corporate Officer

Noboru Saito Corporate Officer

Raymond Leung Executive Vice President

Seiji Osaka Corporate Officer

Shinichi Araya Senior Vice President

Shinya Yoshihara Corporate Officer

Takakazu Momozuka Corporate Officer

Takaya Ishigaki Corporate Officer

Takehiro Kamigama Chief Executive Officer

Takeshi Nomura Corporate Officer

Yoshiaki Hirota Corporate Officer

Zeng Yu Qun (Robin Zeng) Corporate 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

 

  1. Provide the applied-for gTLD string. If an IDN, provide the U-label.

TDK

 

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.

TDK Corporation (TDK) foresees no known rendering issues in connection with the applied-for string, “.TDK”.  This answer is based upon consultation with TDK’s consultants and preferred backend provider, Neustar, which has successfully launched a number of new gTLDs over the last decade.  In reaching this determination, the following data points were analyzed:

 

  •    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 held in March 2012 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.

TDK Corporation (TDK) was founded in 1935 and has since become a household name around the world due to its strong commitment to innovation and contributions to the advancement of technology though the production of materials and components. Today, TDK employs over 87,000 people in sales offices and manufacturing bases at over 130 locations in more than 30 countries around the world.

 

TDK’s corporate philosophy can be summed up by its motto; “contribute to culture and industry through creativity.” This motto and the underlying principles of the company; “Vision,” “Courage,” and ”Trust” go hand in hand with TDK’s vision of running a top-level domain specifically for the TDK brand.

 

The ʺ.TDKʺ top-level domain will serve an important function in securing and promoting the TDK brand name and the goodwill associated with the TDK name, in an era of an expanding Internet namespace. ʺ.TDKʺ will help pave the way for new and unique methods of reaching out to its customers and suppliers, providing corporate communications, and delivering future products to enhance technology around the world.

 

TDK’s mission and purpose in managing and operating the ʺ.TDKʺ namespace can be further described by the following three elements:

 

  1.  Embrace the Future of Online Communications
  2.  Operate a Safe, Stable TLD for the TDK Brand
  3.  Increase Transparency of TDK’s Corporate Programs

 

 

  1. Embrace the Future of Online Communications and Branding

 

The expansion of Internet extensions through ICANN’s new gTLD program presents an unprecedented and historic opportunity for TDK to manage its own Internet namespace. The introduction of new gTLDs will allow for a wide range of new extensions resulting in a significant shift in the way users will see and navigate the web. TDK views the prospect of running its own top-level domain as an exciting opportunity to help usher in positive changes to the Internet and continue its track-record of pioneering technological advancements.

 

The introduction of new gTLDs will fundamentally change the way users find relevant information on the web, and “.TDK” will emerge as the authoritative TLD for relevant information about TDK Corporation and its products and services. Implementing a creative approach to operating and marketing the “.TDK” top-level domain will play a vital role in contributing to the branding efforts of TDK.

Through following industry best practices and adhering to its strong stance on running a secure, stable top-level domain, TDK is confident that its top-level domain will become a successful extension of TDK brand online.

 

 

  1. Operate a Safe, Stable TLD for the TDK Brand

 

There is currently no precedent for running a brand-centered TLD, and a lot of unknown variables exist. TDK believes that it is essential that “.TDK” be run in the most stable fashion to provide effective communications and ensure trust among Internet users who access sites under the ʺ.TDKʺ TLD. TDK has made a commitment to implement the highest technical standards and industry best practices to ensure that this platform will succeed as our identity on the web by teaming up with Neustar Inc., (NYSE:NSR) as the provider of the backend registry solution for the “.TDK” namespace.

 

Neustar has significant experience running existing gTLDs and ccTLDs, as well as operating enterprise domain name services for several of the world’s largest and most demanding corporations. In addition TDK has formed a relationship with UrbanBrain Company, a TLD management and consultancy division of Interlink Co., Ltd (an ICANN accredited registrar since 2006) to handle the day-to-day management of the namespace.  

 

  1. Increase Transparency of Corporate Programs

 

To preserve its identity as a dynamic company, TDK believes that it must strive to constantly produce high value to all of its stakeholders, including shareholders, customers, suppliers, employees, and society.  Creating a safe, stable, and secure TLD is central to maintaining TDK’s world-class brand. ʺTrustʺ is a significant component of what TDK stands for. The “.TDK” TLD will serve as a platform for transparency for its corporate programs, such as corporate sponsorships, corporate social programs, and environmental initiatives.

 

It is TDK’s intention to create a namespace that offers intuitive navigation and consolidation of information that facilitates Internet users’ ability to find relevant information about TDK and its corporate endeavors.

 

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

ICANN has determined that launching the new gTLD program is inline with its mission to increase competition and innovation in the namespace. TLDs operated by brands will cause an entire paradigm shift in how users navigate the web by eliminating user confusion while at the same time reducing the potential for malicious use of the DNS.

 

TDK believes the ʺ.TDKʺ top-level domain will play a vital role in revolutionizing the Internet by adding greater specificity to the namespace, as well as serving as a platform to expand its online presence and improve branding efforts. One of TDK’s overall goals is to ensure that the ʺ.TDKʺ top-level domain becomes a trusted, secure, and stable operation that Internet users can trust as the true source of information from TDK Corporation.

 

TDK proposes to limit second level domain name registrations to TDK, its subsidiaries, and member companies and plans to implement internal registration policies to ensure that registered names will be used by only authorized personnel in a manner that promotes the mission of the company and abides by the strictest of corporate standards expected by those using the “.TDK” name.  Owning and operating the “.TDK” top-level domain will allow TDK to tailor its online presence with short, custom, memorable names, as well as market its products and services without the concerns of finding an appropriate generic domain name in the existing namespace. TDK’s aim is to create an advanced and trusted online space that provides secure and stable access to TDK’s products and services.

 

TDK, is confident that its customers, perspective customers and the global Internet community will benefit substantially with the knowledge that any “.TDK” domain name contains only authorized secure content approved by TDK.

 

 

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

 

The “.TDK” top-level domain will be a safe, stable, and secure operation. TDK believes that it is important to define internal policy as to how the TLD will be structured. TDK is in the process of mapping out a well-organized namespace in order to create a logical, intuitive structure that cultivates trust among its users.

 

As stated above, TDK has enlisted the services of Neustar, the existing registry operator for .BIZ, .US, and the back-end provider for numerous gTLDs and ccTLDs that have historically operated well in excess of the SLAs proposed by ICANN in the New gTLD Applicant Guidebook.  Neustar has a history of operating a number of mission-critical services in addition to its registry operations, including the maintenance of the North American Numbering Plan and Local Number Portability, each of which ensures the appropriate routing of all telephone calls in North America as well as DNS services for many of the top Fortune 500 companies in the world.  TDK’s reputation for industry leading electronic solutions coupled with Neustar’s reputation for the operation of secure and robust namespaces make for a potent combination to ensure that the operation of the “.TDK” registry will exceed all ICANN service level requirements and provide users with a reliable namespace

 

 

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

 

This unparalleled opportunity for to own and operate its own Internet namespace presents TKD with the ability to enhance the collective experience of global Internet users as well as spark innovation and creativity in the way TDK communicates to its customers, suppliers, partners and the general public. Building a quality namespace is key to building trust with Internet users as well as in adding to the brand value of TDK.

 

Traditionally when developing a new service, global companies will perform a search of available domain names to ensure the corresponding service name is available. Companies place a priority on ensuring that the naming conventions are consistent to convey coherency as to not confuse end users. In Japan, it is natural for most companies look for a name under “.co.jp”, “.jp”, and “.com”. These TLDs represent the most desirable names because of the level of trust customers have in them and the likelihood that customers will directly navigate to names under these TLDs. Owning and operating its own TLD will allow TDK to reduced dependency on current naming conventions and deploy a better selection of names that are easier for consumers to remember and key into the browser. The new naming conventions under the “.TDK” TLD will allow for shorter, intuitive names, whereas in the past TDK may have had to use a subdomain, a hyphenated domain registration, or a long URL for a particular service.  

 

The “.TDK” top-level domain will communicate specificity and trustworthiness to end users seeking specific information about TDK, its products, and other services it provides.

 

 

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

 

TDK will allocate a significant amount of time and resources to effectively launch the “.TDK” top-level domain. TDK will take a well-thought-out and deliberate approach to launching the TLD and structuring registrations in a uniform and logical way.  TDK is confident that this approach will allow its customers and Internet users to experience a seamless transition from names they have grown accustomed to over the years to a new structure under ʺ.TDKʺ.

 

Under its own top-level domain, TDK will have access to vast amount of creative domain names that will allow it to create shorter, more intuitive and memorable names that have a strong relationship with the content of a particular product or service. TDK will have total control over the space, which will enable users to experience a safe online communications channel free of any abusive registrations. TDK is confident that is customers will experience an intuitive way to navigate to relevant content and services provided by TDK without ever having to worry about the legitimacy of the content.   

 

TDK envisions incorporating “.TDK” domain names in its marketing strategy to increase the awareness and effectiveness of the new dedicated namespace. Marketing communications will include billboards, print media, television spots, and other communication outlets.

 

TDK is prepared to take the necessary steps to ensure that the TLD is operational in a timeframe according to the ICANN contract specifications. TDK will only proactively introduce the new TLD to Internet users once proper preparations have been made in an effort to minimize consumer confusion.

 

 

  1. Provide a complete description of the applicant’s intended registration policies in support of the goals listed above.

 

Operating a safe, stable, and secure top-level domain for the TDK brand is central component to TDK’s goals in using the TLD as new method for improving communications and brand promotion. TDK has extensively studied the registration policies and launch processes for several current TLDs. While some components may be similar, the launch of a TLD specifically operated by a brand is uncharted. Therefore, TDK believes that the primary objective of its launch policies should be to maximize the branding opportunity for TDK as whole while ensuring that the overall user experience is improved. TDK intends to use the TLD for its own branding purposes, and therefore, proposes that the registration policies be written into existing corporate policies. TDK will implement the following registration policies:

 

  1.  .TDK Domain Name Eligibility Requirements
  2.  Acceptable Use Policy
  3.  Reserved Names Policy
  4.  Rights Protection Mechanisms
  5.  ICANN Consensus Policies

 

 

  1. “.TDK” Domain Name Eligibility Requirements

 

The .TDK Domain Registration Eligibility policy sets forth the guidelines that dictate the allowable labels for domain name registrations, who or what entities may register the names, how the names may be used as well as the technical criteria each name must meet.  

 

1a Registrations

 

TDK proposes that only TDK Corporation, its subsidiaries, and group companies will be allowed to request second level domain registrations.  TDK will implement an internal process that will define how relevant entities can submit second-level registration requests and the process that will be used to approve such registrations.

  

TDK envisions having a domain management department that will be responsible for the receipt of domain name registration requests from specially designated and approved managers (Domain Manager) though a documented internal request form.  Once the Domain Manager receives a registration request, an internal review will be completed to ensure the name complies with internal policies and procedures governing the registration of “.TDK” domain names as well as with the technical specifications in the ICANN Agreement.  Once the name has undergone the standard review, and is deemed in compliance with internal rules and procedures, the name will be approved and submitted through an ICANN-Accredited Registrar for registration.

 

TDK believes that it is eligible for an exemption to the ICANN Code of Conduct (Specification 9 of the new gTLD Registry Agreement).  If the exemption is granted, TDK has already enlisted the services of Interlink Co, Ltd, an ICANN accredited registrar since 2006 to act as its registrar. TDK believes that limiting the number of registrars is important in order to protect the integrity of the brand, and as such, serves the public interest.

 

The registration terms for second level domain names will match with existing TLDs.  The registration term will be allowed for one to ten years.  At no point are domain registrations allowed for more years than the maximum registration term of 10 years or the minimum term of one year.  Additional details regarding the registration, renewal, and transfer terms can be found in answer to Question 23 regarding Registry Services.

 

 

1b. Domain Restrictions

 

A domain name that will be accepted as valid for registration is a domain name that;

 

  •    has not been blocked or reserved by the registry (see Reserved Names policy below)
  •    meets the technical requirements (defined below)
  •    has not already been registered (registrants will be encouraged to use the WHOIS database provided by the registry

 to ensure the availability of a domain)

 

 

1c. Technical Specifications

 

The technical specifications for allowable labels will follow the standard criteria briefly outlined below:

 

  •    Labels containing the letters ʺaʺ to ʺzʺ or ʺAʺ to ʺZʺ in standard US ASCII character set, the digits ʺ0ʺ to ʺ9ʺ

  and the hyphen (ʺ-ʺ).

  •    Labels may contain a maximum of 63 characters. (This does not include the ʺ.TDKʺ suffix)
  •    Labels may not begin or end with a hyphen (ʺ-ʺ) and may not include a hyphen (ʺ-ʺ) in the third and fourth

  positions unless they represent valid internationalized domain names in their ASCII encoding).

 

 

  1. Acceptable Use Policy

 

TDK intends to be the sole registrant in the “.TDK” TLD, and will implement an Acceptable Use Policy (AUP) to ensure that TDK maintains all rights of registered names to protect the integrity of its registry and achieve its goal of maintaining a safe and stable operation. The AUP describes the process for applying for, registering, renewing, and transferring a “.TDK” domain name.  The AUP also documents any restrictions related to use of the domain name and how the registry, may enforce its policies.

 

The AUP for “.TDK” will clearly delineate the types of activities that constitute ʺabuseʺ and any repercussions associated with abusive domain name registrations. A draft version of the AUP can be found in the answer to Question 28: Abuse Prevention and Mitigation.

 

 

  1. Reserved Names Policy

 

TDK will comply with Specification 5 of the ICANN new gTLD Registry Agreement by initially reserving all names as required. These names will include:

 

  •    The label ʺEXAMPLEʺ as required by ICANN
  •    All two character labels will be initially reserved. Provisions for the release of these names is further

  described in relation to question Question 22: Protection of Geographic Names.

  •    Tagged domain names (labels with a hyphen (ʺ-ʺ) in the third or fourth positions will only be allowed if

  they represent a valid internationalized domain name (IDN) in their ASCII encoding.

  •    Second level names for registry operations, defined by ICANN as: NIC, WWW, IRIS, and WHOIS.
  •    Country and territory names listed on the following internationally recognized lists will be initially reserved:

   1. the ISO 3166-1 list including the short form and long form English versions,

   2. United Nations Group of Experts on Geographical Names, Technical Reference manual for the

    Standardization of Geographical Names, Part III Names of Countries of the World

   3. The list of United Nations member states in 6 official United Nations languages prepared by the

    Working Group on Country Names of the United Nations Conference on the Standardization of

    Geographical Names

 

TDK does believe that certain 2-letter names and country and territory names may be used in manners unlikely to cause confusion with the country-codes, countries or territories and therefore is exploring ways in which such names may be released in accordance with ICANN policies and in a manner that avoids consumer confusion.  Please see TDK’s response to Question 22 for more information on the protection of Geographic Names.

 

 

  1. Rights Protection Mechanisms

 

TDK is committed to following all ICANN rules regarding protecting third party intellectual property rights within its TLD.  TDK plans to operate and maintain the ʺ.TDKʺ space as an extension of it current branding activities, therefore, it is highly unlikely that names in the zone will interfere with the rights of other third parties.  Nevertheless, TDK plans to implement all Rights Protection Mechanisms (RPMs) as required by ICANN.  These RPMs include the following, which are further explained in answer to Question 18 Part C and Question 29: Rights Protection Mechanisms.

 

  •    Trademark Clearinghouse
  •    Sunrise and Trademark Claims Process
  •    Implementation of the Uniform Dispute Resolution Policy (UDRP)
  •    Implementation of the Uniform Rapid Suspension (URS) mechanism.

 

 

  1. ICANN Consensus Policies

 

TDK is aware of and understands all current ICANN consensus policies listed at http:⁄⁄www.icann.org⁄en⁄general⁄consensus-policies.htm, and is committed to comply with all policies during its time as a registry operator.

 

 

  1. 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.

 

TDK will allocate domain names internally to its subsidiaries, group companies, and other contracted parties for purposes of doing business under the TDK name. Information deemed necessary to fulfill WHOIS requirements will be recorded in the public WHOIS database. All other information will be protected under contractual requirements and such information will be safeguarded from loss, destruction, tampering, leakage, etc. TDK is currently in compliance with all relevant laws, regulations and other rules, and will remain in compliance with any changes made by relevant authorities.

 

TDK is well aware of the requirement to adhere to specific ICANN consensus policies and will ensure that all contracted parties implement and abide by ICANN consensus policies. Additionally, TDK and its contracted parties are aware of the current work being done to analyze the current WHOIS model as well as the movement to improve it. Our partners are involved deeply in the ICANN community and we commit to implementing any and all new procedures as approved and implemented by ICANN.

 

Furthermore, TDK has implemented a website privacy statement and a general privacy policy, which can be found in English and Japanese respectively at the following links:

 

http:⁄⁄www.tdk.com⁄privacy.php.

http:⁄⁄www.tdk.co.jp⁄privacy⁄

 

 

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

 

The switch over to ʺ.TDKʺ as the authoritative namespace for the TDK brand will require a fair amount of time and effort to ensure that user confusion does not occur. Therefore, TDK will incorporate the ʺ.TDKʺ name into its existing marketing, outreach and communications activities in a calculated and deliberate fashion to ensure these goals are met.

 

Additionally, TDK will implement an effective pre-delegation communications plan that will help users become aware that the scope of the Internet is expanding and TDK has elected to brand is primary online presence under the “.TDK” top-level domain.  After TDK has implemented and announced its new web presence the focus on communications will cautiously lead users from conventional domain names to new domain names under the “.TDK” TLD.

 

18(c). What operating rules will you adopt to eliminate or minimize social costs?

TDK Corporation (TDK) plans to operate the “.TDK” TLD in the safest, most secure, and most reliable way possible. By selecting a world-class provider TDK has effectively reduced the risk of downtime in the TLD and can ensure end users can enjoy continuously access domain names under the TLD without any technical malfunctions.

 

TDK has a compliance department in place for its current business operations and will ensure that compliance officers are highly trained with regards to operations of “.TDK”. Compliance officers will ensure that TDK is in full compliance, at all times, with technical requirements, ICANN contractual obligations, and registration rules with regards to the “.TDK” TLD.

 

 

  1. How will multiple applications for a particular domain name be resolved?

 

TDK is currently planning to be the only authorized registrant in the ʺ.TDKʺ namespace. Mechanisms for resolving multiple applications for a domain name are not needed. In the event that TDK opens up the registry for general registrations by the public, TDK will evaluate the options and formulate a policy at that time.

 

 

  1. Explain any cost benefits for registrants you intend to implement.

 

It is anticipated that TDK Corporation, its subsidiaries, and group companies will be the only authorized registrant for names under the ʺ.TDKʺ namespace. TDK expects that owning a proprietary TLD for the its brand will provide many benefits, including improving the TDK brand though personalization, branded content, security, continuing its history of innovation by being an early adopter of technologies, and the ability to use the TLD as an effective marketing and communications tool.

 

Like most other new TLDs, TDK anticipates that it will take the general public time to get used to the “.TDK” namespace and “.brand” TLDs in general. The transition period will likely take several years, but once Internet users get used to the expanded system more users will freely and naturally type in URLs to navigate to find exactly what they are looking for.

 

Other benefits that will be derived from “.TDK” include:

 

  •    A Logical Naming Structure
  •    Shorter URLs
  •    More Intuitive URLs
  •    A Higher Level of Trust for the TDK Brand

 

 

Intellectual Property Concerns

 

Numerous parties have expressed concerns over the introduction of the new gTLD program stating that new TLDs could harm consumer welfare due to consumer confusion. Trademark holders have also brought up the issue of new TLDs imposing additional costs due to the necessity of participating in “defensive” registrations.

 

TDK plans to operate and maintain the .TDK space as an extension of it current branding activities, therefore, it is highly unlikely that names in the zone will interfere with the rights of other third parties. Nevertheless, TDK is fully committed to ensure the protection of IP rights within its TLD and intends to implement all Rights Protection Mechanisms (RPMs) as required by ICANN.  These RMPs include the following:

 

 a.  Trademark Clearinghouse

 b.  Sunrise and Trademark Claims Process

 c.  Implementation of the Uniform Dispute Resolution Policy (UDRP)

 d.  Implementation of the Uniform Rapid Suspension (URS) mechanism.

 e.  Other Rights Protection Mechanisms

 

 

  1. Trademark Clearinghouse

 

The trademark clearinghouse is a mandatory RPM, which has been developed in order to serve as a central repository for information to facilitate other RPMs such as the Sunrise Period and Trademark Claims process. Though this RPM is still under development, TDK’s consulting partner has joined the Implementation Assistance Group (IAG) to monitor the progress of creating the policy as well as provide feedback on solidifying the policy for its implementation. In addition, the back-end registry services provider, Neustar, is actively playing a key role on the IAG to ensure that protections afforded by the clearinghouse and associated RPMs are feasible and implementable. Further information regarding the implementation of this mechanism can be found in reference to Question 29: Rights Protection Mechanisms.

 

 

  1. Sunrise and Trademark Claims Process

 

The Sunrise period is a mandatory launch phase.  However, TDK is planning to be the sole registrant with regards to its TLD and will not implement a public launch.  If a public launch is contemplated in the future TDK will adhere to the standards regarding the Sunrise launch at that time.  

 

The Trademark claims process is tied into both the Sunrise launch and the Trademark Clearinghouse.  The Trademark Claims process is a mandatory RPM, which is intended as means to provide “clear notice” to a registrant if he⁄she attempts to secure a domain name that matches a trademark that is currently registered in the Trademark Clearinghouse.

 

TDK does not anticipate that any disputes with regards to its domain name registrations under “.TDK” will arise; nonetheless, TDK will implement a Trademark Claims service that runs throughout the life of the registry.  In the event that there is a match with a mark in the Trademark Clearinghouse, TDK’s internal legal and compliance departments will review the claims to ensure that the proposed use of the matching second level registration is not in violation with the trademark claimant’s intellectual property rights.

 

 

  1.  Uniform Dispute Resolution Policy (UDRP)

 

The UDRP is an ICANN Consensus Policy that was instituted in 1998. The UDRP provides trademark holders an alternative method to resolve domain name disputes by expediting an administrative proceeding with an ICANN approve dispute resolution provider.  Additional information regarding the UDRP can be found at: http:⁄⁄www.icann.org⁄en⁄udrp⁄udrp.htm.

 

TDK does not anticipate that a UDRP proceeding will be initiated against any names registered in its zone due to it being the only registrant in the TLD. In the event that a dispute arises regarding a domain name registration in the “.TDK” zone, TDK will work with the complainant to find an agreeable solution.  If both parties are unable to come to an agreement, TDK will abide by the UDRP process.

 

 

  1. Uniform Rapid Suspension (URS)

 

The Uniform Rapid Suspension (URS) is a Rights Protection Mechanism that was developed to satisfy the legitimate concerns that trademark owners had about the number of New TLDs that could potentially be introduced in the coming years. Trademark owners believed that the level of infringing or abusive domain names would increase as a result of the program. ICANN listened to the concerns that the IP community had and through a diligent process, developed the URS as a more cost effective and speedy mechanism for trademark owners to enforce their rights in clear cases of abuse.  

 

TDK does not anticipate that infringing registrations will take place in its zone due to the conflict reviews that will be completed prior to a domain name registration.  In the event that a URS case does come about, TDK will abide by the URS.

 

  1. Other Rights Protection Mechanisms

 

The “.TDK” top-level domain will be used strictly for the TDK brand and therefore TDK is confident that no claims will be made against the registry regarding infringing registrations.  TDK will fully comply with the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) adopted by ICANN as described in the new gTLD Applicant Guidebook and Specification 7 of the Registry Agreement as well as any other Rights Protection Mechanisms that are subsequently approved or altered by ICANN.

 

  1. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation?

 

TDK is planning to run the proposed TLD as a proprietary TLD for the TDK brand. Pricing schemes such as bulk registration pricing, advantageous pricing, introductory discounts, etc., are not applicable at this time.