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.flsmidth New gTLD Application

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New gTLD Application Submitted to ICANN by: FLSmidth A⁄S

String: flsmidth

Originally Posted: 13 June 2012

Application ID: 1-911-91166

 

Applicant Information

 

  1. Full legal name

FLSmidth A⁄S

 

  1. Address of the principal place of business

Vigerslev Allé 77

Valby  2500

DK

 

  1. Phone number

+45 3618 1842

 

  1. Fax number

 

  1. If applicable, website or URL

http:⁄⁄www.flsmidth.com

 

Primary Contact

 

6(a). Name

Mr. Jannik Skou

 

6(b). Title

Partner ⁄ Geschäftsführer

 

6(c). Address

 

6(d). Phone Number

+45 22275696

 

6(e). Fax Number

 

6(f). Email Address

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

 

Secondary Contact

 

7(a). Name

Mr. Dan Trampedach

 

7(b). Title

Partner ⁄ Geschäftsführer

 

7(c). Address

 

7(d). Phone Number

+41 79 831 9275

 

7(e). Fax Number

 

7(f). Email Address

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

 

Proof of Legal Establishment

 

8(a). Legal form of the Applicant

Limited Liability Company  (In Danish: ʺAktieselskabʺ abbreviated ʺA⁄Sʺ)

 

8(b). State the specific national or other jursidiction that defines the type of entity identified in 8(a).

Denmark ⁄ Danish Law

 

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_OMX_Nordic_Exchange;FLS

 

9(b). If the applying entity is a subsidiary, provide the parent company.

FLSmidth & Co. A⁄S

 

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

Frank Lund Member of the Board

Hans Per Martin Ivert Member of the Board

Jens Jesper Ovesen Member of the Board

Jens Palle Andersen Member of the Board

Jens Severin Stephensen Vice Chairman

Mette Dobel Member of the Board

Sten Erik Jakobsen Member of the Board

Torkil Bentzen Member of the Board

Vagn Ove Sørensen Chairman

 

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

Bjarne Moltke Hansen Group Executive Vice President

Christian Jepsen Group Executive Vice President

Jørgen Huno Rasmussen Group Chief Executive Officer

Poul Erik Tofte Group Executive Vice President and CFO

 

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

FLSmidth & Co. A⁄S Not Applicable

 

11(d). For an applying entity that does not have directors, officers, partners, or shareholders: Name(s) and position(s) of all individuals having legal or executive responsibility

 

Applied-for gTLD string

 

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

flsmidth

 

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.

We have carefully examined (including S.W.O.R.D test) the applied-for string “FLSMIDTH” and found that deployment of it would not cause adverse operational, rendering, or general user-confusion due to visual similarity with existing TLDs⁄ISO3166 lists⁄ICANN reserved list of names & list of ineligible strings. The string consists entirely of ASCII letters and is a valid hostname having at least three and less than 63 characters, the ASCII Label is therefore in compliance with the string requirements set forth in the Applicant Guidebook (Applicant Guidebook, page 64, section: 2.2.1.3.2 “String Requirements”) and with all technical standards such as but not limited to RFC 1035, RFC 2181, RFC 952, RFC 1123, and RFC 3696.

 

Although the applied for string is pure ASCII characters the applicant is aware of its responsibility to seek to mitigate and solve inter alia such issues, as discussed on the “TLD Universal Acceptance” session at the Costa Rica ICANN Meeting on Wed, 14 March 2012 (http:⁄⁄costarica43.icann.org⁄meetings⁄sanjose2012⁄presentation-tld-universal-acceptance-14mar12-en.pdf):

 

  1. Validity checks of TLDs based on either a hard coded list (may not be updated with all new gTLDs) or on a length check (i.e. maximum three characters)
  2. Name conversion in various applications and browsers. Based on wrong definitions or outdated lists of TLDs, some applications may not convert this new gTLD to links
  3. User acceptance. Some websites⁄applications may refuse user acceptance of users entering a new gTLD not accepted by the website⁄application
  4. Email clients validating on length on TLDs on by applying an outdated list of TLDs may also cause problems for this new gTLD, as valid email addresses may not be accepted
  5. Websites and Search Engines such as, but not limited to, Google, Yahoo! may refuse to offer services such as advertising, if they validate email addresses and valid domain names based on outdated definitions of TLDs, or simply refuse to add new gTLDs to their lists
  6. Mobile browsers may also not be updating their lists of valid TLDs, as live DNS look ups, may be considered costly or in adequate by the providers

 

Actions to mitigate or solve these issues:

 

As the TLD is longer than 3 characters, it is understood that some issues concerning usage of the TLD in online forms will exists. We take the full responsibility for any such issues and will work towards enabling general global acceptance for TLDs, not just with this TLD but all others as well. We will ensure that all known websites expecting to use the TLD will be communicated with concerning this issue and we will make all our own online forms available to accept all ICANN TLDs per the IANA list. We will work with ICANN in our on-going effort on this subject both for IDN TLDs and ASCII TLDs

 

Second Level IDN specific issues are addressed in our response to Question 44.

 

  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.

  1. About FLSmidth

 

FLSmidth & Co. A⁄S is the holding company of the entire FLSmidth Group, and does not as such have any commercial activity other than being the holder of shares in the operational companies in the Group. FLSmidth A⁄S is by far the largest operating entity in the Group, which today consists of some 150 companies all over the world.

The Board of Directors as well as the Executive Management Team of FLSmidth & Co. A⁄S and of FLSmidth A⁄S are identical.

Thus, backed by the holding company, the applying entity is FLSmidth A⁄S, who is also the owner of the FLSMIDTH trademark.

 

FLSmidth is a leading supplier of equipment and services to the global cement and minerals industries. FLSmidth supplies everything from single machinery to complete cement plants and minerals processing facilities, including the provision of service before, during and after the construction of such plants and facilities.

 

- FLSmidth employs about 13,000 people worldwide, and maintains offices in more than 40 countries around the globe

- The Companyʹs in-house human resources are primarily engineers who develop, plan, design, install and service equipment, with most of the manufacturing being outsourced to sub-suppliers

- FLSmidth has been the leading supplier of the global cement industry since its founding in 1882

- FLSmidthʹs revenue was EUR 2.95 bn in 2011. 99% of this revenue is generated through business activities outside of Denmark

 

For more information about the Company, and its longstanding history, please see: http:⁄⁄www.flsmidth.com⁄en-US⁄About+FLSmidth⁄FLSmidth+at+a+Glance.

 

FLSmidth A⁄S has secured trademark registrations for the mark FLSMIDTH in roughly 67 jurisdictions around the globe, including: Australia, Belarus, Canada, Chile, the Republic of China, Denmark, the European Union, Indonesia, the Republic of Korea, Malaysia, Mexico, Nigeria, Norway, the Russian Federation, the United Arab Emirates, the United States and Vietnam. Additionally, the Company has registered its FLS trademark in roughly 59 jurisdictions around the world, with such protections in force since at least 2008. FLSmidth A⁄S uses these marks in connection with its wide range of products and services in the cement and minerals industries, and they have become strongly associated with the  Applicantʹs internationally-recognized business activities.

 

 

  1. Mission and Purpose of the “.FLSMIDTH” TLD

 

FLSmidth A⁄S intends to reserve all names within the TLD to itself and its affiliates, under a single-registrant model. The Company intends to use such registrations primarily for promotional and navigational purposes relating to FLSmidth’s online presence and⁄or for the provision of its wide range of goods and services.

 

The TLD is intended to benefit Internet users by enabling FLSmidth and its affiliates to communicate more easily and effectively with all Internet users, and particularly the Company’s many customers, employees and affiliates. The TLD will become a key component in the Company’s global “One Brand Strategy.”

 

The One Brand Strategy is an innovative marketing and branding concept, organized under the principle of “One Source, Many Strengths”. This concept strongly conveys FLSmidth ’s customer promise of being a complete solutions supplier, meeting the needs of its varied customers in the cement and minerals industries across the globe through the provision of streamlined, comprehensive, and high-quality products and services, even including aftermarket services.

 

With a strong local presence in more than 40 countries, FLSmidth has more people on the ground in more places than any other supplier. This means it is uniquely able to provide its customers with a single source for all the products and services they need – globally and locally. The Company has solutions to meet any challenges its customers face. This comprehensive customer service is something that is possible because the Company can pool its many strengths – all available to its clients and customers from one source.

 

The Company’s brand image encompasses three points that are critical to FLSmidth’s continued status as the best in its class for all the markets it serves:

 

- FLSmidth delivers an unprecedented range of resources from one supplier

- Customers can depend on FLSmidth for exceptional levels of service and support

- Working with FLSmidth enables customers to stay a step ahead of the competition

 

This new TLD space will assist FLSmidth in consistently meeting all three of these goals, by facilitating communications between all members of its corporate network – from materials designers, labor and construction teams, shipping warehouses, service and maintenance departments, and the customers themselves. Through this new, innovative online nexus, all members of the FLSmidth team will be brought a step closer together, and a step closer to reaching their goals for the future.

 

  1. Inspiration and Confidence

 

The unified nature of the FLSmidth brand also distinguishes it from its competition. It enables the Company present the same face around the globe, to look and sound the same in Moscow as in Mumbai, and to communicate the same message to customers in southern Europe and South America. Moreover, the FLSmidth brand unites the Company’s various departments, product companies and capabilities under a single unified image. It is a strong internal driver, generating integration and unity around a single name and promise.

 

  1. Reliability and Trust

 

The One Source concept also signals that FLSmidth has the scope, strength and resources to dependably achieve financial goals. It communicates a message of reliability and trust, suggesting that the Company has a unique depth of knowledge and experience that our stakeholders can count on. The brand clearly delivers the message that no other company in the cement and minerals industries can call upon and coordinate such a wide range of engineering resources and commercial experience. It is no wonder, then, that the Company considers it to be its “single greatest competitive advantage.” For more information about the FLSmidth brands, and our wide range of reliable products, please see: http:⁄⁄www.flsmidth.com⁄en-US⁄About+FLSmidth⁄Our+Brand+Profile.

 

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

This new top level domain will enable FLSmidth to communicate with all its stakeholders as “one group”, and to communicate its brand in a unified and global manner everywhere in the world. The “.FLSMIDTH” top level domain will further help the Company to unite its departments, product companies, employees, and affiliates under one single image online.

 

Thus the “.FLSMIDTH” Registry Service Provider will manage the Internet space under the control of FLSmidth A⁄S, to allow the distribution and exchange of information between FLSmidth and its stakeholders by means of, but not limited to, websites, social networks, email and other technologies that will reside within the “.FLSMIDTH” domain name space.

 

In addition, ancillary services may be provided in addition to the registration of domains within the TLD, including but not limited to website hosting, SEO, marketing and consulting services.

 

Internet users will thus benefit from a more distinctive and trustworthy Internet experience in dealing with FLSmidth and its affiliates, and hopefully this experience will support the Company’s goal of communicating a message of reliability and trust.

 

FLSmidth expects to benefit from the TLD by increased and more effective brand recognition in its marketing and communications, and by having an ample supply of relevant and available domain names to use in its business. In addition, the TLD will permit FLSmidth to have greater control over its online brand and services, including but not limited to robust trust and security features. In turn, those benefits are certain to result in a better internet user experience, particularly for those internet users interested in FLSmidth and the Company’s products.

 

 

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

 

The “.FLSMIDTH” TLD ultimately is intended to function as the online branding and services platform of FLSmidth. The Company anticipates employing leading-edge technologies and business practices, to provide Internet users with a trustworthy and positive experience when visiting the sites within the TLD network. The goal is to use FLSmidth’s online infrastructure, services and marketing to encourage Internet users to interact with FLSmidth and its affiliates. FLSmidth also anticipates that the TLD will provide an ample supply of relevant domain names for its use, which will assist in the marketing of FLSmidth’s wide range of products, the delivery of its products and services, and the development of new services.

 

FLSmidth believes that by utilizing its new TLD it will have the opportunity to take Internet users to the next level in customer service and client satisfaction. By maintaining a clean, brand-specific space, the Company will have the ability to tailor unique consumer experiences to the needs of individual site-users, meaning that visitors will be able to easily locate the products, services and information they seek.

 

Additionally, Internet users will benefit from the added safety inherent in this tightly controlled, well monitored space. Since FLSmidth A⁄S plans to adopt a single registrant model, the company will have full control over the content displayed within the TLD, meaning that Internet users can browse in a secure environment without concern as to the safety of their personal data. Users will know any content displayed within the TLD is authentic, accurate, and up to date, bringing them a more enjoyable online experience. Through use of the TLD’s network of sites, consumers will develop a high level of trust with the company and the online space, encouraging them to interact with the Company.

 

 

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

 

The TLD will provide an alternative for FLSmidth and its stakeholders to the current generic TLDs. The branded nature of the TLD space will serve as a differentiating force, providing a distinctive name space that will simplify Internet users’ choice to interact with FLSmidth and⁄or its affiliates. For example, Internet users will be able to directly navigate to intuitive domains and subdomains within the TLD by utilizing the Company’s anticipated easy-to-access network of websites, saving time and resources as compared to the use of a standard search engine.

 

As it seems there will be many new “.BRAND” TLDs, the Company expects that consumers will soon learn to distinguish them from the existing TLDs and from new generic, geographical or cultural TLDs. The transition to a branded Internet will be a natural progression as new TLD spaces become available, and FLSmidth believes this “new DNS” will be readily accepted by the online marketplace, in no small part due to the increased advantages and ease of use offered in these streamlined, tightly-controlled spaces.

 

The very use by FLSmidth of domains within the TLD ultimately should impact competition by lessening the number of domain registrations that FLSmidth will need to register and maintain with existing registration providers. This effect, multiplied by many companies who choose to own and operate their own TLDs, as a side effect may result in increased competition among the existing registration providers. They may need to compete more fiercely for the remaining business interest in their existing TLDs, and with many new organizations offering use and⁄or registration of new TLD domain names. The logical effect should be lower pricing and better service for all Internet users.

 

The “.FLSMIDTH” TLD will allow FLSmidth to innovate and create many uses for domain names which today are too complicated or currently unforeseen. In the current marketplace, it is often difficult to find a relevant and easily-available domain name from existing registration providers. Even if one is found, pricing is often prohibitive because the domain name is only available on the secondary market. All new domains must be purchased from third parties and then managed as corporate assets. These expenses and complications can be dramatically reduced over time. The ample supply of immediately-available, inexpensive domain names made available to the Company through this new TLD space is likely to pay dividends in ways we do not currently foresee.

 

 

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

 

The TLD ultimately is intended to function as FLSmidth’s online branding and services platform, which will support the Company’s goals as stated in its brand profile and communications policy. It is intended to function with leading-edge technologies and business practices, ensuring a trustworthy and positive user experience. The goal is to use FLSmidth’s online infrastructure, services and marketing to encourage internet users to interact online with FLSmidth and its affiliates.

 

More specifically, FLSmidth intends for users to perceive the TLD as a trustworthy indicator of the source of FLSmidth’s online information and services. FLSmidth intends to use advanced technical and policy measures to ensure the security of online transactions and communications, and to ensure that domain names in the TLD are only used for purposes authorized by FLSmidth. FLSmidth intends to provide a safe and legitimate Internet space, enhancing user experience by mitigating security-associated risks.

 

The TLD will reinforce the ideals FLSmidth. Therefore, domains within the TLD will only be used for purposes authorized by FLSmidth A⁄S. Domain usage guidelines will be established and enforced, to constantly reinforce the “.FLSMIDTH” experience and the reputation of the space.

 

In addition, the TLD will provide an easily navigable and predictable domain name space. For example: “geographicnames.FLSMIDTH” might be used to display FLSmidth’s localized websites, “function.FLSMIDTH” could be used for websites related to a particular company function, “product.FLSMIDTH” may be used for websites related to that product, “projectname.FLSMIDTH” to provide information about an ongoing project, and “daughtercompany.FLSMIDTH” could provide information about our subsidiaries. In addition “cement.FLSMIDTH” and “mineral.FLSMIDTH” could be examples of domain names under which general information about the two industries could be made easily accessible. All of this will lessen users’ confusion when interacting online with FLSmidth.

 

 

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

 

FLSmidth A⁄S will be the sole registrant of domain names within the TLD. This will ensure that such domain names only are used for purposes authorized by FLSmidth A⁄S. Only relatively few, specifically designated employees of FLSmidth A⁄S will have authority to use or to authorize the use of any such domain names.

 

 

  1. 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.

 

FLSmidth A⁄S intends for users to perceive the TLD as a trustworthy indicator of the source of FLSmidth’s online information and services. User trust is enhanced when users are confident that they are in fact interacting with the website and service they are intending to interact with, and that their private or confidential information is securely protected. FLSmidth A⁄S intends to use advanced technical and policy measures to reasonably ensure the security of online transactions and communications, and to reasonably ensure that domain names in the TLD are only used for purposes authorized by FLSmidth A⁄S. FLSmidth A⁄S intends to provide a safe and legitimate Internet space, enhancing user experience by mitigating security-associated risks.

 

FLSmidth A⁄S intends to deploy DNSSEC and to comply with all of the other policies and practices required by ICANN in the Registry Agreement and⁄or via any Consensus Policy. And of course, FLSmidth A⁄S complies with all applicable laws and regulations relating to Internet security and the privacy of users’ confidential information. FLSmidth A⁄S already employs commercially reasonable practices with respect to the security of online transactions and users’ private or confidential information. Our privacy policy is posted on http:⁄⁄www.flsmidth.com⁄en-US⁄About+FLSmidth⁄Privacy+Policy, and our additional policies are available at http:⁄⁄www.flsmidth.com⁄en-US⁄About+FLSmidth⁄Policies.

 

FLSmidth A⁄S is committed to making the TLD space fully compliant with all published best practices guidelines, including the APWG Anti-Phishing Best Practices for Registrars, and the SSAC docs: SAC 007, 025, 028, 035, 038, 040 (available at: http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄ssac-documents.htm). For further information concerning privacy protections and data security within the TLD space, please refer to the answers contained in sections 23, 26, 28 and 29 below.

 

 

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

 

By effectively communicating to its consumers through branding initiatives, marketing and advertising, FLSmidth A⁄S believes Internet users will become familiar with the new space. The Company anticipates using its new TLD in many of its marketing initiatives, and in relation to many of its core operations and services.

 

Use of the TLD in this way will effectively communicate the benefits and opportunities available within the new space, and will encourage Internet users to interact with FLSmidth online. These advertising efforts are intended to communicate the availability of the TLD, not only for the specific purpose referenced in the particular marketing material, but also for more general or intuitive purposes. For example, a user who first sees an advertisement for “product.FLSMIDTH” may later directly navigate to “search.FLSMIDTH” to search for other products of FLSmidth. Besides FLSmidth’s own specific efforts to communicate the “.FLSMIDTH” TLD to its intended audience, FLSmidth expects that audience and relevant media to further communicate information about the new TLD as they talk about or report on FLSmidth.

 

In sum, outreach and communication are important in order to achieve the projected benefits of the TLD, but also will be inherent in FLSmidth’s use of the TLD, and further will be enhanced by the viral nature of communications about FLSmidth. As it seems there will be many other .BRAND TLDs presented to internet users, it is expected that the outreach, communications and media relating to each of them, individually, will soon lead to collective benefit. This is because many internet users will quickly grasp the concept behind these new branded TLD spaces, and will expect many companies to operate them in generally consistent ways.

 

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

The “.FLSMIDTH” TLD ultimately is intended to function as an online, centralized information platform for FLSmidth. It is intended to function with leading-edge technologies to ensure a trustworthy and positive user experience. FLSmidth A⁄S intends to use advanced technical and policy measures to ensure the security and reliability of online transactions and communications taking place on domains within the TLD, and to ensure that domain names in the TLD are only used for authorized purposes.

 

Naturally, as FLSmidth A⁄S will be the registrant of all domain names within the space, it will have full control over the content displayed on websites within the TLD. The Company intends to provide a safe and trustworthy Internet space, enhancing user experience by mitigating security-associated risks.

 

The TLD is designed to reinforce the corporate ideals of FLSmidth, and to provide an online forum by which the company may communicate with its many stakeholders, including its business associates, subsidiaries, employees, affiliates and customers. Domains within the TLD will only be used for purposes authorized by the Company, and domain usage guidelines will be implemented and enforced to constantly ensure the integrity and reputation of the TLD.

 

All domain name registrations agreements shall incorporate the usage requirements set out in the Domain Name Registration and Usage Policy for the TLD, a draft version of which is provided at the end of this section. FLSmidth A⁄S intends that no domain name in the TLD space shall be used in a manner which:

 

- infringes any other third parties rights,

- is in breach with any applicable laws, government rules or requirements

 

or for the purposes of:

 

- undertaking any illegal or fraudulent actions, including spam or phishing activities, or

- defaming FLSmidth A⁄S or its businesses, parent company, affiliates, subsidiaries, employees, etc.

 

The TLD domain space shall be used for the benefit of FLSmidth. The content and use of all registered domain names within the TLD will be monitored by the Company on an ongoing basis.

 

FLSmidth A⁄S will implement a Sunrise period of 30 days for the purpose of complying with ICANN requirements. However, because the Company will be the sole registrant within this space, there will be no other registrants eligible to reserve or register a domain during this period. FLSmidth A⁄S will develop and implement an appropriate Sunrise Dispute Resolution Policy (SDRP), containing the elements specified by ICANN, for the resolution of any disputes which might in theory arise during this period.

 

During the initial launch period, for no less than 60 days, a Trademark Claims Services system will be in place as required by ICANN. During this period there will be a notice sent to the prospective registrant of any domain name within the TLD, prior to its registration, should such domain name constitute an identical match of a mark registered in the Trademark Clearinghouse. Moreover the right owner or owners, as recorded in the Trademark Clearinghouse, will be informed once any such domain name has been registered following this event.

 

 

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

 

FLSmidth A⁄S does not expect there to be multiple applications for a particular domain name. FLSmidth A⁄S will be the sole registrant of all domains in the TLD and will decide the most appropriate use for each domain, in the interests of Internet users who wish to interact or communicate with FLSmidth.

 

This single-registrant system will ensure that the TLD remains a tightly controlled, safe space for Internet users, and that the network of registrations remains well-organized. These protections will naturally inure to the benefit of the Internet users who visit and utilize the TLD’s network of websites.

 

 

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

 

As outlined above, all domain name registrations in the TLD space will be held by the applicant Company itself and pricing (if any) of domain registrations will be a matter of FLSmidth A⁄S policy.

 

 

iii) Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation?

 

As noted above, FLSmidth A⁄S will be the sole registrant of all domains in the TLD. Accordingly, the Company does not intend to make any commitments regarding the magnitude of price escalation.

 

 

A full text draft version of the anticipated Domain Name Registration and Usage Policy for the TLD is provided below.

 

DRAFT Domain Name Registration and Use Policy for “.FLSMIDTH”

 

  1. General principles

 

  1. Purpose

 

The Top Level Domain (ʺTLDʺ) established by and for the use of FLSmidth A⁄S. The Company will, with the advice and assistance of the Registry Service Provider KSregistry GmbH and relevant governmental bodies, develop, maintain and enforce effective TLD management strategies to manage the TLD space. This Policy is intended to be updated and revised regularly to reflect the needs of FLSmidth A⁄S. The current version of this Policy will be made publicly available at: www.registry.flsmidth

 

The registration of domain names within the TLD shall be restricted to FLSmidth A⁄S itself, thus following a single-registrant model.

 

  1. Registration Policy

 

As indicated above, the TLD space will follow a single-registrant model. Thus, FLSmidth A⁄S shall be the only entity eligible to register domain names within the TLD.

 

  1. Domain Allocation Rules

 

  1. String Requirements and Reserved Names

 

String Requirements

 

Second-Level Domain names within the TLD must only include hyphens in the third and fourth position if they represent valid internationalized domain names in their ASCII encoding (for example ʺxn--ndk061nʺ), and must otherwise comply with any other applicable ICANN requirements.

 

Reserved Names

 

  1. The label “EXAMPLE” shall be reserved at the second level and at all other levels within the TLD at which Registry Operator makes registrations.

 

  1. Two-character labels. All two-character labels shall be initially reserved. The reservation of a two-character label string may be released to the extent that Registry Operator reaches agreement with the government and country-code manager. The Registry Operator may also propose release of these reservations based on its implementation of measures to avoid confusion with the corresponding country codes.

 

  1. Second-Level Reservations for Registry Operations. The following names are reserved for use in connection with the operation of the registry for the TLD: NIC, WWW, IRIS and WHOIS.

 

  1. The List of Reserved Names shall be compiled by FLSmidth A⁄S and will be publicly posted online at: www.registry.flsmidth

 

The Company reserves the right to include new names in the list of reserved names.

 

Country and Territory Names

 

The country and territory names contained in the following internationally recognized lists shall be initially reserved at the second level and at all other levels within the TLD at which the Registry Operator provides for registrations:

 

  1. The short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time to time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union 〈http:⁄⁄www.iso.org⁄iso⁄support⁄country_codes⁄iso_3166_code_lists⁄iso-3166-1_decoding_table.htm#EU〉;

 

  1. the 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; and

 

  1. 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; provided, that the reservation of specific country and territory names may be released to the extent that Registry Operator reaches agreement with the applicable government(s), provided, further, that Registry Operator may also propose release of these reservations, subject to review by ICANN’s Governmental Advisory Committee and approval by ICANN.

 

  1. Registration Period and Renewals

 

A domain name within the TLD may be registered, and renewed at the end of each registration period, subject to the current terms and conditions offered by the concerned Registrar.

 

  1. Acceptable Usage Guidelines for the TLD

 

  1. Acceptable Use

 

The TLD space is intended to function as the online corporate branding platform for FLSmidth, and as such the registrations therein should generally support the goals and mission of the Company. FLSmidth A⁄S intends that no domain name in the TLD shall be used in a manner which:

 

- infringes any other third parties rights,

- is in breach with any applicable laws, government rules or requirements

 

or for the purposes of:

 

- undertaking any illegal or fraudulent actions, including spam or phishing activities, or

- defaming FLSmidth A⁄S or its businesses, parent company, affiliates, subsidiaries, employees, etc.

 

The Legal Department of FLSmidth A⁄S will routinely monitor the use of all domain names registered in the TLD space to ensure that the content displayed thereon is in the best interests of the Company and its business endeavours.

 

  1. Dispute Resolution Policies

 

  1. Uniform Domain Name Dispute Resolution Policy (ʺUDRPʺ)

 

The Uniform Domain Name Dispute Resolution Policy (ʺUDRPʺ) shall apply to any challenges to registered domain names on the grounds that: 1) such domain names are identical or confusingly similar to a trademark in which the complainant has rights, 2) the registrant lacks rights or legitimate interests in the domain name, and 3) the domain name has been registered and used in bad faith. The full text of the UDRP is located at the following address: http:⁄⁄www.icann.org⁄dndr⁄udrp⁄policy.htm.

 

  1. Uniform Rapid Suspension System (“URS”)

 

The Uniform Rapid Suspension System (“URS”) shall apply to any challenges to registered domain names on the grounds that: 1) such domain names are identical or confusingly similar to a trademark in which the complainant has rights, 2) the registrant lacks rights or legitimate interests in the domain name, and 3) the domain name has been registered and used in bad faith. The full text of the URS is located at the following address: [insert website when available].

 

  1. Trademark Post-Delegation Dispute Resolution Procedure (Trademark PDDRP)

 

The Company’s Registry Service Provider for the TLD space, KSregistry, shall agree to be bound by the Trademark Post-Delegation Dispute Resolution Procedure (Trademark PDDRP). The Trademark PDDRP applies to challenges by trademark holders claiming that one or more of its marks have been infringed, and thereby the trademark holder has been harmed, by the registry operator’s manner of operation or use of the gTLD. The full text of the Trademark PDDRP is located at the following address: [insert website when available].