.IPIRANGA New gTLD Application

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New gTLD Application Submitted to ICANN by: Ipiranga Produtos de Petroleo S.A.

String: IPIRANGA

Originally Posted: 13 June 2012

Application ID: 1-1047-90306

 

Applicant Information

 

  1. Full legal name

Ipiranga Produtos de Petroleo S.A.

 

  1. Address of the principal place of business

Rua Francisco Eugenio, 329

Sao Cristovao

Rio de Janeiro RJ 20941-900

BR

 

  1. Phone number

+55 21 2574 5858

 

  1. Fax number

+55 21 2569 4886

 

  1. If applicable, website or URL

http:⁄⁄www.ipiranga.com.br

 

Primary Contact

 

6(a). Name

Mr. Winston Fuhriman

 

6(b). Title

Domain Services Manager

 

6(c). Address

 

6(d). Phone Number

+1 208 685 1872

 

6(e). Fax Number

+1 208 389 5771

 

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. Pedro Bezerra de Menezes Carreirao da Silva

 

7(b). Title

Web Marketing Analyst

 

7(c). Address

 

7(d). Phone Number

55 21 2574 5109

 

7(e). Fax Number

55 21 2569 4886

 

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

Joint stock company

 

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

Brazil

 

8(c). Attach evidence of the applicant's establishment.

Attachments are not displayed on this form.

 

9(a). If applying company is publicly traded, provide the exchange and symbol.

 

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

Ultrapar Participacoes S.A.

 

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

FLAVIO COELHO DANTAS COMMERCIAL DIRECTOR

JERONIMO JOSE MERLO DOS SANTOS RETAIL & MARKETING DIRECTOR

JOSE AUGUSTO DUTRA NOGUEIRA OPERATIONS DIRECTOR

JOSE MANUEL ALVES BORGES ADMINISTRATION & CONTROL DIRECTOR

LEOCADIO DE A ANTUNES FILHO SUPERINTENDENT DIRECTOR

MIGUEL LACERDA DE ALMEIDA DIRECTOR  LUBRIFICANTS

RICARDO CARVALHO MAIA MARKETING DIRECTOR

 

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

GUIDO ROGERIO M SILVEIRA FILHO GENERAL LEGAL MANAGER

JAYME HENRIQUE SIPPEL GENERAL HUMAN RESOURCES MANAGER

 

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

Ultrapar Participacoes S.A. 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.

IPIRANGA

 

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.

To the Applicant’s best knowledge and belief, there are no operational or rendering problems concerning the applied-for gTLD string.

 

  1. (OPTIONAL) Provide a representation of the label according to the International Phonetic Alphabet (http://www.langsci.ucl.ac.uk/ipa/).

ipiˈrɑŋɑ

 

Mission/Purpose

 

18(a). Describe the mission/purpose of your proposed gTLD.

Ipiranga Produtos de Petroleo S.A. (hereinafter: “Ipiranga”) is a joint stock company, duly established and validly existing under the laws of Brazil, with headquarters at Rua Francisco Eugenio, 329, Sao Cristovao, Rio de Janeiro (Brazil).

 

Ipiranga was founded in 1937.  It is one of the largest oil distribution companies in Brazil and is the largest private player in the Brazilian fuel distribution market, with nationwide coverage and a network of approximately 5,900 service stations. Most of these service stations also include convenience stores.  Fuels distributed by Ipiranga include diesel, gasoline, ethanol, natural gas for vehicles (NGV), fuel oil and kerosene.  Ipiranga also distributes lubricants. Through a differentiated relationship with its resellers, Ipiranga offers complementary products and services in the retail market.

 

Ipiranga’s operations also include a successful, promotion-based e-commerce website ipirangashop.com; a loyalty program called “Km de Vantagens”; and a branded credit card.  The loyalty program includes seven million participants and connects online and offline products, which include products offered in the convenience stores.

 

Ipiranga holds various trademarks in Brazil to protect its brand.  Its trademarks in Brazil for the term “ipiranga” include the following:

 

 

Number: 1

TRADEMARK TYPE: Design Mark

YEAR GRANTED:  1966

PRODUCT AND⁄OR SERVICE:  Lubricating oils, grease and fuel in general, etc.

 

Number: 2

TRADEMARK TYPE: Word Mark

 YEAR GRANTED:  1988

PRODUCT AND⁄OR SERVICE: Lubricating oils, grease and fuel in general, etc.

 

Number: 3

TRADEMARK TYPE: Word Mark

YEAR GRANTED: 1991

PRODUCT AND⁄OR SERVICE:  Advertising, business administration, etc.

 

Number: 4

TRADEMARK TYPE: Design Mark

YEAR GRANTED: 1997

PRODUCT AND⁄OR SERVICE:  Communication services, advertising, transportation, storage, packaging, etc.

 

Number: 5

TRADEMARK TYPE: Design Mark

YEAR GRANTED:  1996

PRODUCT AND⁄OR SERVICE:  Architecture, engineering, technical designs, construction, repair, maintenance and cleaning services for vehicles, motors and parts, etc.

 

Ipiranga also holds various trademarks in South America to protect its brand.  For example, Ipiranga has registered an “ipiranga” word mark in Paraguay.  

 

Additionally, Ipiranga holds domain names to protect its brand. Ipiranga registered ipiranga.com.br in 1996 and  ipiranga.net.br in 2009.

 

Ipiranga has invested significant resources to make its brand well-known to consumers.  Indeed, Ipiranga has received the following recognitions:   

The Applicant has been considered the Most Remembered and Preferred Trademark in the field of oil distribution in the State of Rio Grande do Sul and the Second Most Remembered and Preferred Trademark in this field in Brazil, for 8 years.

 

Ipiranga has also been recognized as The Most Well-Known and Preferred Brand in the field of fuels.  Fortune magazine recently recognized Ultrapar Participacoes S.A., the parent company of Ipiranga, as the fifth most admired company in the world in the energy sector.  A search of the term “ipiranga” at the Commerce Board of the State of Sao Paulo (Junta Comerical do Estado de Sao Paulo) results in almost 1,300 companies.  Thus, these recognitions are significant and demonstrate Ipiranga’s large investment to achieve brand recognition.

 

Ipiranga continues to invest significant resources to promote its brand online.  Ipiranga is present on Twitter, Facebook, YouTube and other sites and social media networks.

 

Against this background, the mission and purpose of the .IPIRANGA gTLD are manifold, as will be further explained below:

 

  1. first and foremost: securing and protecting the Applicant’s key brand (“IPIRANGA”) as a gTLD;

 

  1. reflecting the IPIRANGA brand at the top level of the DNS’ hierarchy;

 

  1. providing stakeholders of the Applicant with a recognizable and trusted identifier on the Internet. Such stakeholders include, but are not limited to:

 

* its subsidiaries in various countries;

* about 8.000 official dealers and retailers of Ipiranga’s products and services;

* affiliate partners;

* sponsors;

* prospective and current customers; and

* directors and officers of Ipiranga and its subsidiaries, including close to 85,000 employees;

 

  1. providing such stakeholders with a secure and safe Internet environment, under the control of the Applicant, in which they are able to obtain information from and communicate with the Applicant and where they are able to obtain genuine information provided by Ipiranga and its approved stakeholders; and

 

  1. using social communities to increase brand awareness and consumer trust.

 

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

Ipiranga intends to organize the registry operation for the .IPIRANGA gTLD in such a manner that it will minimize the likelihood of having multiple applications or registration requests for a particular domain name.

 

According to Ipiranga, this can be achieved in any of the following ways, which likely needs to be further refined following ICANN’s award and delegation of the .IPIRANGA gTLD to Ipiranga:

 

  1. IPIRANGA is Applicant’s distinctive and most recognized household brand;

 

  1. From the Applicant’s perspective, .IPIRANGA may bring a high degree of recognition and specialization to the currently existing name space. Where in most cases the specific connotation that has been initially given to gTLDs (or even ccTLDs) has disappeared, the .IPIRANGA top-level domain is currently intended to be unambiguous as regards:

 

* the identity of the Ipiranga as the Registry Operator;

* the source of the content and services offered under the .IPIRANGA gTLD;

* the affiliation between the Registry Operator and the gTLD; and

* in term, and at the discretion of Ipiranga, the affiliation between the Registry Operator and any third party that is authorized by Ipiranga to register and⁄or use one or more domain name registrations in the .IPIRANGA gTLD.

 

  1. As mentioned in the vision and mission statement above, the key reasons why the Applicant is applying for .IPIRANGA include, but are not limited to:

 

  1. Securing and protecting the IPIRANGA brand as a generic top-level domain;

 

As discussed in the answer to 18(a), Ipiranga holds registered trademarks and domain names related to the IPIRANGA brand and has invested and continues to invest significantly in the IPIRANGA brand. The main reason for which Ipiranga submits this application for the .IPIRANGA gTLD is that it wants to prevent third parties from securing the gTLD that is identical to Ipiranga’s highly distinctive and reputable brand.  

 

There are companies in other industries in Brazil that own trademarks related to the term “ipiranga.”  These companies and a description of their “ipiranga” trademarks are listed below:

 

NUMBER:  1

COMPANY: Indústria de Rendas Ipiranga Ltda.

TRADEMARK TYPE: Word Mark  

YEAR GRANTED: 1969

PRODUCT AND⁄OR SERVICE: Clothing

 

NUMBER: 2

COMPANY: Ipiranga Aços Especiais S⁄A

TRADEMARK TYPE: Work Mark

YEAR GRANTED: 1982

PRODUCT AND⁄OR SERVICE:   Architecture, engineering, technical designs, construction, treatment of materials, etc.

 

NUMBER: 3

COMPANY: Ipiranga Aços Especiais S⁄A

TRADEMARK TYPE: Word Mark

YEAR GRANTED: 1986

PRODUCT AND⁄OR SERVICE: Services complementary to the commerce of goods, including imports and exports, etc.

 

NUMBER: 4

COMPANY: Ipiranga Asfaltos S⁄A                

TRADEMARK TYPE: Word Mark

YEAR GRANTED: 1989

PRODUCT AND⁄OR SERVICE: Construction material.

 

NUMBER: 5

COMPANY: Tropical Transportes Ipiranga Ltda.         

TRADEMARK TYPE: Word Mark

YEAR GRANTED: 1990

PRODUCT AND⁄OR SERVICE:  Communication services, advertising, transportation, storage, packaging, etc.

 

NUMBER: 6

COMPANY: S M Calvetti Krubniki ME

TRADEMARK TYPE: Design Mark

YEAR GRANTED: In progress (Filed in 2003)

PRODUCT AND⁄OR SERVICE: Clothing

 

NUMBER: 7

COMPANY: Distribuidora de Doces Ipiranga Ltda.     

TRADEMARK TYPE: Design Mark

YEAR GRANTED: In progress (Filed in 2003)

PRODUCT AND⁄OR SERVICE: Sweets, candy, cookies, advertising, business administration, etc.

 

NUMBER: 8

COMPANY: Oficina Ipiranga Ltda ME

TRADEMARK TYPE: Word Mark

YEAR GRANTED:  2009

PRODUCT AND⁄OR SERVICE: Games, toys, gymnastics and sporting goods, etc.

 

NUMBER: 9

COMPANY: Oficina Ipiranga Ltda ME

TRADEMARK TYPE: Word Mark   

YEAR GRANTED:  2009

PRODUCT AND⁄OR SERVICE: Advertising, business administration for the commerce of sporting goods.

 

Third parties have also registered domain names related to the term “ipiranga.”  These registered domain names include ipiranga.com, ipiranga.net and ipiranga.info.  In fact, Ipiranga was involved in an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) against the registrant, Domain Admin, Mrs. Jello, LLC, of ipiranga.com as discussed the answer to question 11(g).  ipiranga.biz exists, and while not currently registered, it could be registered to a third party in the future.   

 

Ipiranga seeks to protect its brand from third parties, including “ipiranga” trademark holders and domain name registrants, who may wish to trade on the good name of the IPIRANGA brand by securing the .IPIRANGA gTLD.  Ipiranga also seeks to avoid any confusion that may result from another entity holding the .IPIRANGA gTLD.  Securing the .IPIRANGA gTLD is a logical extension of Ipiranga’s continued investment in protecting and promoting its brand both offline and online.

 

  1. Marketing and branding: reflecting the Applicant’s key brand IPIRANGA at the top-level of the DNS’ hierarchy;

 

  1. Safety and security; and

 

  1. Implementing measures – in the near or distant future – to mitigate counterfeiting and piracy.

 

  1. The Applicant intends to implement the following policies and procedures with respect to the registration of domain names in the .IPIRANGA top-level domain:

 

(i) reservation and registration of domain names in the name of Ipiranga. It is likely that this will be the scenario that Ipiranga will put in place during the first months or even years of operation of the .IPIRANGA gTLD.

 

These names may include, but are not limited to:

  1. descriptive names, referring to the actual day-to-day business activities of the Applicant or its Affiliates;
  2. descriptive names, referring to the internal departments of the Applicant;
  3. descriptive names, referring to the subsidiaries, and affiliates and⁄or joint ventures in which the Applicant is participating; and
  4. potentially also names relating to other stakeholders of Ipiranga, to be determined by Ipiranga following ICANN’s award and delegation of the .IPIRANGA gTLD to Ipiranga.

    

(ii) launch of the TLD: if and when implemented by the Registry Operator, this is likely going to be a gradual process, whereby selected third parties that meet certain criteria, which Ipiranga will be entitled to set at its own discretion, may register domain names in the .IPIRANGA gTLD. These processes may include the following:

 

  1. Sunrise: allow physical persons, organizations and entities that meet the eligibility requirements determined by Ipiranga at that point in time to choose and, where allowed by Ipiranga, to register the domain names that are identical to their trademarks;

 

  1. Land rush and general availability: other available domain names may be registered by physical persons, organizations and entities that meet the eligibility requirements in force at that point in time to choose the domain names in accordance with the applicable terms and conditions.

 

Depending on the terms and conditions in force at the time of launch of the gTLD, these domain names may or may not be registered in the name of the applicant for the domain name or in the name of the Registry Operator of the gTLD (i.e., Ipiranga). In any case, Ipiranga reserves the right to impose additional and other restrictions from time to time at its sole discretion.

 

  1. Given the fact that the Applicant is a company that is established in Brazil, it is subject to national privacy and data protection rules and practices. In particular, given the fact that the Brazilian data protection authorities have issued strict guidelines, Ipiranga will at all times be obliged to carefully consider and, where applicable, implement these policies, and this prior to and during the operation of the .IPIRANGA gTLD.

 

  1. The Applicant is a corporation that has been established in and has been trading under the IPIRANGA brand since 1937.

 

At this stage, Ipiranga has not developed concrete and tangible plans in order to move its online activities from ipiranga.com.br and ipiranga.net.br used by Ipiranga and its subsidiaries, and affiliates and joint ventures in which the Applicant is involved. However, the Applicant has different ways to make existing and future customers, visitors and stakeholders aware of the (gradual) development of a new online environment under the .IPIRANGA TLD, including but not limited to:

 

  1. Direct and indirect marketing and branding initiatives;
  2. Brochures and advertisements in newspapers, magazines, etc.;
  3. Internet advertising campaigns, including paid search, pay-per-click advertising, etc.;
  4. Having Internet traffic to ipiranga.com.br and ipiranga.net.br resolving into domain names registered in the .IPIRANGA gTLD, which builds awareness with Internet users that the .IPIRANGA gTLD exists; and
  5. Email marketing campaigns.

 

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

In line with Ipiranga’s mission and purpose for the .IPIRANGA gTLD, it is first and foremost important for Ipiranga to safeguard and protect its IPIRANGA trademark at the top level of the DNS’ hierarchy. Such protection does not only extend to the actual registration, delegation and use of the TLD, but also to the domain names that are registered therein, and how these domain names are used.

 

Considering the fact that the actual award and delegation of the .IPIRANGA gTLD to Ipiranga is subject to the successful evaluation of our application, we have not yet defined in detail:

 

* the types of domain names that will be registered;

* who will be entitled to select which domain names will be registered;

* who will be entitled to register such domain names;

* who will be entitled to use such domain names; and

* which types of use will be allowed or recommended.

 

As we believe that the development and implementation of one or more business cases could likely take a couple of months or even years, we have only focused on a number of high-level characteristics of our plans in relation to the operation of the .IPIRANGA gTLD.

 

By all means, it is in Ipiranga’s vested interest to, on the one hand, make the most of this initiative, promote its own business interests, and mitigate risks for its brand and brand reputation, whilst also reducing the (social) costs for others.

 

In this context, we will devise policies that encompass and comprise the following features:

 

At least during the initial months or even years following the delegation of the .IPIRANGA gTLD to Ipiranga, this extension is likely going to be a so-called “single registrant TLD” as contemplated by ICANN in Article 4.5 of the template Registry Operator Agreement (“Transition of Registry upon Termination of Agreement”). For the avoidance of doubt, a “single registrant TLD” is a TLD where “(i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for its own exclusive use, and (ii) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator.”

 

Therefore, parties who are not Ipiranga or – insofar and to the extent Ipiranga deems appropriate – an Affiliate will not be entitled to register domain names in the .IPIRANGA gTLD.

 

Ipiranga believes this to be in line with two of the main elements in its vision and mission statement, namely:

 

* Protecting and safeguarding the IPIRANGA brand and its reputation, by keeping full control over the entire operation of the .IPIRANGA registry and every domain name registered therein; and

 

* Guaranteeing to Ipiranga’s key stakeholders who are interacting with Ipiranga and, as the case may be, its Affiliates, by using domain name registrations in .IPIRANGA that they are in fact interacting with the brand owner or its authorized Affiliates.

 

Consequently, there will be no (social) costs for non-eligible (third) parties, given the fact that they will be unable to register domain names in the .IPIRANGA gTLD in the first place.

 

However, even if only Ipiranga (and, as the case may be, Ipiranga’s Affiliates) will be entitled to register domain names, this does not exclude the hypothesis that disputes may arise with one or more third parties as regards domain names that are registered in the .IPIRANGA gTLD.

 

In order to avoid these risks, Ipiranga intends to implement the following policies and processes:

 

First, the domain names to be registered by Ipiranga and, as the case may be, its Affiliates, will likely relate to the following:

 

* registered trademarks of Ipiranga;

* names of the Affiliates of Ipiranga; and

* names of departments within Ipiranga and its Affiliates.

 

Furthermore, Ipiranga envisages registering a fair number of generic words that are directly or indirectly related to the day-to-day business activities and operations of Ipiranga and its Affiliates.

 

Prior to effectively registering such domain names in the .IPIRANGA gTLD, Ipiranga will require its legal and intellectual property department to review the list of these domain names on a regular basis in order to satisfy itself that they will not infringe the rights of third parties.

 

In any case, Ipiranga will claim to have a legitimate interest in these domain names, as they are merely descriptive of the activities, products or services of Ipiranga and⁄or its Affiliates. So even if one or more of these domain names would be protected by a registered trademark, held by a third party, it is likely that a claim under the Uniform Dispute Resolution Policy or Uniform Rapid Suspension policy will fail.

 

As regards the names referred to in Specification 5 to the template Registry Operator Agreement, Ipiranga will follow the processes and procedures established by ICANN and the Governmental Advisory Committee.

 

If Ipiranga would determine, at its sole discretion, that it will gradually allow certain categories of stakeholders to register domain names in the .IPIRANGA gTLD in their own name, Ipiranga will devise policies to that effect.

 

However, Ipiranga will at all times be entitled to restrict, limit or expand:

 

* the category or categories of stakeholders who will be entitled to register one or more domain names in the .IPIRANGA gTLD, including their criteria for qualification;

* the choice of domain name(s) registered in the .IPIRANGA gTLD by and per such eligible stakeholder (category);

* the use made by a stakeholder of a domain name registered in the .IPIRANGA gTLD; and

* the transfer of domain names registered in .IPIRANGA.

 

Ipiranga shall reserve the right to subject the registration or use of a domain name to internal approval processes and procedures, at each and every step of the domain name life cycle.

 

Given the fact that Ipiranga may release such available domain names post launch in a highly controlled manner, this also reduces the likelihood that two or more applicants qualify for the registration of the same domain name in the .IPIRANGA top-level domain;

 

As a method of last resort, and subject to the actual domain name registration policy adopted by the Registry Operator and in force at the time of registration, domain names will be allocated on a first-come, first-served basis.

 

In any event, Ipiranga reserves the right to change or restrict any policies, procedures and practices at any point in time if it is of the opinion that there would be a risk that the reputation of the IPIRANGA brand would be damaged.

 

The Applicant intends to make the .IPIRANGA top-level domain available to qualifying domain name registrants at no cost to them; if the Applicant ⁄ Registry Operator would be required to charge a fee for the registration of domain names under the .IPIRANGA gTLD, the fee will be set at a cost-recovery or arm’s length basis, to be determined at that time by the Registry.

 

If Ipiranga will be required to or would decide to increase the fees for the registration of domain names, such increases will keep pace with the cost-recovery or arm’s length character referred to above.