.DUPONT New gTLD Application
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New gTLD Application Submitted to ICANN by: E.I. du Pont de Nemours and Company
Application Downloaded On: 11 Sep 2015
String: DUPONT
Application ID: 1-1300-88322
Applicant Information
- Full legal name
E.I. du Pont de Nemours and Company
- Address of the principal place of business
1007 Market Street Wilmington, Delaware - 19898 US
- Phone number
+1 302 774 1000
- Fax number
+1 302 999 4399
- If applicable, website or URL
http://www.dupont.com
Primary Contact
6(a). Name
Christopher Niemi
6(b). Title
Manager, Domain Services
6(c). Address
6(d). Phone Number
+1 208 685 1857
6(e). Fax Number
+1 208 389 5771
6(f). Email Address
Secondary Contact
7(a). Name
Karen Galbraith
7(b). Title
IT Security Specialist
7(c). Address
7(d). Phone Number
+1 302 992 2941
7(e). Fax Number
+ 1 302 992 4072
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Corporation
8(b). State the specific national or other jurisdiction that defines the type of entity identified in 8(a).
United States (Delaware)
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.
New_York_Stock_Exchange / DD
9(b). If the applying entity is a subsidiary, provide the parent company.
9(c). If the applying entity is a joint venture, list all joint venture partners.
Applicant Background
11(a). Name(s) and position(s) of all directors
Name
Position
Alexander M. Cutler Chairman and Chief Executive Officer of Eaton Corporation
Edward D. Breen Chairman, Tyco International plc
Eleuthere I. du Pont II President, Longwood Foundation
Ellen J. Kullman Chair of the Applicant’'s Board and Chief Executive Officer
Erik T. Hoover Associate General Counsel and Corporate Secretary
James L. Gallogly Former Chairman of the Management Board and CEO, LyondellBasell Industries N.V.
Lamberto Andreotti Chairman of the Board, Bristol-Myers Squibb
Lee M. Thomas Former Chairman and Chief Executive Officer – Rayonier
Lois D. Juliber Former Vice Chairman, Colgate-Palmolive Company
Marilyn A. Hewson Chairman, President and Chief Executive Officer – Lockheed Martin Corporation
Patrick J. Ward Chief Financial Officer, Cummins Inc.
Robert A. Brown President of Boston University
Ulf M. Schneider President and CEO of Fresenius SE & Co. KGaA
11(b). Name(s) and position(s) of all officers and partners
Name
Position
Benito Cachinero Senior Vice President – DuPont Human Resources
Douglas W. Muzyka Senior Vice President and Chief Technology Officer
Ellen J. Kullman Chair of the Applicant’s Board and Chief Executive Officer
James C. Borel Executive Vice President
James C. Collins Executive Vice President
Mark P. Vergnano Executive Vice President
Matthew L. Trerotola Executive Vice President
Nicholas C. Fanandakis Executive Vice President and Chief Financial Officer
Phuong Tram Chief Information Officer
Stacy L. Fox Senior Vice President and General Counsel
Timothy P. McCann Vice President – DuPont Integrated Business Management
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
11(d). For an applying entity that does not have directors, officers, partners, or shareholders: Name(s) and position(s) of all individuals having legal or executive responsibility
Applied-for gTLD string
- Provide the applied-for gTLD string. If an IDN, provide the U-label.
DUPONT
14A. If applying for an IDN, provide the A-label (beginning with "xn--").
14B. If an IDN, provide the meaning, or restatement of the string in English, that is, a description of the literal meaning of the string in the opinion of the applicant.
14C1. If an IDN, provide the language of the label (in English).
14C2. If an IDN, provide the language of the label (as referenced by ISO-639-1).
14D1. If an IDN, provide the script of the label (in English).
14D2. If an IDN, provide the script of the label (as referenced by ISO 15924).
14E. If an IDN, list all code points contained in the U-label according to Unicode form.
15A. If an IDN, upload IDN tables for the proposed registry. An IDN table must include:
the applied-for gTLD string relevant to the tables,
the script or language designator (as defined in BCP 47),
table version number,
effective date (DD Month YYYY), and
contact name, email address, and phone number.
Submission of IDN tables in a standards-based format is encouraged.
15B. Describe the process used for development of the IDN tables submitted, including consultations and sources used.
15C. List any variants to the applied-for gTLD string according to the relevant IDN tables.
- 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.
As is the case with any new TLD that is added to the DNS root zone, some general technical acceptance issues with the delegation of this TLD are expected. The back-end registry services provider selected by the Applicant has a significant experience in introducing new TLDs to the DNS root, including .BIZ, .US, and – more recently – .CO.
Following discussions with various domain name experts, we have not been able to determine any particular issues with respect to the applied-for gTLD, since:
- the string is entirely in Standard US ASCII characters;
- the length of the string is within the acceptable range of characters, as set out by ICANN;
- similar strings of the same nature have been successfully introduced in the root, including the TLDs referred to above, without the registry operator, registrars, registrants or Internet users having experienced technical, operational or rendering issues with respect to this string.
Therefore, the Applicant is of the opinion that there are no particular operational or rendering problems to be expected in relation to the applied-for gTLD string.
- OPTIONAL.
Provide a representation of the label according to the International Phonetic Alphabet (http://www.langsci.ucl.ac.uk/ipa/).
18A. Describe the mission/purpose of your proposed gTLD.
The Applicant, E.I. du Pont de Nemours and Company (“DuPont”), is the parent company of a multinational organization that has been bringing world-class science and engineering to the global marketplace in the form of innovative products, materials, and services since 1802.
For a more detailed overview of DuPont, its products and services, please see: www.dupont.com.
According to the Applicant, the mission and purpose of the .DUPONT TLD are manifold. Broadly speaking the mission and purpose can be divided into security and convenience related issues. The security related issues relate to the Applicant’s objective of providing a platform for secure electronic communication and trusted transactions on the Internet. Some of the most important purposes of the .DUPONT TLD can be described as follows:
- SUPPORT INTERNATIONALIZATION. First and foremost, the purpose of the .DUPONT TLD is securing and protecting the Applicant’s key brand (“DUPONT”). The gTLD will provide a global platform for its key brand and enable the Applicant to offer more trustworthy transactions worldwide.
- SUPPORT NAVIGATION⁄ORIENTATION. The .DUPONT TLD will reflect the DUPONT brand at the top level of the DNS’ hierarchy. It will also provide a secure and trusted platform for electronic communication and transactions on the Internet with various features and⁄or functions.
- gTLD AS A SEAL OF QUALITY. The .DUPONT TLD will provide stakeholders of the Applicant with a recognizable and trusted identifier on the Internet. Such stakeholders may include, but are not limited to:
- subsidiaries in various countries;
- official dealers, distributors and retailers of DUPONT’s products and services;
- affiliate partners;
- sponsorships;
- prospective and current customers; and
- directors and officers of DuPont and its subsidiaries, including about 60,000 employees.
- gTLD AS A UNIQUE SELLING PROPOSITION. The .DUPONT TLD will provide 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 DuPont and its approved stakeholders.
18B. How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
DuPont intends to organize the registry operation for the .DUPONT TLD in such a manner that it will minimize the likelihood of having multiple applications or registration requests for a particular domain name.
According to DuPont, 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 .DUPONT TLD to DuPont:
- DUPONT is Applicant’s distinctive and most recognized household and ingredient brand;
- From the Applicant’s perspective, .DUPONT 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 the gTLDs (or even ccTLDs) has disappeared, the .DUPONT top-level domain is currently intended to be unambiguous as regards:
- the identity of DuPont as the Registry Operator;
- the source of the content and services offered under the .DUPONT TLD;
- the affiliation between the Registry Operator and the TLD; and
- at the discretion of DuPont, the affiliation between the Registry Operator and any third party that is authorized by DuPont to register and⁄or use one or more domain name registrations in the .DUPONT TLD.
- As mentioned in the vision and mission statement above, the key reasons why Applicant is applying for .DUPONT include but are not limited to:
- Securing and protecting the DUPONT brand as a generic top-level domain.
DuPont holds various registered trademarks in many jurisdictions for DUPONT. The main reason for which DuPont submits this application for the .DUPONT TLD is that it wants to prevent third parties from securing the TLD that is identical to DuPont’s highly distinctive and reputable brand.
- Marketing and branding: DuPont intends the .DUPONT TLD to reflect the Applicant’s key brand DUPONT at the top-level of the DNS’ hierarchy;
- Safety and security; and
- Implement measures – in the near or distant future – to mitigate counterfeiting and piracy.
- The Applicant intends to implement the following policies and procedures with respect to the registration of domain names in the .DUPONT top-level domain:
- Reservation and registration of domain names in the name of DuPont. It is likely that this will be the scenario that DuPont will put in place during the first months or even years of operation of the .DUPONT TLD.
These names may include, but are not limited to:
- descriptive names, referring to the actual day-to-day business activities of the Applicant or its Affiliates;
- descriptive names, referring to the internal departments of the Applicant;
- descriptive names, referring to the subsidiaries, affiliates and⁄or joint ventures of the Applicant;
- potentially also names relating to other stakeholders of DuPont, to be determined by DuPont following ICANN’s award and delegation of the .DUPONT TLD to DuPont;
- etc.
- 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 DuPont will set at its own discretion, may register domain names in the .DUPONT TLD. These processes may include the following:
- Sunrise: allow physical persons, organizations and entities that meet the eligibility requirements determined by DuPont at that point in time to choose and, where allowed by DuPont, to register the domain names that are identical to their trademarks;
- 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 TLD, 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 TLD (i.e., DuPont). In any case, DuPont reserves the right to impose additional and other restrictions from time to time at its sole discretion;
- Given the fact that the Applicant is a company that is established in many countries, it is subject to various national privacy and data protection rules and practices. In particular, given the fact that many data protection authorities have issued strict guidelines, DuPont will at all times be obliged to carefully consider and, where applicable, implement these policies, prior to and during the operation of the .DUPONT TLD.
- The Applicant is a corporation that has been established in and has been trading under the DUPONT brand since its establishment in 1802.
At this stage, DuPont has not developed concrete and tangible plans in order to move its online activities from its dupont.com and many other active domain names used by DuPont and its subsidiaries, affiliates and joint ventures. However, the Applicant has different ways in order to make existing and future customers, visitors and stakeholders aware of the (gradual) development of a new online environment under the .DUPONT TLD may include, but are not limited to:
- Direct and indirect marketing and branding initiatives;
- By way of brochures and advertisements in newspapers, magazines, etc.;
- Internet advertising campaigns, including paid search, pay-per-click advertising, etc.;
- Having Internet traffic to the dupont.com or other domain names resolving into domain names registered in the .DUPONT TLD, which builds awareness with Internet users that the .DUPONT TLD exists;
- etc.
18C. What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)? What other steps will you take to minimize negative consequences/costs imposed upon consumers?
In line with the mission and purpose for the .DUPONT TLD, it is first and foremost important for DuPont to safeguard and protect its DUPONT 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 .DUPONT TLD to DuPont 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 .DUPONT TLD.
DuPont intends to 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:
During the initial months and years following delegation, the .DUPONT TLD is envisioned to be a “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 DuPont or – insofar and to the extent DuPont deems appropriate – an Affiliate will not be entitled to register domain names in the .DUPONT TLD.
DuPont believes this to be in line with two of the main elements in its vision and mission statement, namely:
- Protecting and safeguarding the DUPONT brand and its reputation, by keeping full control over the entire operation of the .DUPONT registry and every domain name registered therein; and
- Guaranteeing to the key stakeholders of DuPont who are interacting with DuPont and, as the case may be, its Affiliates, that by using domain name registrations in .DUPONT 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 .DUPONT TLD in the first place.
However, even if only DuPont (and, as the case may be, Affiliates of DuPont) 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 .DUPONT TLD.
In order to avoid these risks, DuPont intends to implement the following policies and processes:
First, the domain names to be registered by DuPont and, as the case may be, its Affiliates, will likely relate to the following:
- registered trademarks of DuPont;
- names of the Affiliates of DuPont;
- names of departments within DuPont and its Affiliates;
- etc.
Furthermore, DuPont envisages registering a fair number of generic words that are directly or indirectly related to the day-to-day business activities and operations of DuPont and its Affiliates.
DuPont will review any domain name that is not generic or a DuPont⁄affiliate owned trademark before registering so that it may insure that third party rights are not infringed.
In any case, DuPont will claim to have a legitimate interest in these domain names, as they are merely descriptive of the activities, products or services of DuPont 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, DuPont will follow the processes and procedures established by ICANN and the Governmental Advisory Committee.
If DuPont would determine, at its sole discretion, that it will gradually allow certain categories of stakeholders to register domain names in the .DUPONT TLD in their own name, DuPont will devise policies to that effect.
However, DuPont 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 .DUPONT TLD, including their criteria for qualification;
- the choice of domain name(s) registered in the .DUPONT TLD by and per such eligible stakeholder (category);
- the use made by an eligible stakeholder of a domain name registered in the .DUPONT TLD;
- the transfer of domain names registered in .DUPONT;
- etc.
DuPont 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 DuPont 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 .DUPONT 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, DuPont 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 DUPONT brand would be damaged.
The Applicant intends to make the .DUPONT 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 .DUPONT TLD, the fee will be set at a cost-recovery or arm’s length basis, to be determined at that time by the Registry.
If DuPont 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.