.fresenius New gTLD Application
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New gTLD Application Submitted to ICANN by: Fresenius Immobilien-Verwaltungs-GmbH
String: fresenius
Originally Posted: 13 June 2012
Application ID: 1-916-50890
Applicant Information
- Full legal name
Fresenius Immobilien-Verwaltungs-GmbH
- Address of the principal place of business
Else-Kröner-Straße 1
Bad Homburg 61352
DE
- Phone number
+49 6172 608 0
- Fax number
+49 6172 608 2251
- If applicable, website or URL
Primary Contact
6(a). Name
Mr. Dan Trampedach
6(b). Title
Partner ⁄ Geschäftsführer
6(c). Address
6(d). Phone Number
+41 79 831 9275
6(e). Fax Number
6(f). Email Address
Secondary Contact
7(a). Name
Mr. Jannik Skou
7(b). Title
Partner ⁄ Geschäftsführer
7(c). Address
7(d). Phone Number
+45 22275696
7(e). Fax Number
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Limited Liability Company (in German: GmbH)
8(b). State the specific national or other jursidiction that defines the type of entity identified in 8(a).
Germany ⁄ German 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.
9(b). If the applying entity is a subsidiary, provide the parent company.
Fresenius SE & Co. KGaA, Bad Homburg, Germany. DAX30 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
Dr. Karl-Dieter Schwab Geschäftsführer
Dr. Uta Klawitter Geschäftsführer
11(b). Name(s) and position(s) of all officers and partners
Dr. Karl-Dieter Schwab Geschäftsführer
Dr. Uta Klawitter Geschäftsführer
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
Fresenius SE & Co. KGaA 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
- Provide the applied-for gTLD string. If an IDN, provide the U-label.
fresenius
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.
- 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 “FRESENIUS” 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):
- 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).
- 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.
- User acceptance. Some websites⁄applications may refuse user acceptance of users entering a new gTLD not accepted by the website⁄application.
- 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.
- 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.
- 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.
- (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.
Fresenius Immobilien-Verwaltungs-GmbH (herein the “Applicant”) is a wholly-owned subsidiary of Fresenius SE & Co. KGaA (herein: “Fresenius” meaning “Parent Company”). Applicant has entered into an agreement with Fresenius to apply for and operate “.FRESENIUS” for the benefit of Fresenius and its several corporate divisions.
Fresenius traces its beginnings to the opening of the Hirsch Pharmacy in 1462, and was established under the name Fresenius in 1912. Around the world, the Fresenius companies have around 145,000 employees in over 100 countries. The companies saw combined earnings of over EUR 15 billion in 2010.
- The Fresenius Divisions
Fresenius provides medical solutions and cutting-edge patient care through four major service divisions, which function as wholly-owned subsidiary companies: Fresenius Medical Care, Fresenius Kabi, Fresenius Helios and Fresenius Vamed. Some additional information regarding each of these divisions, by way of background information, follows in this section.
A.1 Fresenius Medical Care
Fresenius Medical Care is the worldʹs leading provider of products and services for patients with chronic kidney failure, serving roughly 228,239 dialysis patients. This division maintains a network of 2,874 dialysis clinics located throughout North America, Europe, Latin America, Africa and the Asia-Pacific region.
A.2 Fresenius Kabi
The Fresenius Kabi division is a market leader in infusion therapy and clinical nutrition, and is a leading supplier of accessible, generic-formula drugs. Fresenius Kabi holds a leading position in Latin America and the Asia-Pacific markets, and focuses on therapy and care solutions for critically and chronically ill patients in both hospital and home-care settings. The division has more than 22,500 employees worldwide, a global network of around 55 sales organizations and roughly 60 production sites. In 2010, Fresenius Kabi achieved sales of € 3.67 billion and an operating profit (EBIT) of € 737 million.
A.3 Fresenius Helios
The Fresenius Helios group comprises one of the largest and most advanced hospital systems in Europe. This group contains two main subdivisions - Helios Kliniken GmbH, which specializes in acute medicine, and Wittgensteiner Kliniken GmbH, which focuses on rehabilitation. Additionally, the Helios Research Center provides structure and funding for the company’s clinical research activities, in cooperation with the Max Delbrück Center for Molecular Medicine (MDC), the Berlin Charité University Hospital and the University of Witten-Herdecke. Nine of the Helios group’s hospitals also serve as teaching institutions through partnerships with academic universities.
A.4 Fresenius Vamed
The Fresenius VAMED division is a leader in business and project management of health care facilities worldwide, including hospitals and health care centers as well as spas and wellness centers. The company’s headquartered in Vienna, Austria, has 3,100 of its own employees and is responsible for more than 13,000 employees worldwide. VAMED has completed more than 500 health care projects in 50 countries since its foundation in 1982.
Fresenius maintains trademark registrations for these brands in over 120 countries and provides its lifesaving medical products in more than 100 countries
- The Mission and Purpose of the “.FRESENIUS” space
Applicant intends to use the new TLD space to provide a comprehensive communications platform for Fresenius, serving its broad-ranging network of patients, researchers, affiliates, health care centers, and medical device production facilities. Through the “.FRESENIUS” TLD, Fresenius and its many subsidiaries and affiliates will be able to showcase their joint achievements, identify their available services and products, and provide the most up-to-date, comprehensive information available to their patients and Internet visitors. This space may act as a point of contact for many first-time patients, physicians, journalists, investors, analysts and the general public who may be unfamiliar with Fresenius’ many activities, as well as for researchers working on similar projects. Additionally, “.FRESENIUS” may serve as a source of trusted information for thousands of Internet users worldwide, who have come to rely on the solutions and care of the Fresenius corporate family.
Accordingly, Applicant believes that use of the “.FRESENIUS” will benefit Fresenius, its patients, and general Internet users alike. Fresenius anticipates increasing the amount of information it will be able to provide about its various divisions and healthcare facilities, in a clear and comprehensive manner. Therefore, the company believes “.FRESENIUS” will experience increased traffic and Internet user interest, as potential clients, patients and affiliates become familiar with the space. Applicant plans to develop a high level of trust among users of “.FRESENIUS”, thus increasing the reputation of the Fresenius brands. Additionally, the new space is expected to enable Fresenius to streamline communications between its many facilities and subsidiaries.
It is expected that Fresenius patients, affiliates and visitors will greatly benefit from “.FRESENIUS”, where they can be assured of the company’s diligent monitoring efforts and privacy protection. As the space will operate under a single-registrant model, Applicant will be able to exercise full control over the content displayed on “.FRESENIUS” sites and, accordingly, consumers will experience much safer, more trustworthy interactions.
General internet users will also benefit from the increased privacy, security and intuitive navigation available in “.FRESENIUS”. General users will be assured that whenever they navigate to a domain name in “.FRESENIUS”, the information displayed on the site will be authentic and accurate. Unlike a search engine hit, which may or may not lead to authentic content, users will know, when visiting these sites, that the information they will be viewing is authorized and correct.
Operationally, the “.FRESENIUS” Registry Service Provider KSregistry GmbH will manage the Internet space under the direct control of the Applicant. This will allow the distribution and exchange of information between the Applicant, Fresenius, constituent divisions, subsidiaries, business affiliates, associates, relevant stakeholders, physicians, researchers and patients, by means of, but not limited to, websites, social networks and forums, email and other technologies that will reside within the “.FRESENIUS” domain name space.
As mentioned above, the Applicant envisages that the “.FRESENIUS” will follow a single-registrant model, wherein all registrations within the space are held by the Applicant itself. Fresenius and its subsidiaries or other affiliated entities may apply to the Applicant to request authorization to license such registrations for their own use. Applicant, in cooperation with a steering committee of allocated resources from Fresenius’ Communication department and Legal department, and the sister company Fresenius NetCare (which is 100% owned by the Fresenius) shall review every registration and licence request and, in its sole discretion, may approve a registration and grant such licenses on a case-by-case basis. Only Fresenius or its subsidiaries and other affiliates, will be allowed to license “.FRESENIUS” domain names, and in every case the registrant of record for all domains shall be the Applicant. In all cases, Applicant shall monitor the use of all “.FRESENIUS” domain names to ensure that the content of the associated websites remains current and appropriate to the “.FRESENIUS” space.
18(b). How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
Applicant anticipates that the new TLD, “.FRESENIUS,” will benefit not only its Fresenius and its many divisions, by increasing transparency and facilitating communications, but also Fresenius’ patients and affiliated physicians, by providing a safe location for these individuals to seek information about Fresenius’ many services, treatment centres, and medical products. Obtaining relevant, up-to-the-moment information concerning cutting-edge technology and new therapeutic treatments is of critical importance to patients and caregivers alike. As a leader in several medical divisions worldwide the Applicant, and Fresenius, are aware of this urgency. The new TLD space will enable Fresenius’ to provide potentially life-saving information in real time, in a single, centralized location that is easy for all concerned parties to locate and navigate.
Currently, Fresenius utilizes a number of TLD domain names to display its information, which can lead to consumer confusion. By adopting the “.FRESENIUS” space, it will simplify the issue for both the company and the many millions of individuals and constituents who rely on its services. Simply entering [something]”.FRESENIUS” will immediately take the Internet user into the company’s secure, monitored space, where the individual will be able to quickly and easily navigate to their desired online content. Making it easy to find the information a patient or caregiver needs, in time for that information to make a difference, is the outstanding benefit that “.FRESENIUS” will provide.
A.1 Response to item i)
“What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?”
The goal of the “.FRESENIUS” is to create a trustworthy, safe and secure location where Fresenius can communicate with its network of divisions, subsidiaries, research professions, healthcare centres, medical device laboratories and production sites, physicians, patients and interested Internet visitors. Applicant believes that by properly stewarding “.FRESENIUS,” and providing the information its various users are seeking in a convenient central location, it will increase both user trust and loyalty.
All “.FRESENIUS” domain name registrations will incorporate the Domain Name Registration and Usage Policy for “.FRESENIUS,” which outlines the acceptable use guidelines for the space. A draft version of this Policy is provided in the answer to question 18(c) below. Such Policy will be further incorporated into any license agreement made between Applicant and Fresenius, authorized corporate divisions, subsidiaries, employees or other affiliated entities that may from time to time be authorized to license the use of “.FRESENIUS” domain names. A licensed domain name may be revoked by the Applicant at any time if the licensee does not comply with the acceptable use requirements contained in the Policy, or any other contractual requirements as may be established in the particular license agreement.
A.2 Response to item ii)
“What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?”
“.FRESENIUS” will provide an outstanding alternative to the currently-available gTLD spaces, in that it will serve as an easy-to-locate, centralized source of information. Internet users will quickly come to recognize the space as the sole authentic location to research and interact with the Fresenius companies, which will set the TLD apart from other online spaces. Within the new “.FRESENIUS,” the company will be able to easily organize information into a well-integrated, user-friendly format, simplifying navigation for routine and first-time visitors alike.
Additionally, the use of “.FRESENIUS” might have the added benefit of reducing the number of domain name registrations that the company will need to register and maintain with existing registration providers. This effect, multiplied across the many companies and organizations that choose to own and operate their own TLDs, may as a side effect result in increased competition among the existing registration providers. They may need to compete more fiercely for the remaining business interest in the existing TLDs, with so many 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.
“.FRESENIUS” will further enable the company in its research and development efforts, by proving a wealth of accessible domain names from which to choose. Today, it is often difficult to find a relevant, available domain name for the launch of a new product, the opening of a new medical centre, or an innovative marketing campaign from existing registration providers. Even if one is found, often pricing is prohibitive because the domain name is only available on the secondary market. Often, new domains must be purchased from third parties and closely managed as corporate assets. These expenses and complications, which can hinder companies and, in some cases, delay the release of innovative new products and services to the public, can be dramatically reduced over time. Furthermore, an ample supply of immediately available, inexpensive domain names relevant to Fresenius and its activities are likely to pay dividends in additional ways which are currently difficult to foresee.
Furthermore, the proposed “.FRESENIUS” will be a “clean space” for Internet users, patients, researchers, and physicians seeking information about the company, its several business divisions, and authentic products and services. Since the Applicant will have control over all of the registrations in the space, the risk of abusive use of these domain names is greatly mitigated. It is anticipated there would be no opportunity for bad actors to impersonate authorized corporate agents, perpetrate fraud, or engage in dangerous and illegal Internet scams such as phishing or pharming. Internet users will find only authentic, Fresenius-authorized content within “.FRESENIUS,” providing them with a level of comfort and safety, which the current gTLD landscape cannot give them. The “.FRESENIUS” pages will connect Internet users to authorized, safe sites, helping them to find relevant resources and information.
A.3 Response to item iii)
“What goals does your proposed gTLD have in terms of user experience?“
“.FRESENIUS” is ultimately intended to function as Fresenius’ online information platform, which may serve as the company’s interface with its divisions, subsidiaries, business affiliates, patients, researchers, physicians and casual Internet visitors. It is intended to function with leading-edge technologies and business practices, ensuring a trustworthy and positive user experience.
Specifically, Fresenius intends for users to perceive “.FRESENIUS” as a trustworthy source of its online general information, medical products, research activities, and detailed data concerning its various facilities. Accordingly, Fresenius will use advanced technical and policy measures to ensure the security of online transactions and communications, and to ensure that domain names in “.FRESENIUS” are only used for authorized purposes. The Applicant intends to provide a safe and legitimate Internet space, enhancing user experience by mitigating security-associated risks.
“.FRESENIUS” will reinforce the ideals of the Fresenius corporation. Therefore, domains within the “.FRESENIUS” will only be used for purposes authorized by the Applicant, and the Applicant will closely monitor the content of any and all licensed domains. Domain usage guidelines will be established and enforced in order to safeguard the Internet user experience and the reputation of the space. In addition, “.FRESENIUS” will provide an easily navigable and predictable domain name space.
The Internet user can expect, when entering “.FRESENIUS,” to find authentic, up-to-date information displayed in an intuitive, easy-to-navigate fashion. Second-level registrations will be carefully selected by the Applicant, and their content routinely monitored to ensure that Internet users receive the maximum benefit when utilizing the “.FRESENIUS” space.
Thus, “.FRESENIUS” is designed to provide an unparalleled user experience in terms of stability, safety, and facile user interface.
A.4 Response to item iv)
“Provide a complete description of the applicant’s intended registration policies in support of the goals listed above”
It is envisaged that the Applicant will be the sole registrant of domain names within “.FRESENIUS,” which will ensure such domain names are only used for purposes authorized by the Applicant in its online brand promotion and customer service efforts. A draft version of the anticipated Domain Name Registration and Use Policy for “.FRESENIUS” is provided at the end of the answer to question 18(c).
A.5 Response to item v)
“Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users?”
The Applicant intends for users to perceive the “.FRESENIUS” as a unique, trustworthy source of its online information and services. User trust is enhanced when said 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. The Applicant 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 within “.FRESENIUS” are only used for authorized purposes. The Applicant intends to provide a safe and legitimate Internet space, enhancing user experience by mitigating security-associated risks.
The Applicant 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. The Applicant will also comply with all applicable laws and regulations relating to Internet security and the privacy of users’ confidential information.
The Applicant is committed to making “.FRESENIUS” 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 “.FRESENIUS,” please refer to the answers contained in section 23 below.
A.6 Response to item vi)
“Describe whether and in what ways outreach and communications will help to achieve your projected benefits”
Noting that many other large trademark owners appear to be considering the adoption of “.BRAND” TLDs, the Applicant believes that within a short time consumers will become accustomed to searching for these sponsored, brand-owned and managed TLDs in which to conduct their online transactions.
Depending on whether “.FRESENIUS” will be successful, the Applicant and Fresenius will decide to feature the new TLD in its upcoming branding initiatives, marketing and advertising.
18(c). What operating rules will you adopt to eliminate or minimize social costs?
The TLD ultimately is intended to function as Fresenius’ online centralized information platform. It is intended to function with leading-edge technologies to ensure a trustworthy and positive user experience. The Applicant 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 the Applicant will be the registrant of all domain names within the space, it will have full control over the content displayed on “.FRESENIUS” websites. The Applicant 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 the Applicant’s Parent Company, and to provide an online forum by which the company may communicate with its Parent Company, divisions, business associates, subsidiaries, employees, affiliates and customers. Therefore, domains within the TLD will only be used for purposes authorized by Fresenius. Domain usage guidelines will be implemented and enforced to constantly ensure the integrity of users’ “.FRESENIUS” experience and the reputation of the TLD.
All domain name registrations within the “.FRESENIUS” space shall be held by the Applicant. The Applicant will, in its sole discretion, elect to license domain name registrations to its parent company and its subsidiaries or other affiliated entities to further the business interests of the company. All domain name registrations and license agreements shall incorporate the usage requirements set out in the Domain Name Registration and Usage Policy for ”.FRESENIUS,” a draft version of which is provided at the end of this section. The Applicant intends that no domain name in the “.FRESENIUS” 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 FRESENIUS or its businesses, parent company, affiliates, subsidiaries, employees, etc.
The “.FRESENIUS” domain space shall be used for the benefit of the Applicant and its parent company, Fresenius SE & Co. KGaA. The Applicant will have the right to revoke any domain name license agreement should it deem such action appropriate for the benefit of the the Applicant and its Parent Company.
The content and use of all registered “.FRESENIUS” domain names will be monitored by the Applicant on an ongoing basis, and compliance with the contractual restrictions and guidelines will be enforced. Violations of any restrictions, guidelines or other contractual conditions may result in termination of the relevant domain name license.
The Applicant will implement a Sunrise period of 30 days for the purpose of complying with ICANN requirements. However, because the the Applicantwill be the sole registrant within this space, there will be no other registrants eligible to reserve or register a domain during this period. The Applicant 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 “.FRESENIUS” domain name, 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.
- i) How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
All domain name registrations within the “.FRESENIUS” space will be held by the Applicant itself. The Applicant may, in its sole discretion, elect to license the use of “.FRESENIUS” domain names to its Parent Company, authorized corporate divisions, subsidiaries, other affiliated entities, but the Applicant shall be the registrant of record for all domain names within the TLD space. Only companies connected to the Applicant will be eligible to license the use of “.FRESENIUS” domain names, and such licensees shall be required to use the domains for the purposes specified by the Applicant under the terms of their relevant license agreements. The Applicant will maintain, at all times, control over the content and use of the domains within the new TLD, and will remain the sole registrant of record.
Every request for a new “.FRESENIUS” domain name registration and licence agreement would be first approved, in every instance, by a steering committee consisting of allocated resources from the Fresenius SE Communication Department, the Fresenius SE Legal Department, and from the sister company (IT) Fresenius.
The contact individual from the Communication Department will check for compliance with the applicable Policy and consult with the Legal resource for potential conflicts with the rights of third parties, before forwarding the request to the IT resource. The IT resource will check for DNS compliance and will register the requested domain name through an ICANN-accredited registrar, which will then be integrated with the Applicant’s registry service provider, Key-Systems GmbH.
This single-registrant system will ensure that the TLD remains a tightly controlled, safe space for Internet users, and will ensure that the network of registrations remains well-organized. These protections will naturally inure to the benefit of Internet users who wish to interact or communicate with Fresenius online.
- 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 itself and pricing (if any) of domain registrations will be a matter of company policy.
iii) Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation?
As noted above, the Applicant will be the sole holder of all domain name registrations in the TLD. Accordingly, the the Applicant does not intend to make specific commitments regarding the magnitude of price escalation.
A full text draft version of the anticipated Domain Name Registration and Usage Policy for “.FRESENIUS” is provided below.
DRAFT Domain Name Registration and Use Policy for “.FRESENIUS”
- General principles
- Purpose
The “.FRESENIUS” Top Level Domain (ʺTLDʺ) established by and for the use of the Applicant and the Applicant’s Parent Company.. The Applicant 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 “.FRESENIUS” space.
This Policy is intended to be updated and revised regularly to reflect the needs of the Applicant and its Parent Company. The current version of this Policy will be made publicly available at www.registry.FRESENIUS”.
The registration of domain names within the “.FRESENIUS” TLD shall be restricted to Fresenius itself, thus following a single-registrant model. Fresenius may, in its sole discretion, elect to license registrations within this space to, inter alia, its parent company, authorized corporate divisions, subsidiaries, employees or other affiliated entities.
- Registration Policy
As indicated above, the “.FRESENIUS” space will follow a single-registrant model. Thus, the Applicant shall be the only entity eligible to register domain names within the “.FRESENIUS” TLD.
- Domain Allocation Rules
- 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
- The label “EXAMPLE” shall be reserved at the second level and at all other levels within the TLD at which Registry Operator makes registrations.
- 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.
- 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.
- The List of Reserved Names shall be compiled by Fresenius and will be publicly posted online at [ website to be determined ]. Fresenius 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:
- 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〉;
- 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
- 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.
- Registration and Licensing Rules
- Registration period and renewals
A “.FRESENIUS” domain name may be registered, and renewed at the end of each registration period, subject to the current terms and conditions offered by the concerned Registrar.
- Licensing of domain name registrations
The Applicant may, in its sole discretion, elect to license domain name registrations within the “.FRESENIUS” space to, inter alia, its Parent Company and its subsidiaries or other affiliated entities. In all cases, however, the Applicant will remain the registrant of record for all domain name registrations within the TLD, and shall retain the authority to modify or terminate such registrations at any time via the concerned registrar.
- Acceptable Usage Guidelines for “.FRESENIUS” Domain Names
- Acceptable Use
The “.FRESENIUS” space is intended to function as the Fresenius’ online corporate branding platform, and as such the registrations therein should generally support the goals and mission of the organization.
The Applicant intends that no domain name in the “.FRESENIUS” 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 the Applicant, its Parent Company, their subsidiaries or other affiliates
A steering committee consisting of allocated resources from the Applicant and the Applicant’s parent company communication department and Legal Department, and the Appliants’s sister company Fresenius NetCare (100 % owned by the Applicant’s parent company). This steering committee will routinely monitor the use of all domain names registered in the “.FRESENIUS” space to ensure that the content displayed thereon is in the best interests of the Applicant and its Parent Company and their business endeavours.
- Dispute Resolution Policies
- 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
- 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].
- Trademark Post-Delegation Dispute Resolution Procedure (Trademark PDDRP)
The Registry Operator for “.FRESENIUS” 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].