.emerck New gTLD Application
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New gTLD Application Submitted to ICANN by: Merck KGaA
String: emerck
Originally Posted: 13 June 2012
Application ID: 1-980-60636
Applicant Information
- Full legal name
Merck KGaA
- Address of the principal place of business
Frankfurter Strasse 250
Darmstadt 64293
DE
- Phone number
+496151720
- Fax number
+496151722000
- If applicable, website or URL
http:⁄⁄www.merckgroup.com
Primary Contact
6(a). Name
Mr. Torsten Bettinger
6(b). Title
Partner
6(c). Address
6(d). Phone Number
+49 89988275
6(e). Fax Number
6(f). Email Address
Secondary Contact
7(a). Name
Mr. Michael Schramm
7(b). Title
Partner
7(c). Address
7(d). Phone Number
+49 8999209103
7(e). Fax Number
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Corporation with general partners (in German: ʺKommanditgesellschaft auf Aktienʺ, abbreviated KGaA)
8(b). State the specific national or other jursidiction that defines the type of entity identified in 8(a).
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.
Frankfurt_Stock_Exchange;MRK
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
Dr. Bernd Reckmann Member of the Board
Dr. Kai Beckmann Member of the Board
Dr. Karl Ludwig Kley Chairman of the Board
Dr. Stefan Oschmann Member of the Board
Matthias Zachert Member of the Board
11(b). Name(s) and position(s) of all officers and partners
Dr. Bernd Reckmann Head of Chemicals Business Sector
Dr. Kai Beckmann Head of Human Resources
Dr. Karl Ludwig Kley Chief Executive Officer
Dr. Stefan Oschmann Head of the Pharmaceuticals Business Sector
Matthias Zachert Chief Financial Officer
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
- Merck KG 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.
emerck
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 examined the applied-for string “EMERCK” and found that deployment of it would not cause adverse operational, rendering, or general user-confusion. We performed a S.W.O.R.D test, and have not found visual similarity to any existing TLDs, names on ISO3166 lists, or the ICANN reserved list of names and list of ineligible strings. As 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 (AGB, p. 64, section: 2.2.1.3.2 “String Requirements”), and with all technical standards including but not limited to RFC 1035, RFC 2181, RFC 952, RFC 1123, and RFC 3696. It is possible that, in general, some software applicants may have difficulty dealing with new TLD strings. The applicant is aware of its responsibility to seek to mitigate and solve, inter alia, such issues as discussed at the “TLD Universal Acceptance” session at the ICANN Meeting on March 14, 2012 (http:⁄⁄costarica43.icann.org⁄meetings⁄sanjose2012⁄presentation-tld-universal-acceptance-14mar12-en.pdf). We are aware of the following issues:
- Validity checks of TLDs based on either a hard coded list or on a length check (i.e. max. 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 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 Google and 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 exist. We will take full responsibility for any such issues and will work to ensure that this TLD receives global acceptance. We will contact websites should we notice acceptance issues, and we will monitor acceptance of the TLD by major search engines and major social networking sites, and so on. We will ensure that all our own available online forms will be able to accept all TLDs per the IANA list. We will work with ICANN in our on-going effort on this subject both for IDN and ASCII TLDs.
For second-level IDN issues see response to Q44.
- (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.
Merck KGaA is a global pharmaceutical, chemical and life science company with approximately 40,000 employees in 70 countries. In 2010 Merck realized total revenues of EUR 9.3 Billion. The pharmaceutical, chemical and life science businesses of Merck are organized into four divisions.
Merck Serono specializes in innovative pharmaceuticals and focuses on indications mainly treated by specialists, as well as on diseases with high unmet medical needs.
Merck Consumer Healthcare offers high-quality over-the-counter products to enhance the quality of life of consumers all over the world. Its brands are available in many countries throughout Europe, North and South America, Asia and Africa.
Merck Millipore offers solutions that enable scientists to conduct life science research easily, efficiently and economically. With a range of more than 40,000 products, Merck Millipore is one of the top three suppliers of tools to the life science industry. This division comprises three business units: Bioscience, Lab Solutions and Process Solutions.
Merck’s Performance Materials division offers highly innovative materials, advanced technologies, and high-tech chemicals to clients in the consumer electronics, lighting, printing, plastics, and cosmetics industries. Merck’s market leading products include liquid crystals for LCD displays, new lighting technologies, and functional and effect pigments.
Merck KGaA operates its worldwide business through over 250 companies, with roughly 40,000 employees located in 70 countries, which work together to bring innovative healthcare, life science and high-tech chemical solutions to the world at large.
- The E. Merck Tradition
The Merck company has its roots in the Engel Pharmacy, which was located in Darmstadt, Germany. Accordingly, the earliest “trademark” used to identify the Merck brand was a small picture of an angel. A successful pharmacist and industrialist, Heinrich Emanuel Merck undertook the mass production of alkaloid compounds in 1827, and in 1850 formed the “E. Merck” partnership together with his sons. From these early beginnings, the multi-national corporation continues to draw its inspiration, reminding the company of its commitment to quality and tradition.
Today, the significance of the E. Merck name is even greater, as online communications have become an increasingly more important aspect of Merck’s business. Therefore, Merck KGaA has decided to register the “.EMERCK” TLD, which represents not only the company’s longstanding history and tradition but also the company’s electronic online business activities. The “E” of “.EMERCK” thus functions as a synonym for Merck KGaA’s e-business and e-commerce activities. With the introduction of the “.EMERCK” TLD, Merck KGaA is building a bridge from its unique tradition as the oldest pharmaceutical and chemical company in the world to the new opportunities presented by the digital age.
- The Merck Name
During the 1930s, the company began using a shortened version of its well-known E. Merck trademark, referring to itself as “Merck”. Today Merck KGaA holds rights in the name and the trademark “Merck” in more than 180 countries worldwide. The trademark “Merck” is considered to be well known pursuant to the Paris Convention for the Protection of Industrial Property in various countries including, for example, Bulgaria, the Czech Republic, Egypt, Germany, Japan, Mexico, South Korea, and through the Madrid System of WIPO. Merck is further regularly listed among the global Top 500 companies as published through the famous Forbes magazine.
- The Merck Community
Merck KGaA provides a vast array of innovative healthcare, life science and high-tech chemical solutions to consumers, researchers and health concerns across the globe, and it does so through a vast network of subsidiaries, affiliates, and business associates. The nexus of these Merck Group members, who all use the Merck name in the operation of their businesses and as their “umbrella” brand, comprises the Merck Community. The “.EMERCK” space will provide the parent company of this group, Merck KGaA, with a corporate-controlled, well organized online space in which to present information relevant to the company’s activities. Pages within the “.EMERCK” space may also provide appropriate links to the pages of Community members, in order to provide visitors to the space with easy access to the resources they seek.
C.1 Mission and Purpose of the “.EMERCK” TLD
Besides the tradition of E. Merck, “.EMERCK” stands for “electronic Merck”. The “.EMERCK” TLD will combine all applications of information and communication technologies in support of Merck’s online business activities. The “.EMERCK” space will, accordingly, provide information to Merck KGaA’s online visitors from across the globe, and the space will offer users an interconnected, well-organized network of information about Merck’s activities.
The “.EMERCK” TLD is intended to serve as a dedicated space for the sole use of Merck KGaA for its online activities. Merck KGaA will use this new TLD to provide information about its unique activities and its colorful, extensive corporate history, as well as to communicate with its internal divisions, external business partners, shareholders, customers and all further stakeholders.
The “.EMERCK” top-level domain will enable Merck KGaA to present its full range of online activities, and to identify itself online as “electronic Merck”. The “.EMERCK” space will provide a means for Merck KGaA to maintain secure email addresses, a company intra-web, and to manage internal and external communications between its business affiliates, shareholders, customers and all further stakeholders.
The “.EMERCK” Registry Service Provider will manage the Internet space under the direct control of Merck KGaA. This will allow the distribution and exchange of information between Merck KGaA and its relevant stakeholders by means of, but not limited to, websites, social networks, email and other technologies that will reside within the “.EMERCK” domain name space.
Merck KGaA will limit registration of the “.EMERCK” space to a single-registrant model, meaning that Merck KGaA will be the sole registrant of all domain names in the space. Merck KGaA may, in its sole discretion, elect from time to time to license the use of certain domain names within the TLD to appropriate divisions or business affiliates, but at all times Merck KGaA shall remain the registrant of record for all domain names in “.EMERCK.” Accordingly, Merck KGaA will have control over the content and use of all “.EMERCK” domain names, and will be in a unique position to ensure that the space is utilized in a safe, appropriate manner.
Moreover, in order to avoid trademark-related concerns within North America, the Applicant will use geo-targeting tools to prevent any Internet traffic originating from the US or Canada from accessing websites within the .EMERCK space, and will not license the use of domain names within the TLD to affiliated entities whose principal places of business are located within North America.
18(b). How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
The TLD is intended to benefit Internet users by enabling the Merck company to communicate more easily and effectively with its online visitors, including its clients, shareholders and business associates. Internet users will benefit from a more distinctive and trustworthy Internet experience in dealing with Merck KGaA, which will in turn support Merck’s goal of communicating a message of reliability and trust.
Merck KGaA expects to benefit from the “.EMERCK” TLD by increased and more effective brand recognition in their marketing and communications, and by having an ample supply of relevant and available domain names to use in their business. In addition, the TLD will permit Merck KGaA to maintain greater control over its online brand and services, including but not limited to robust trust and security features, especially for Merck’s online sales portals. In turn, those benefits are certain to result in a better Internet user experience, particularly for those Internet users interested in Merck KGaA’s research activities and products.
The “.EMERCK” TLD will additionally provide an online identity unique to the Merck KGaA parent company, which will help to set it apart from the activities undertaken in connection with the broader Merck Community. As the head of the Merck Group, Merck KGaA is involved in a vast number of projects, initiatives, and research activities. The “.EMERCK” space, therefore, would provide a location for information related to Merck KGaA specifically, serving as a resource for Internet users interested in the history of the company, for shareholders, and for business associates who deal directly with the parent company itself.
- What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?
The TLD ultimately is intended to function as Merck KGaA’s online branding and services platform. The space is intended to function with leading-edge technologies and business practices, ensuring a trustworthy and positive user experience. The goal is to use Merck KGaA’s online infrastructure, services and marketing to encourage Internet users to interact online with Merck KGaA.
All “.EMERCK” domain name registrations will incorporate the Domain Name Registration and Usage Policy for “.EMERCK,” 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 Merck and its authorized corporate divisions, employees or other affiliated entities who may from time to time be authorized to license the use of “.EMERCK” domain names. A licensed domain name may be revoked by Merck KGaA 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.
- 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 Merck KGaA to the current TLDs, one which would be distinct to the company and its operations specifically. The branded nature of the TLD will serve as a differentiating force, both from undifferentiated spaces generally as well as from other Merck-related corporate locations. The “.EMERCK” space will be specifically dedicated to Merck’s online activities and “e-” presence, and accordingly Internet users will come to associate the space with Merck’s online portals for business communications and information exchange.
For example, Internet users seeking information on the corporate history, governance, or initiatives of Merck KGaA specifically, will be able to locate the company’s authentic online space with ease. The use of the TLD will reduce Internet user confusion, and will thereby saving time and resources when compared to the use of a generalized search engine.
As it seems there will be many new .BRAND TLDs, it is expected that consumers will learn to distinguish them from the existing TLDs and from new generic, geographical or cultural TLDs. The very use of a specialized TLD by Merck KGaA will ultimately impact competition by clarifying for users the source identity of the websites which they choose to visit. If consumers are looking for Merck, they know where to look, and they know that if they visit a website with an alternate extension the information is not guaranteed to be authentic.
This streamlining of information will provide a great benefit to the virtual marketplace. Consumers know where to look for authorized information concerning Merck KGaA and its activities, and can easily select appropriate websites when seeking such information. The new “.EMERCK” TLD space will therefore provide a tailored, customized space for Merck KGaA, its business affiliates, and the interested Internet community.
Additionally, the use of the “.EMERCK” TLD will have the added benefit of reducing the number of domain name registrations that Merck KGaA will need to register and maintain with existing registration providers. This effect, multiplied across the many companies who 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.
The “.EMERCK” TLD will additionally enable Merck KGaA to develop many uses for domain names which today are too complicated or completely unforeseen. Today, it is often difficult to find a relevant and easily available domain name for the launch of a new product or campaign 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, 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 Merck KGaA is likely to pay dividends in additional ways which are currently difficult to foresee.
Furthermore, the proposed “.EMERCK” TLD will be a “clean space” for consumers seeking information about Merck KGaA. Since Merck will have control over all of the registrations in the space, as the sole registrant of all domain names therein, there is minimal risk of abusive use of these domain names. There will be no opportunity for bad actors to sell dangerous counterfeit medications, or provide incorrect misinformation to potential investors. Internet users will find only authentic, Merck-authorized content within this space, providing them with a level of comfort and safety which the current gTLD landscape cannot give them.
- What goals does your proposed gTLD have in terms of user experience?
The TLD ultimately is intended to serve as Merck KGaA’s online branding and services platform. Merck KGaA will implement leading-edge technologies and business practices tailored for this new space, in order to ensure a trustworthy and positive user experience for all visitors to the “.EMERCK” sites.
The goal is to use Merck’s online infrastructure, services and marketing to encourage Internet users to interact online with the company and to perceive the TLD as a trustworthy indicator of the source of Merck’s online information and services. Merck KGaA will 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 authorized purposes. Merck intends to provide a safe and legitimate Internet space, enhancing user experience by mitigating security-associated risks. This is particularly important in the “.EMERCK” space as Merck intends to use the TLD as its online communications and business platform, and accordingly it is of great importance to the company that the space is operated in a safe and secure manner.
The TLD will reinforce the ideals of Merck KGaA, and domains within the TLD will only be used for purposes authorized by Merck. As indicated above, the “.EMERCK” space is intended to follow a single-registrant model, meaning that Merck KGaA will be the sole registrant of record for all domain names in the space. Accordingly, the company will have full control over how the websites displayed thereon will be used. The Internet user can therefore expect, when entering the “.EMERCK” TLD, to find authentic, up-to-date information displayed in an intuitive, easy-to-navigate fashion.
Thus, the “.EMERCK” space is designed to provide an unparalleled user experience in terms of reliability, ease of use, and online security.
- Provide a complete description of the applicant’s intended registration policies in support of the goals listed above.
It is envisaged that Merck KGaA will be the sole registrant of domain names within the TLD, which will ensure that such domain names only are used for purposes authorized by Merck in its online brand promotion and customer service efforts. Additionally, the Corporate Trademark Department of Merck KGaA will review each applied-for second-level domain name string to ensure that it will further the goals of the company, that it will not violate the intellectual property rights or other rights of third parties, and that it will not violate existing laws. A draft version of the anticipated Domain Name Registration and Use Policy for the “.EMERCK” space is provided at the end of the answer to question 18(c).
- Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users?
Merck KGaA intends for users to perceive the TLD 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 intended website, and that their private or confidential information is securely protected. Merck 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 authorized purposes. Merck intends to provide a safe and legitimate Internet space, enhancing user experience by mitigating security-associated risks.
Merck 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. Merck KGaA will also comply with all applicable laws and regulations relating to Internet security and the privacy of users’ confidential information.
Merck KGaA already employs commercially reasonable practices with respect to the security of online transactions and users’ private or confidential information in its current online locations. Additionally, Merck KGaA makes available a Corporate Privacy Officer, who oversees any potential privacy concerns, should they arise, and ensures that Merck’s practices remain industry-leading. For further information concerning privacy protections and data security within the “.EMERCK” space, please refer to the answers contained in sections 23, 30a and 30b below.
- Describe whether and in what ways outreach and communications will help to achieve your projected benefits.
Within Merck KGaA, the “.EMERCK” TLD will be promoted by all available internal communication channels, including the company’s intranet, and through the relevant functions of the Corporate Trademarks and Corporate Information Services departments, inter alia. Additionally, Merck KGaA will communicate the space to its consumers through branding initiatives, marketing and advertising, which Merck believes will quickly introduce Internet users to the new space. The company anticipates using its new TLD on all marketing and promotional materials, encouraging users to interact with them on the new websites. Given the anticipated benefits of the new space and its effective navigational structure, Merck believes Internet users will readily adopt the TLD and look forward to visiting the space regularly.
Besides Merck KGaA’s own specific efforts to communicate the “.EMERCK” TLD to its intended audience, it will be the natural next step for its audience, and relevant media organizations, to further communicate information about the TLD as they speak or report about Merck. In sum, outreach and communication are important in order to achieve the projected benefits of the TLD, but also will be inherent in Merck’s use of the TLD, and further will be enhanced by the viral nature of communications about Merck KGaA.
As it seems there will be many other “.BRAND” TLDs presented to Internet users in the coming years, it is expected that the outreach, communications and media relating to each of them, individually, will lead to collective benefit insofar as many Internet users will quickly grasp the concept behind these TLDs, and will expect many companies and corporate communities to operate them in generally consistent ways.
18(c). What operating rules will you adopt to eliminate or minimize social costs?
The TLD ultimately is intended to function as Merck’s online branding and services platform. It is intended to function with leading-edge technologies and business practices, ensuring a trustworthy and positive user experience. The goal is to use Merck’s online infrastructure, services and marketing to encourage Internet users to interact online with Merck and the other members of the Merck Community. Precise details are set forth in the answers to Questions 26, 28 and 29.
In general, Merck KGaA intends for users to perceive the TLD as a trustworthy and intuitive indicator of the source of Merck KGaA’s online information and services. Merck KGaA 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 purposes authorized by Merck KGaA. Merck KGaA intends to provide a safe and trustworthy Internet space, enhancing user experience by mitigating security-associated risks.
The TLD is designed to reinforce the ideals of Merck KGaA, and to operate as the company’s online e-business and communications portal. Accordingly, domain usage guidelines will be implemented and enforced to constantly ensure the integrity of users’ “.EMERCK” experience and the reputation of the TLD.
Merck may, from time to time and in its sole discretion, elect to license domain name registrations to its authorized corporate divisions, business affiliates, subsidiaries, associates, employees, or other affiliated entities in order 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 “.EMERCK,” a draft version of which is provided at the end of this section. Merck KGaA intends that no domain name in the “.EMERCK” 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 Merck KGaA or its businesses, affiliates, dealers, employees, etc.
The “.EMERCK” domain space shall be used for the benefit of the Merck company and, as the space will follow a single-registrant model, Merck KGaA will remain the registrant of record for all registered domain names in the space. Merck KGaA will have the right to cancel any domain name registration or revoke any domain name license agreement should Merck deem such action appropriate for the benefit of the company.
The content and use of all registered “.EMERCK” domain names will be monitored by Merck 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.
Merck KGaA will implement a Sunrise period of 30 days for the purpose of complying with ICANN requirements. However, because the Registry Operator will be the sole registrant within this space, there will be no other registrants eligible to reserve or register domain names during this period. The Registry Operator 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 Merck KGaA of any “.EMERCK” 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.
- 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 “.EMERCK” space will be held by Merck KGaA itself. Merck KGaA may, in its sole discretion, from time to time elect to license the use of “.EMERCK” domain names to its authorized corporate divisions, business affiliates, subsidiaries, associates, employees or other affiliated entities, but Merck KGaA shall be the registrant of record for all domain names within the TLD space. All such licensees shall be required to use the domains for the purposes specified by Merck KGaA under the terms of their relevant license agreements. Merck KGaA 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.
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 Merck KGaA online.
- 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 Merck KGaA itself, and pricing (if any) of domain registrations will be a matter of Merck KGaA policy.
- Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation?
As noted above, Merck KGaA will be the sole holder of all domain name registrations in the TLD. Accordingly, the company does not intend to make specific commitments regarding the magnitude of price escalation.
- Full text draft version of the anticipated Domain Name Registration and Usage Policy for “.EMERCK” is provided below.
Anticipated Domain Name Registration and Use Policy for “.EMERCK”
D.1 General principles
D.1.1 Purpose
The “.EMERCK” Top Level Domain (ʺTLDʺ) established by and for the use of the Merck KGaA Corporation, the Registry Operator for the TLD space. Merck KGaA will, with the advice and assistance of the Registry Service Provider Afilias Limited and relevant governmental bodies, develop, maintain and enforce effective TLD management strategies to manage the “.EMERCK” space.
This Policy is intended to be updated and revised regularly to reflect the needs of Merck KGaA and its TLD. The current version of this Policy will be made publicly available at: [insert website when determined].
The registration of domain names within the “.EMERCK” TLD shall be restricted to Merck KGaA itself, thus following a single-registrant model. Merck KGaA may, in its sole discretion, elect to license registrations within this space to, inter alia, authorized corporate divisions, employees or other affiliated entities.
D.1.2. Registration Policy
As indicated above, the “.EMERCK” space will follow a single-registrant model. Thus, the Merck KGaA Corporation shall be the only entity eligible to register domain names within the “.EMERCK” TLD.
D.2 Domain Allocation Rules
D.2.1. String Requirements
Second-Level Domain names within the “.EMERCK” 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.
D.2.2. 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 Merck KGaA and will be publicly posted online at [ website to be determined ]. Merck KGaA reserves the right to include new names in the list of reserved names
D.3 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 ;
- 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
E.1 Registration period and renewals
An “.EMERCK” 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.
E.2. Licensing of domain name registrations
Merck KGaA may, in its sole discretion, elect to license domain name registrations within the “.EMERCK” space to, inter alia, authorized corporate divisions, employees or other affiliated entities. In all cases, however, Merck KGaA 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 “.EMERCK” Domain Names
F.1 Acceptable Use
The “.EMERCK” space is intended to function as the Merck KGaA’s online corporate branding platform, and as such the registrations therein should generally support the goals and mission of the organization.
Merck KGaA intends that no domain name in the “.EMERCK” 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 Merck KGaA or its businesses, affiliates, dealers, employees, etc.
The Corporate Trademark Department of Merck KGaA will routinely monitor the use of all domain names registered in the “.EMERCK” space to ensure that the content displayed thereon is in the best interests of the company and its business endeavours.
- Dispute Resolution Policies
G.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
G.2 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].
G.3 Trademark Post-Delegation Dispute Resolution Procedure (Trademark PDDRP)
The Registry Operator for “.EMERCK” 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].