.LILLY New gTLD Application
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New gTLD Application Submitted to ICANN by: Eli Lilly and Company
Application Downloaded On: 28 Aug 2014
String: LILLY
Application ID: 1-1018-57217
Applicant Information
- Full legal name
Eli Lilly and Company
- Address of the principal place of business
639 South Delaware Street Indianapolis, Indiana - 46285 US
- Phone number
+1 317 276 2000
- Fax number
+1 317 276 1919
- If applicable, website or URL
http://www.lilly.com
Primary Contact
6(a). Name
Gretchen Olive
6(b). Title
Director, Policy & Industry Affairs
6(c). Address
6(d). Phone Number
+1 3026365401
6(e). Fax Number
6(f). Email Address
Secondary Contact
7(a). Name
Bruce Longbottom
7(b). Title
Assistant General Counsel - Trademarks
7(c). Address
7(d). Phone Number
+1 317 651 1346
7(e). Fax Number
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).
State of Indiana, United States of America
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 / LLY
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
Alfred Gilman Chief Scientific Officer, Cancer Prevention and Research Institute of Texas
Douglas Oberhelman Chairman and Chief Executive Officer, Caterpillar Inc.
Ellen Marram President, The Barnegat Group LLC
Franklyn Prendergast Director, Mayo Clinic for Individualized Medicine
- Erik Fyrwald President, Ecolab, Inc.
John Lechleiter Chairman, President, and Chief Executive Officer, Eli Lilly and Company
Karen Horn Retired President, Private Client Services, and Managing Director, Marsh, Inc.
Katherine Baicker Professor of Health Economics, Harvard University
Kathi Seifert Retired Executive Vice President, Kimberly-Clark Corporation
Martin Feldstein George G. Baker Professor of Economics, Harvard University
Michael Eskew Former Chairman and Chief Executive Officer, United Parcel Service, Inc.
- David Hoover Chairman, Ball Corporation
Raul Alvarez Retired President and Chief Operating Officer of McDonald's Corporation
Sir Winfried Bischoff Chairman, Lloyds Banking Group plc
11(b). Name(s) and position(s) of all officers and partners
Name
Position
Anne Nobles Senior Vice President, Enterprise Risk Management, and Chief Ethics and Compliance
Arnold Hanish Chief Accounting Officer
Barton Peterson Senior Vice President, Corporate Affairs and Communications
Bronwen Mantlo Assistant General Counsel, Assistant Secretary
David Lewis Vice President, Finance, Corporate Tax
David Ricks Senior Vice President and President , Lilly Bio-Medicines
Derica Rice Executive Vice President, Global Services, and Chief Financial Officer
Enrique Conterno Senior Vice President and President, Lilly Diabetes
Fionnuala Walsh Senior Vice President, Global Quality
Jacques Taipero Senior Vice President and President, Emerging Markets
James Lootens Secretary
Jan Lundberg Executive Vice President, Science and Technology, and President, Lilly Research Laboratories
Jeffrey Simmons Senior Vice President and President, Elanco Animal Health
John Huesing Senior Director, Treasury
John Lechleiter Chairman, President, and Chief Executive Officer, Eli Lilly and Company
Maria Crowe President, Manufacturing Operations
Philip Johnson Vice President, Finance and Investor Relations
Robert Armitage Senior Vice President and General Counsel
Stephen Fry Senior Vice President, Human Resources and Diversity
Susan Mahony Senior Vice President, Human Resources and Diversity; Senior Vice President and President, Lilly Oncology
Susan Ridlen Senior Advisor, Treasury
Thomas Grein Senior Vice President and Treasurer
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.
LILLY
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.
Eli Lilly and Company (“Lilly”) foresees no known rendering issues in connection with the proposed .LILLY gTLD for which it is applying. This answer is based upon consultation with Lilly’s selected back-end provider, Neustar, which has successfully launched a number of new gTLDs over the last decade. In reaching this determination, Neustar analyzed the following data:
-ICANN’s Security Stability Advisory Committee (SSAC) entitled Alternative TLD Name Systems and Roots: Conflict, Control and Consequences (SAC009);
-IAB - RFC3696 “Application Techniques for Checking and Transformation of Names”
-Known software issues which Neustar has encountered during the last decade launching new gTLDs;
-Character type and length;
-ICANN supplemental notes to Question 16; and
-ICANN’s presentation during its Costa Rica regional meeting on TLD Universal Acceptance.
- 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.
Mission and Purpose of .LILLY
Eli Lilly and Company (“Lilly”) is a leading global pharmaceutical company that produces medicines that help people live longer, healthier, and more active lives. Across the globe, Lilly has developed productive alliances and partnerships that advance its capacity to develop innovative medicines at lower costs. Lilly’s products are currently manufactured and distributed through facilities in the United States, Puerto Rico, and 11 other countries, and are sold in approximately 125 countries. The LILLY trademark has been registered by Lilly in over 135 countries. Lilly’s pharmaceutical products include, but are not limited to, neuroscience products, endocrinology products, oncology products, cardiovascular products, and animal health products. Lilly’s online content is accessible in the .COM gTLD and also in multiple ccTLDs, including .UK, .JP, .CA, and .NO.
The intended future mission and purpose of the .LILLY gTLD is to serve as a trusted and intuitive namespace provided by Lilly and its qualified subsidiaries and affiliates for its consumers and the public. Eli Lilly and Company is the designated entity to file this application and bring the .LILLY gTLD to market. However, Lilly is primarily filing this application in ICANN’s first gTLD application round for precautionary reasons given the uncertainty regarding when ICANN will be opening a second round. Therefore, although Lilly is committed to moving forward with the .LILLY gTLD application, at the time of filing Lilly does not believe that there has been enough time or information available to fully analyze and evaluate all potential use case options.
Although ICANN has not specifically recognized a .BRAND gTLD specification in the Applicant Guidebook, it is widely anticipated within the brand-owner community that this will become a specialty subset of the new gTLDs. The .LILLY gTLD is planned as a .BRAND gTLD, with the goal of protecting Lilly’s online presence and identity, providing a secure channel for online information and services, and offering a platform through which to potentially consolidate many of the online activities of Lilly.
Lilly intends to initially limit registration and use of domain names within the .LILLY gTLD to Lilly and its qualified subsidiaries and affiliates. This initial limited use will allow Lilly to establish its operations and achieve full sustainability. This limited distribution coupled with the other requirements set forth in Specification 9 of the template Registry Agreement are intended to exempt Lilly from its annual Code of Conduct Compliance requirements.
After Stage 3 (see below), Lilly will evaluate whether opportunities exist to carry out the business strategy for the .LILLY gTLD through expansion that continues the registry’s sustainable operations through registrations to parties other than Lilly and its qualified subsidiaries and affiliates.
Lilly currently plans for a four-stage rollout for the .LILLY gTLD:
Stage 1: The initial stage of implementation of the gTLD will involve Lilly registering a limited number of .LILLY second-level domain names.
This initial use will provide Lilly’s IT and security personnel an opportunity to run a number of tests to ensure seamless and secure access using the .LILLY gTLD domain names, interoperability with various software and Web-based applications, and unbroken and secure use of all names. This initial allocation will also allow the appropriate Lilly staff to coordinate with the internal and external staff responsible for the delegation and setup phases of the .LILLY gTLD to ensure a proper transition from delegation to full operation.
Stage 2: Once all testing has been successfully completed, Lilly will begin allocating domain names in .LILLY for more widespread internal corporate use. During this same period of time, Lilly will begin evaluating strategies to potentially migrate traffic away from its current patchwork network of second-level domain names, which are registered in a variety of TLDs, to the .LILLY gTLD.
It is in Stage 2 that Lilly will evaluate expanding the operations of the gTLD to permit registration by other registrants such as approved partners. Should an assessment of its expansion strategy lead to a decision to extend registration rights to other parties, this expansion is currently planned to take place during Stage 3. However, any expansion would be conditioned upon a review of Specification 9 (Registry Code of Conduct) set forth in the template Registry Agreement to ensure compliance with Lilly’s business model.
Stage 3: Depending on the outcome of the evaluations undertaken in Stage 2, Lilly would subsequently implement an agreed-upon strategy to migrate Internet traffic away from the TLDs in which Lilly’s domain names are currently registered, and toward the .LILLY gTLD. It is in this stage that Lilly also may implement its decision to expand registration rights to approved partners, conditioned upon compliance with Specification 9, as noted above. The dates of such expansion are subject to change depending upon business, strategic, and industry factors at the time.
After consideration of the following factors: analysis of Lilly’s existing domain name portfolio; internal analysis of marketing initiatives; and the fact that Lilly will have full control over the number of registrations in the .LILLY gTLD namespace, Lilly is confident that the number of domain name registrations will be less than 10,000 in the first five years of operation.
Stage 4: Based on its experience with any expansion implemented in Stage 3, Lilly will assess whether its business plan and expansion strategy should be augmented by extending registration rights to a broader class of approved partners, potentially including patients or consumers of Lilly. It is anticipated by Lilly that changes to the domain name industry, and particularly the impact of .BRAND gTLDs, will take at least five years from the date of delegation to be realized and assessed. Any decision to expand the gTLDs beyond corporate, qualified subsidiary⁄affiliate, and approved partner use will take into account this experience as well as the technical analysis of potential expansion.
Furthermore, Lilly will be analyzing and evaluating other gTLD applications for comparable well-known trademarks and company names, as well as general market adoption, to determine short- and long-term potential strategies and options for the .LILLY gTLD to more effectively serve and enhance Lilly’s online strategy as a leading global pharmaceutical company.
The potential use of the .LILLY gTLD by Lilly and its various business segments will also be driven by Lilly’s future business strategies as identified in its annual report and public financial information, see for example: http:⁄⁄investor.lilly.com⁄financials.cfm.
Utilizing current projections based upon Lilly’s existing businesses, future business plans, current domain name portfolio, and other strategic factors, Lilly estimates that second-level domain name registrations will be in line with the projections set forth in the financial template provided in response to Question 46 of this application.
18B. How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
18.2 How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
Lilly believes that the proposed .LILLY gTLD has the potential to offer the following benefits to Internet users and consumers:
-Establish a trusted source of information for the millions of patients, caregivers, and health care professionals who use or are involved with Lilly’s products and services, as well as for investors and others seeking information regarding Lilly, its affiliates and subsidiaries, and their products and services, and for the general Internet user population;
-Provide Lilly and its qualified subsidiaries and affiliates with short and memorable Internet addresses;
-Develop a potential platform for secure access to Lilly information for consumers, in order to minimize the likelihood of accessing counterfeit or illegal versions of its medicines that pose a risk to patient safety; and
-Potentially provide Lilly and its qualified subsidiaries and affiliates with an online single source-identifying function for its current and future customers around the globe.
Currently Lilly operates a number of websites that correspond to the various geographic regions in which it has a substantial presence. Lilly uses a combination of second-level and top-level domain names in connection with these websites.
A representative sampling of Lilly websites and that incorporate geographical identifiers into domain names include:
Lilly Argentina (Spanish) - http:⁄⁄www.lillyargentina.com⁄
Lilly Australia – http:⁄⁄www.lilly.com.au
Lilly Austria (German) - https:⁄⁄www.lilly.at⁄
Lilly Belgium (French) - http:⁄⁄www.lilly.be
Lilly Brazil (Portuguese) - http:⁄⁄www.lilly.com.br⁄
Lilly Canada (bi-lingual English⁄French) - http:⁄⁄www.lilly.ca⁄
Lilly China (Chinese) - http:⁄⁄www.lillychina.com⁄
Lilly Denmark (Danish) - https:⁄⁄www.eli-lilly.dk⁄
Lilly Finland (Finish) - https:⁄⁄www.lilly.fi⁄
Lilly France (French) - http:⁄⁄www.lilly.fr⁄
Lilly Germany (German) - http:⁄⁄www.lilly-pharma.de⁄
Lilly Hungary (Hungarian) - https:⁄⁄www.lilly.hu⁄
Lilly India - https:⁄⁄www.lillyindia.co.in⁄
Lilly Ireland - http:⁄⁄www.lilly.ie⁄
Lilly Italy (Italian)- https:⁄⁄www.lilly.it⁄
Lilly Japan (Japanese) - https:⁄⁄www.lilly.co.jp⁄
Lilly Korea (Korean) - https:⁄⁄www.lilly.co.kr
Lilly Mexico (Spanish) - http:⁄⁄www.lilly.com.mx
Lilly Netherlands (Dutch) - http:⁄⁄www.lilly.nl
Lilly Norway (Norwegian) - https:⁄⁄www.lilly.no⁄
Lilly Singapore - https:⁄⁄www.lilly.com.sg
Lilly Spain (Spanish) - https:⁄⁄www.lilly.es⁄
Lilly Sweden (Swedish) - https:⁄⁄www.lilly.se⁄
Lilly Switzerland (French) - https:⁄⁄www.lilly.ch⁄
Lilly Turkey (Turkish) - https:⁄⁄www.lilly.com.tr⁄
Lilly UK - https:⁄⁄www.lilly.co.uk⁄
Lilly believes that the .LILLY gTLD could help to provide a more intuitive source-identifying function for its current and future customers around the globe.
18.2.1 What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?
The primary mission and purpose of the .LILLY gTLD is to provide a trusted, hierarchical, and intuitive virtual platform to deliver content and information about Lillyʹs business, products, and services. As Lilly’s business model continues to evolve, it is the company’s desire to pursue and develop new opportunities to provide its online content and services to consumers in the U.S. and internationally on a variety of platforms, including the Internet and mobile devices. Given that customers increasingly request access to information about Lilly and its products through a variety of channels, including via websites using domain names, Lilly believes that the .LILLY gTLD has the potential to provide an innovative, virtual avenue to Lilly that will deepen and broaden the companyʹs relationship with patients, caregivers, health care professionals, and other consumers.
Most importantly, Lilly will be able to provide access to its products and online content in a namespace devoid of cybersquatting, sales of counterfeit or illegal medicines, and other malicious activities. Patient safety is paramount to Lilly and it is anticipated that the .LILLY gTLD will help further that goal. The .LILLY gTLD has the potential to offer Internet users a safe and intuitive means of accessing authorized content from Lilly and its qualified subsidiaries and affiliates.
18.2.2 What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?
As a branded gTLD, the primary driving factors behind the .LILLY gTLD are differentiation and innovation. The success of .LILLY will not be measured by the number of domain names registered, but rather by the levels of consumer recognition and trust that are placed in the gTLD. More specifically, Lilly will be able to communicate to Internet users that the .LILLY namespace provides a safe and trusted place to find information about Lilly’s products and services.
18.2.3 What goals does your proposed gTLD have in terms of user experience?
Lilly believes that the .LILLY gTLD will provide a single, trusted experience for the millions of consumers worldwide who use the company’s products and services, as well as for those seeking information provided by Lilly, such as investors, health care professionals, caregivers, and patients. In addition to educating consumers with short and intuitive domain names to remember, the .LILLY gTLD will indicate to Internet users that the domains and website content are owned and controlled by Lilly and its qualified subsidiaries and affiliates, thus demonstrating to users that the information is safe from spam and other potentially infringing or harmful content.
The initial use of the .LILLY gTLD will be primarily defensive in nature, with Lilly registering a limited number of second-level domain names. This initial use will provide Lilly’s IT and security personnel with an opportunity to test access to the Lilly website, and ensure interoperability with various software and Web-⁄mobile-based applications. Once the appropriate security and stability issues have been satisfactorily addressed, Lilly will likely begin allocating domain names for internal corporate use and may redirect new .LILLY domain names to preexisting content. This phased rollout will likely take place over a multi-year period, and is subject to change depending upon a range of external factors.
During this same period of time, Lilly will evaluate potential strategies for use of the .LILLY gTLD in other ways that will advance Lilly’s corporate mission and goals.
18.2.4 Provide a complete description of the applicant’s intended registration policies in support of the goals listed above.
Lilly currently intends for the .LILLY gTLD to be exclusively used by Lilly and its qualified subsidiaries and affiliates, at least for the first three years of operation. By virtue of its corporate relationship with those entities, Lilly will be able to require that the use of the .LILLY gTLD is in support of the goals listed above. In the event of an expansion to approved partners and others as described above, Lilly will require that such use of the .LILLY gTLD supports the goals listed above by means of the terms and conditions of the relevant agreements that such other parties will execute.
18.2.5 Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users? If so, please describe any such measures.
As a global pharmaceutical company, Lilly recognizes that this is an evolving area of law. Due to the fact that every domain name will be registered to Lilly and its qualified subsidiaries and affiliates, at least for the first three years, and because the .LILLY gTLD will be identified with Lilly, the company has a vested interest in ensuring that accurate and current domain name information is readily available in connection with each .LILLY domain name. All private or confidential information will be protected as required by applicable law.
Lilly will ensure that the operation of the .LILLY gTLD will be consistent with Lillyʹs Privacy Policy available here: http:⁄⁄www.lilly.com⁄privacy⁄Pages⁄default.aspx.
In addition, Lilly intends to incorporate contractual language in its Registry-Registrar Agreement (RRA) modeled after language that has been included in the template Registry Agreement and that has been successfully utilized by existing ICANN gTLD Registry Operators.
The template Registry Agreement states, “Registry Operator shall (i) notify each ICANN-accredited registrar that is a party to the registry-registrar agreement for the TLD of the purposes for which data about any identified or identifiable natural person (“Personal Data”) submitted to Registry Operator by such registrar is collected and used under this Agreement or otherwise and the intended recipients (or categories of recipients) of such Personal Data, and (ii) require such registrar to obtain the consent of each registrant in the TLD for such collection and use of Personal Data. Registry Operator shall take reasonable steps to protect Personal Data collected from such registrar from loss, misuse, unauthorized disclosure, alteration or destruction. Registry Operator shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars.”
18.2.6 Describe whether and in what ways outreach and communications will help to achieve your projected benefits.
As noted above, Lilly’s driving factor in securing the .LILLY gTLD in ICANN’s first gTLD application round is precautionary in nature, and while Lilly sees the potential for this gTLD to play a large role in Lilly’s future online strategic initiatives, there are a number of unanswered questions concerning consumer recognition, the adoption of new gTLDs, and the response from search engines in the marketplace that will influence both the usage of the gTLD and communications about that usage.
Notwithstanding this, Lilly plans to start using .LILLY domains initially as redirects to some existing .COM websites. Lilly also plans to carefully review the release of new gTLDs by others, the response from search engines to new gTLDs, and consumer perception. As the marketplace evolves, Lilly will reasonably invest in outreach and communication as needed to help its consumers and partners to continue to interact with Lilly content in a simplified and more intuitive manner.
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?
18.3 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)?
Lilly’s proposed operating rules limiting registration to Lilly and its qualified subsidiaries and affiliates, at least for the first three years of operation, will provide a trusted online environment for consumers to access Lilly’s online content, and will minimize social costs by default. This system will also provide consumers with a single, trusted source for information regarding Lilly’s products and services with a substantially lower risk of fraud, misdirection, infringement, or scams that have plagued consumers in .COM and other open gTLDs. Lilly does not anticipate consumer vulnerabilities; therefore, one way in which social costs will be minimized is that other trademark owners will not need to defensively register second-level domains in the .LILLY gTLD. For these reasons, Lilly believes the .LILLY gTLD may help to eliminate some of the vulnerabilities that Lilly’s consumers face in the wider Internet today.
18.3.1 What other steps will you take to minimize negative consequences⁄costs imposed upon consumers?
Lilly believes that the proposed operation of the .LILLY gTLD as set forth in this application has no known negative consequences or cost implications to consumers. On the contrary, the proposed operation of this registry will likely lead to benefits to consumers, as already described in this application.
18.3.2 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
Lilly does not envision multiple applicants for the same domain name, as domain names will only be registered to Lilly and its qualified subsidiaries and affiliates, at least for the first three years of operation.
18.3.3 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).
Lilly does not envision the implementation of any advantageous pricing, introductory discounts, or bulk registration discounts because these registrations would be limited to Lilly and its qualified subsidiaries and affiliates, provided at no cost, at least for the first three years of operation.
18.3.4 Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plans.
Lilly is committed to providing the domain name registration periods set forth in the Registry Agreement. However, as noted above, the registration of domain names is conditioned upon an affiliate or subsidiary relationship with Lilly, at least for the first three years of operation. Therefore, providing contractual commitments regarding the magnitude of price escalations does not seem appropriate.
Lilly acknowledges that the current template Registry Agreement requires that the Registry Operator “shall offer registrars the option to obtain registration periods for one to ten years at the discretion of the registrar.” However, Lilly and its qualified subsidiaries and affiliates, as the sole registrants within the .LILLY gTLD, currently intend to register domain names on an annual basis. This is done to better account for costs on an annual basis as well as to provide for more concise financial statements in Question 46 of this application, i.e., no multi-year registration or deferred revenue.