.bms New gTLD Application
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New gTLD Application Submitted to ICANN by: Bristol-Myers Squibb Company
Application Downloaded On: 23 Sep 2014
String: bms
Application ID: 1-1799-64357
Applicant Information
- Full legal name
Bristol-Myers Squibb Company
- Address of the principal place of business
345 Park Avenue New York, New York - 10154 US
- Phone number
+1 2125464000
- Fax number
+1 609 818 7867
- If applicable, website or URL
http://www.bms.com
Primary Contact
6(a). Name
Michael Lanciotti
6(b). Title
Sr. Advisor, Asset Management
6(c). Address
6(d). Phone Number
+1 609 818 3151
6(e). Fax Number
+1 609-818-4219
6(f). Email Address
Secondary Contact
7(a). Name
Elisabeth Bradley
7(b). Title
Assistant General Counsel & Chief Trademark Counsel
7(c). Address
7(d). Phone Number
+1 6092524457
7(e). Fax Number
+1 6092524526
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).
A Corporation formed under the laws of the State of Delaware
8(c). Attach evidence of the applicant's establishment.
Attachments are not displayed on this form.
9(a). If applying company is publicly traded, provide the exchange and symbol.
New_York_Stock_Exchange / BMY
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
Alan Jasper Lacy Director
Dinesh Chandra Paliwal Director
Gerald Leonard Storch Director
Giovanni Caforio, M.D. Director
James Milton Cornelius Director/Chairman of the Board
Lamberto Andreotti Director/CEO
Laurie Hollis Glimcher, M.D. Director
Lewis Byrns Campbell Director
Michael Grobstein Director
Robert Sanders Williams, M.D. Director
Thomas James Lynch, Jr. M.D. Director
Togo Dennis West, Jr. Director
Vicki Lee Sato, Ph.D. Director
11(b). Name(s) and position(s) of all officers and partners
Name
Position
Ann Powell Judge Sr. V.P., Global Human Resources
Anne Nielsen Sr. V.P., Chief Compliance & Ethics Officer
Brian Fredrick Daniels, M.D. Sr. V.P. Global Development & Medical Affairs
Charles Alfred Bancroft Chief Financial Officer
Francis Michael Cyprian Cuss, MB BChir FRCP Sr. V.P. Research, R&D
John Elicker Sr. V.P., Public Affairs & Investor Relations
Joseph Conrad Caldarella Senior V.P. & Controller
Louis Stephen Schmukler President, Technical Operations
Paul Henry von Autenried Sr. V.P. and Chief Information Officer
Samuel J. Moed Sr. V.P., Strategic Planning & Analysis
Sandra Leung General Counsel & Corporate Secretary
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.
bms
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.
The .bms string and A-Label were developed in line with and checked against the eligibility, stability and policy criteria as stated in the ICANN Applicant Guidebook - version 2012-01-11. The results of those checks are as follows:
- The string has less than 63 characters;
- The string in ASCII is composed of three or more visually distinct characters;
- The ASCII label consists entirely of letters;
- The string is not a reserved name as shown in section 2.2.1.2.1 - Reserved Names of the ICANN Applicant Guidebook - version 2012-01-11; and
- .bms is not identical or similar to any of the top 10 invalid TLD’s responsible for the majority of DNS pollution, as referenced in the Security and Stability Advisory Committee (SSAC)’s report on this topic at http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄sac045.pdf. It is likely that the .bms has not already been queried with meaningful frequency at the root. Therefore, it is unlikely that .bms will inherit significant invalid query traffic.
Due to the positive results of these checks, Bristol-Myers Squibb Company does not believe that the .bms gTLD will be subject to any operational or rendering problems.
- OPTIONAL.
Provide a representation of the label according to the International Phonetic Alphabet (http://www.langsci.ucl.ac.uk/ipa/).
18A. Describe the mission/purpose of your proposed gTLD.
THE MISSION AND PURPOSE OF THE NEW RESTRICTED .BMS gTLD IS TO BENEFIT INTERNET USERS BY ENSURING INCREASED TRUST AND CONFIDENCE THROUGH THE ELIMINATION OF USER CONFUSION AND ASSURANCE OF BRAND AUTHENTICITY.
The new .bms gTLD will operate as a restricted registry, in which Bristol-Myers Squibb Company (BMS) can create and control domain spaces that promote its brand identity and authenticity. In this regard, the .bms gTLD will be used by BMS, its affiliates and partners to provide authoritative information, services and resources to consumers regarding BMS’ range of innovative medicines in a way that promotes trust, convenience and utility. Second and third level domains can then be utilised for specific websites about BMS’ medicine products and therapeutic treatments, as well as for communication and marketing purposes, with internet users assured of brand authenticity.
BMS is a leading global biopharmaceutical company with about 27,000 employees whose mission is to discover, develop and deliver innovative medicines that help patients prevail against serious diseases. BMS develops, manufactures, licenses, markets, distributes and sells pharmaceutical products around the world. BMS was originally incorporated as Bristol-Myers Company in 1899 and became Bristol-Myers Squibb Company in 1989 when Bristol-Myers Company merged with Squibb International. BMS is listed on the New York Stock Exchange, as BMY, with a market capitalisation of approximately USD55 billion and revenue in 2011 of over USD21 billion. BMS’ medicines help millions of patients worldwide in their fight against diseases including cancer, cardiovascular disease, diabetes, hepatitis B, HIV⁄AIDs, psychiatric disorders and rheumatoid arthritis. Since 2002, BMS has delivered 13 key new products to patients with serious diseases. BMS is committed to social and environmental responsibility and philanthropic endeavours, such as BMS’ ground-breaking USD150 million program to help confront HIV⁄AIDs in Africa. BMS continually invests in Research and Development (R&D), including USD3.8 billion in 2011, and is widely recognised as having one of the most productive pipelines in the pharmaceutical industry. In this regard, continuous innovation and consumer trust are paramount considerations in all its activities. The new .bms gTLD will strengthen BMS’ global brand and online presence and provide an intuitive reference point for users to access information about BMS’ medicines and therapeutic treatments, social responsibility and philanthropic programs.
Since the inception of the current domain name system, business activities conducted on the internet are constantly changing and evolving with increased complexity. The volume of commercial transactions over the internet is constantly growing and bringing benefits of simplicity and lowered transaction costs to businesses and consumers. However, at the same time, criminal activities over the internet including data breach, hacking and phishing activities have also become more sophisticated resulting in loss of consumer confidence beyond mere monetary harm. The .bms gTLD will facilitate greater trust and assurance from internet users connecting with BMS online, whilst still allowing convenient and efficient interaction.
BMS’ mission and purpose of the proposed gTLD shares ICANN’s initiatives to promote public interest. BMS is committed to contributing towards achieving such initiatives in line with ICANN’s Affirmation of Commitments, which includes:
- consumer trust: the .bms gTLD registry will be operated in a centralised manner with a restrictive registration policy. Registration of domain names will only be available to BMS and its affiliate entities, at this stage, which will provide added consumer trust and confidence that .bms domain names are trustworthy. As .bms domain names are subject to registration standards, policies and procedures under BMS’ control, this eliminates the possibility of malicious conduct within the .bms domain space;
- competition: the gTLD is not intended to instigate competition and consumer choice at the level of registration of domain names among prospective registrants. Instead it is anticipated to contribute to ICANN’s initiatives to promote public interest through its operation focused on promoting consumer trust. Increased trust in the .bms gTLD will drive existing and new top level domain (TLD) registry operators to make improvements in mechanisms to improve consumer trust of their TLDs; and
- consumer choice: the new gTLD will enable user-driven improvements and innovations assisting BMS’ marketing efforts through its ability to create new second and third level domain names on demand. These names will provide consumers with more choices for interacting with BMS. As BMS has effective control over the registration and use of domain names under .bms domain space, this will also contribute towards general service innovations on the internet.
Given the restricted nature of the .bms gTLD, the projected number of registration is likely to be limited. It is anticipated that about 5 domain names will be registered in the first year. However, over the next few years, the number of registrations is likely to increase to around 500 domain names as BMS expands, develops and delivers new innovative medicines and therapies, and implements services and marketing campaigns.
As the new .bms gTLD expands and evolves, BMS will continue to comply with all operational, technical and policy requirements, as well as maintaining consumer trust and the stability of the internet. BMS will keep ICANN reasonably informed of any material developments relating to .bms gTLD including compliance with the continued operations instrument obligations as set out in Specification 8 of the Registry Agreement.
BMS intends to create relevant domain names including products, services, programs and geographic names in the second or third level domain names. In accordance with registration policy and the proposed measures for protection of geographic names as outlined in response to Question 22, BMS will use geographic names to localise its websites in countries in which it operates. The use of geographic names is intended to:
- connect internet users with relevant information as applicable to the territory; and
- comply with required rules and regulations in the national territory.
BMS has its registered “BMS” trademark with an exact match to the .bms gTLD in 38 countries and territories, including the European Community, India and the UK, primarily for the following categories: Pharmaceuticals for human use (Class 5); Surgical, medical and dental apparatus and instruments (Class 10); Printed matter and brochures relating to pharmaceuticals and disease prevention (Class 16); Educational materials (Class 41); Pharmaceutical research and development services (Class 42); Advertising and business development services (Class 35); Chemicals (Class 1); and Bleaching preparations (Class 3).
BMS has existing domain names with an exact match to the “BMS” trademark and applied-for .bms string in the following spaces:
- gTLDs: bms.com and bms.org
- ccTLDs: bms.es, bms.mx, bms.pe, bms.ph, bms.pk and bms.pt.
BMS also has nearly 500 domain names containing the “BMS” trademark. Recently, BMS was successful in securing Sunrise application for the .xxx domain space based on existing trademark registration.
BMS believes that the .bms gTLD is unlikely to cause confusion with either a generic term or any existing TLDs. BMS trademarks are a leading global brand with significant reputation in countries all around the world. BMS has used the term Bristol-Myers in conjunction with its pharmaceutical and therapeutical businesses for over 110 years and the term BMS for 23 years. As such, the BMS brand is well known for developing and delivering innovative medicines that help patients around the world prevail over serious diseases.
18B. How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
18(b)i. WHAT IS THE GOAL OF YOUR PROPOSED gTLD IN TERMS OF AREAS OF SPECIALTY, SERVICE LEVELS OR REPUTATION?
The key goals of the proposed new .bms gTLD are in line with ICANN’s Affirmation of Commitments: to promote consumer trust, competition and consumer choice. BMS also seeks to foster its online reputation and provide an authoritative and intuitive internet space through which BMS is able to provide internet users, patients and consumers with accurate information and resources regarding its range of medicine products. The ability to create domain names on demand related to existing medicines and therapeutic treatments, innovative new product development, specific marketing and specialty service supports these goals. Strengthened security measures, service levels and more effective functionality will provide a trusted and positive user experience.
18(b)ii. WHAT DO YOU ANTICIPATE YOUR PROPOSED gTLD WILL ADD TO THE CURRENT SPACE, IN TERMS OF COMPETITION, DIFFERENTIATION, OR INNOVATION?
It is anticipated that the proposed .bms gTLD will make positive contributions to the wider internet community by providing:
DIFFERENTIATION (INCREASED TRUST):
The .bms gTLD will simplify how internet users interact with BMS by providing a distinctive domain space. Internet users will be able to directly navigate to the .bms gTLD site, saving time and resources searching for an official site. The current domain name system has shown that it is vulnerable to malicious abuses due to registration of domain names which seek to exploit consumer confusion. BMS can address some of these vulnerabilities by maintaining complete control over the domain names registered under the .bms domain space. The new .bms gTLD will provide internet users with an authentic, trusted source of accurate information regarding BMS’ range of innovative medicines and its commitment to social responsibility. Together with consumer trust, internet users will be able to rely on the authoritativeness of the domain names under .bms domain space, which will differentiate interaction between internet users and BMS.
COMPETITION:
The differentiation of .bms gTLD as a trusted site for BMS will drive existing and new TLD registry operators to make improvements in mechanisms to improve consumer trust of their TLDs. Internet users will be encouraged to interact with domain names under .bms domain space. As a result, .bms will have a flow on effect to enable increased competition. Therefore, the benefits of the proposed .bms will be distributed not only to its direct customers, but to the internet community at large forcing improved services and competitive pricing in the market place.
INNOVATION:
With the expansion of the internet community to all corners of the world, the existing TLD structure presents limitations, not only in the availability of domain names for registrants, but also to businesses and organisations establishing a coherent global online brand presence to meet their evolving business needs. It is often difficult to register a domain name in existing domain space due to unavailability of the desired name. This problem is amplified for global organisations such as BMS who work across many different jurisdictions and geographical markets. Even when the desired domain name is available, it may come with a high price tag associated with a purchase of such desired name from a third party. The new .bms gTLD will unite BMS’ global online presence within one single innovative channel through which users can easily access information about BMS’ medicines, R&D and social responsibility programs. BMS has the ability to create second or third level domain names relating to products, therapeutic treatments and geographic names on demand which are relevant to patients and internet users. BMS will be able to combine its use of the domain space with innovative user focused marketing and services to address the currently unmet needs in the existing domain name system providing greater consumer choice.
18(b)iii. WHAT GOALS DOES YOUR PROPOSED gTLD HAVE IN TERMS OF USER EXPERIENCE?
The proposed .bms will provide a positive user experience, which meets the changing and growing needs of the global internet community. BMS will maintain control in the registration and use of domain names and will ensure that the new gTLD will only be used for purposes authorised by BMS. Therefore, the .bms gTLD will:
- provide an easy and intuitive reference and access point for internet users;
- unite BMS’ global online presence within one authentic single innovative channel;
- provide authoritative and accurate information about BMS’ range of medicines and therapeutic treatments;
- increase global awareness of BMS’ commitment to social responsibility, environment sustainability and philanthropic programs;
- represent authenticity thus promoting user confidence;
- strengthen brand reputation and user confidence by eliminating user confusion;
- direct internet users to relevant information in a timely manner by creating domain names on demand;
- use geographic names to localise its websites to connect with internet users in the relevant regions and to comply with local laws;
- enhance security and minimise security risks by implementing necessary technical and policy measures; and
- prevent potential abuses in the registration process reducing overall costs to businesses and users.
At this stage, BMS does not intend to utilise Internationalized Domain Names (IDNs) at the second level. However, as the .bms gTLD evolves, BMS may wish to utilise IDNs to allow internet users to engage with .bms in their native language, creating a more positive user experience and encouraging diversity.
The .bms gTLD should address the concerns that the current domain name system is open to potential malicious abuse and user confusion in the registration processes. Although the current system allows an eligible party to lodge a claim through existing Uniform Domain Name Dispute Resolution Policy (UDRP) or other dispute resolution processes, the .bms gTLD will reduce potential abuses in the registration processes and overall costs to internet users. User confidence in the domain name system will be strengthened, which will ultimately contribute towards promoting ICANN’s core values in benefiting the public interest.
18(b)iv. PROVIDE A COMPLETE DESCRIPTION OF THE APPLICANTʹS INTENDED REGISTRATION POLICIES IN SUPPORT OF THE GOALS LISTED ABOVE.
The proposed registration policy is attached in response to Question 28.
Only affiliate entities of BMS will be eligible to register domain names in .bms at this stage. The domain name registration processes will address the requirements mandated by ICANN, including rights abuse prevention measures.
18(b)v. 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.
BMS is committed to protection of privacy and confidential information in accordance with its objective of increasing consumer trust and providing a safe and legitimate internet space for internet users. Privacy and confidential information will be protected in accordance with all applicable laws and regulations relating to internet security, privacy and user’s confidential information.
BMS has also implemented its own privacy policy to demonstrate its commitment to the protection of user privacy and confidential information. BMS respects the privacy of users’ personal information and understands that information about a person’s health and health care is particularly sensitive. BMS’ Privacy Policy governs the collection, use and disclosure of users’ personal information. In particular, BMS’ Privacy Policy provides that BMS will only provide personal information to its subsidiaries, affiliates and partners working directly with BMS to provide customers with products, services, programs or information about those products, services or programs. BMS does not sell, rent or otherwise provide any personal information to third parties.
As the .bms gTLD will only be available to affiliate entities of BMS, initially, the amount of personal data that will be collected for the purposes of operating the gTLD and made publicly available in the WHOIS database will be very limited. BMS will provide a publicly available and searchable WHOIS look up facility, where information about the domain name status, registrant information including administrative and technical contact details can be found in accordance with Specification 4 of the Registry Agreement. In order to prevent misuse of the WHOIS look up facility, BMS will utilise measures including a requirement where any person submitting a WHOIS database query is required to read and agree to the terms and conditions in accordance with the registration policy. This will include the terms of use that the WHOIS database is provided for information purposes only and that the user agrees not to use the information for any other purposes such as allowing or enabling the transmission of unsolicited commercial advertising or other communication.
BMS will deploy Domain Name System Security Extensions (DNSSEC) which is intended to benefit both BMS and its users interacting with BMS online. DNSSEC provides additional security by validating information in the transmission, therefore it is intended to benefit those who publish information in the domain name system (DNS) and the users who retrieve information from the new .bms gTLD. BMS already implements measures to protect privacy or confidential information of its users against misuse, loss, alteration and unauthorised access. Such measures include, but are not limited to, the use of firewalls, encryption technologies, multi-factor authentication and security monitoring tools.
BMS will continue to apply all security measures currently implemented and will comply with all other policies and practices required by ICANN in the Registry Agreement and any relevant Consensus Policy for protecting the privacy and confidential information of registrants and users in the new .bms domain space.
18(b)vi. DESCRIBE WHETHER AND IN WHAT WAYS OUTREACH AND COMMUNICATIONS WILL HELP TO ACHIEVE YOUR PROJECTED BENEFITS.
The proposed new gTLD will be publicised by a media plan to promote recognition of the new gTLD within the internet community to be a trusted site and as a sign of authenticity.
During the initial stage of the operation of the proposed new gTLD, it is anticipated that internet users will be re-directed to current websites. However, over time, it is foreseen that communication to the internet community of the existence of the proposed new gTLD and encouragement to utilise the trusted site will contribute towards minimising malicious abuses and protecting internet users.
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?
As a restricted gTLD, registration will only be open to internal users (affiliate entities) at this stage and no third parties will be able to register domain names under .bms domain space. Therefore, it is not anticipated that third party trademark owners will incur costs in relation to the .bms gTLD. The affiliate entities wishing to register domain names must ensure that all the policy requirements for registration are satisfied. BMS will utilise the services of the proposed Trademark Clearinghouse to ensure that domain names registered and the use of those domain names, do not infringe any registered third party intellectual property rights.
No unaffiliated third party will be permitted to register domain names at this stage. It is estimated that time and money spent by consumers who have been targeted by malicious abuse in utilising services on the internet will reduce over time as a result of the new, trusted .bms gTLD.
18(c)i. HOW WILL MULTIPLE APPLICATIONS FOR A PARTICULAR DOMAIN NAME BE RESOLVED, FOR EXAMPLE, BY AUCTION OR ON A FIRST-COME⁄FIRST-SERVE BASIS?
The initial use of the proposed new gTLD will be restricted to internal business use and BMS and affiliate entities are intended to be the registrants under the .bms gTLD. Therefore conflicts between multiple applications are not anticipated to occur.
18(c)ii. EXPLAIN ANY COST BENEFITS FOR REGISTRANTS YOU INTEND TO IMPLEMENT (E.G., ADVANTAGEOUS PRICING, INTRODUCTORY DISCOUNTS, BULK REGISTRATION DISCOUNTS).
This gTLD will be used for internal purposes only, at this stage, so pricing incentives are not applicable or relevant.
18(c)iii. 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 PLAN.
This gTLD will be used for internal purposes only, at this stage, so pricing incentives or pricing increases are not applicable or relevant as no additional fees are to be charged.