.FAIRWINDS New gTLD Application
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New gTLD Application Submitted to ICANN by: FairWinds Partners, LLC
String: FAIRWINDS
Originally Posted: 13 June 2012
Application ID: 1-1173-27755
Applicant Information
- Full legal name
FairWinds Partners, LLC
- Address of the principal place of business
1000 Potomac Street Northwest, Suite 350
Washington 20007
US
- Phone number
+01 202 223 9252
- Fax number
+01 202 223 9256
- If applicable, website or URL
Primary Contact
6(a). Name
Joshua Bourne
6(b). Title
Managing Partner, FairWinds Partners, LLC
6(c). Address
6(d). Phone Number
+01 202 223 9252
6(e). Fax Number
+01 202 223 9256
6(f). Email Address
Secondary Contact
7(a). Name
Philip Lodico
7(b). Title
Managing Partner, FairWinds Partners, LLC
7(c). Address
7(d). Phone Number
+01 202 223 9252
7(e). Fax Number
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Limited Liability Company
8(b). State the specific national or other jursidiction that defines the type of entity identified in 8(a).
Washington, District of Columbia
8(c). Attach evidence of the applicant's establishment.
Attachments are not displayed on this form.
9(a). If applying company is publicly traded, provide the exchange and symbol.
9(b). If the applying entity is a subsidiary, provide the parent company.
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
11(b). Name(s) and position(s) of all officers and partners
Joshua S. Bourne Managing Partner
Peter B. Langdon Chief Operating Officer & President
Philip M. Lodico Managing Partner
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
Joshua S. Bourne Managing Partner
Philip M. Lodico Managing Partner
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.
FAIRWINDS
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.
FairWinds Partners, LLC (ʺFairWindsʺ) foresees no known rendering issues in connection with the proposed .FAIRWINDS gTLD for which it is applying. This answer is based upon consultation with FairWindsʹ selected back-end provider, VeriSign, Inc., which has successfully launched a number of new gTLDs over the last decade. In reaching this determination, the following data points were analyzed:
- 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 Verisign 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/).
Mission/Purpose
18(a). Describe the mission/purpose of your proposed gTLD.
18.1 Mission and Purpose of .FAIRWINDS
FairWinds Partners, LLC (“FairWinds”) is a leading domain name analysis and advisory firm that specializes in helping global brands optimize and protect their Web presence - and ultimately their bottom lines - through the development and implementation of domain name strategies that are tailored to each brandʹs opportunities and challenges. FairWindsʹ solutions grow online traffic, increase revenue, improve online customer experiences, and reduce unnecessary domain-related costs. FairWindsʹ customized strategies and domain name program management services have helped Global 500 and blue chip companies worldwide and FairWinds content is accessible in multiple TLDs, including the .COM, .NET, .ORG, .MOBI, and .XXX gTLDs, as well as the .CH, .CN, .DE, .JP, .CA, .CO, .CO.UK, .ES, .IT, .RU, and .US ccTLDs.
FairWinds will be analyzing and evaluating other .BRAND gTLD applications, as well as general market adoption, to determine the short- and long-term potential best-in-class use case options that will most effectively serve and enhance FairWindsʹ online strategy as a leading domain name analysis and advisory firm.
The intended future mission and purpose of the .FAIRWINDS gTLD is to serve as a trusted, hierarchical, and intuitive namespace provided by FairWinds for use by FairWinds and FairWinds-affiliated entities and, potentially, strategic partners and clients.
Although ICANN has not specifically recognized a .BRAND gTLD specification in the current version of the Applicant Guidebook, it is widely anticipated within the brand owner community that this will become a specialty subset of new gTLDs. The .FAIRWINDS gTLD is planned as a .BRAND gTLD, with the goal of protecting FairWindsʹ online presence and identity; expanding its marketing and promotional efforts; providing a secure channel for online content and services; and offering a platform through which to consolidate many of the intellectual property activities of FairWinds.
FairWinds intends to initially limit registration and use of domain names within the .FAIRWINDS gTLD to FairWinds and FairWinds-affiliated entities. This initial limited use will allow FairWinds 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, is anticipated to exempt FairWinds from its annual Code of Conduct Compliance requirements.
FairWinds has currently planned a four-stage rollout for the .FAIRWINDS gTLD:
1) Stage 1
The initial stage of implementation of the .FAIRWINDS gTLD will involve FairWinds and FairWinds-affiliated entities registering a limited number of second-level domain names.
This initial use will provide FairWindsʹ IT and security personnel with the time to run a number of tests to ensure seamless and secure access using .FAIRWINDS domain names, interoperability with various software and Web-based applications, and unbroken and secure use of all domain names. This initial allocation will also allow the appropriate FairWinds staff to coordinate with the internal and external staff responsible for the application, delegation, and setup phases of the .FAIRWINDS gTLD to ensure proper transition from delegation to full operation.
2) Stage 2
Once all testing has been successfully completed, FairWinds will begin allocating domain names in .FAIRWINDS for more widespread internal corporate use. During this same period of time, FairWinds will begin evaluating strategies to potentially migrate traffic away from its current network of second-level domain names, which are registered in a variety of TLDs, to FairWindsʹ new .FAIRWINDS gTLD.
It is during Stage 2 that FairWinds will evaluate expanding the operations of the gTLD to permit registration by other registrants, such as strategic partners and⁄or clients. Should an assessment of its expansion strategy lead to a decision to extend registration rights to other parties, the expansion would take place during Stage 3. However, any expansion would be conditional upon a review of Specification 9 (Registry Code of Conduct), as set forth in the template Registry Agreement, to ensure compliance with FairWindsʹ business model.
3) Stage 3
Depending upon the analysis of the evaluations undertaken in Stage 2, FairWinds may begin to implement the permanent migration of Internet traffic away from the TLDs in which FairWindsʹ domain names are currently registered, toward the .FAIRWINDS gTLD. It is during this stage that FairWinds may also implement its decision to extend registration rights to strategic partners and⁄or clients, depending upon compliance with Specification 9 as noted above. The dates of such an expansion are subject to change depending upon business, strategic, and industry factors at the time.
After consideration of the following factors: analysis of FairWindsʹ existing domain name portfolio; internal analysis of marketing initiatives; and the fact that FairWinds will have full control over the number of registrations in the .FAIRWINDS gTLD namespace, FairWinds is confident that the number of domain name registrations will be less than 500 in the first five years of operation.
4) Stage 4
Based on its experience from the startup period through Year 5 of operation, and based on its experience with any expansions implemented in Stage 3, FairWinds will assess whether its business plan and expansion strategy should be augmented by extending registration rights to a broader class of registrants. FairWinds anticipates that changes to the domain name industry, particularly the impact of .BRAND gTLDs, will take at least five years to be realized and assessed. Any decision to expand the .FAIRWINDS gTLD beyond use by FairWinds and FairWinds-affiliated entities and, potentially, strategic partners and clients will take into account this experience as well as the technical analysis of potential expansion.
Utilizing current projections based upon FairWindsʹ existing businesses, future business plans, current domain name portfolio, and other strategic factors, FairWinds 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.
18(b). 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?
FairWinds believes that the proposed .FAIRWINDS gTLD has the potential to offer the following benefits to Internet users:
1) Establish a trusted source of information about FairWinds for current and potential clients, relevant third parties, and for the general Internet user population as a whole;
2) Provide FairWinds and FairWinds-affiliated entities with short and memorable Internet addresses and improve navigation to FairWinds services, resources, and media;
3) Through the adoption of new gTLDs by the wider Internet community, users may benefit from a lower incidence of phishing and malware, which are often associated with typos of domain names in the .COM space and owned by cybersquatters, since consumers will be navigating to domain names in gTLDs like .FAIRWINDS instead;
4) Minimize the cost and need for defensive registrations because domain names within the .FAIRWINDS gTLD will be allocated by FairWinds only; and
5) Develop a potential platform for the secure access to, and distribution of, information about FairWindsʹ services to Internet users, in order to minimize the potential for false information or infringing services.
FairWinds currently operates a number of websites using a combination of second-level and top-level domain names. A representative sampling of FairWinds websites that incorporate geographical identifiers into the domain name include:
FairWinds.cn
FairWinds.es
FairWindsPartners.ca
FairWindsPartners.ch
FairWindsPartners.co
FairWindsPartners.co.uk
FairWindsPartners.de
FairWindsPartners.jp
FairWindsPartners.us
FairWinds believes that the .FAIRWINDS gTLD can provide an online, single-source identifying function for current and future FairWinds clients.
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 .FAIRWINDS gTLD is to provide a trusted, hierarchical, and intuitive online vehicle to deliver FairWinds content and information about the companyʹs businesses, services, and focus. As FairWinds continues to grow, it is the companyʹs desire to continue to pursue and develop opportunities to market and distribute its content and services, in the U.S. and internationally, through a variety of platforms, including the Internet. Given that consumers are increasingly demanding access to companies and brands through a number of online channels, including via domain names, FairWinds believes that the .FAIRWINDS gTLD has the potential to provide an innovative, virtual avenue to FairWinds content and services that will deepen and broaden the companyʹs relationship with current and potential clients.
Through the use of the .FAIRWINDS gTLD, FairWinds will also be able to provide access to content and information about its services in a namespace devoid of piracy, cybersquatting, and other malicious cybercriminal activities. Providing Internet users with a safe experience is paramount to FairWinds, and the .FAIRWINDS gTLD will be used to further that goal.
While advisory firms such as FairWinds must fight a never-ending battle to protect their intellectual property from piracy on the Internet, both on behalf of themselves and their clients, the .FAIRWINDS gTLD has the potential to offer Internet users a safe and intuitive means of accessing authorized FairWinds content.
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 brand gTLD, the primary driving factors behind .FAIRWINDS are differentiation and innovation. The success of the gTLD will not be measured by the number of domain names registered, but by the levels of consumer recognition and trust that are placed in .FAIRWINDS. Using this as a benchmark, FairWinds will strive to build consumer recognition and trust, through usage of .FAIRWINDS, that rise to the levels of those found in the .EDU and .GOV gTLDs.
18.2.3 What goals does your proposed gTLD have in terms of user experience?
FairWinds believes that the .FAIRWINDS gTLD will provide a single, trusted ecosystem experience for Internet users worldwide, particularly current and potential clients seeking FairWinds content or information about the companyʹs services online. In addition to providing FairWinds with short, memorable, and intuitive domain names, the .FAIRWINDS gTLD will also indicate to users that they are navigating in a secure space where all domain names and content are owned and controlled by FairWinds, thereby assuring them that they are protected from potential unauthorized, infringing, pirated, or malicious content.
The initial use of the .FAIRWINDS gTLD will be primarily defensive in nature, with FairWinds and FairWinds-affiliated entities registering only a limited number of second-level domain names. This initial use will provide FairWindsʹ IT and security personnel with the ability to run a number of tests to ensure seamless and secure access to the FairWinds website, and interoperability with various software and Web⁄mobile-based applications. Once the appropriate security and stability issues have been satisfactorily addressed, FairWinds will likely begin allocating domain names for internal company use and may redirect new .FAIRWINDS domain names to pre-existing content. This phased rollout will likely take place over a multi-year period, but is subject to change depending upon a range of external factors.
During this same period of time, FairWinds will evaluate potential strategies to use the .FAIRWINDS gTLD in other ways that will advance the companyʹs 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.
FairWinds currently intends for the .FAIRWINDS gTLD to be used exclusively by FairWinds and FairWinds-affiliated entities and, potentially, strategic partners and clients. Because of this condition, any registration and use requirements are more appropriately vested in these corporate⁄partner⁄client agreements and not in a domain name registration agreement.
Notwithstanding this, FairWinds will incorporate all required ICANN consensus policies and other legal⁄policy requirements imposed on new gTLD applicants into the terms and conditions of the domain name registration agreement that each potential strategic partner or client would 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.
FairWinds recognizes that this is an evolving area of law in which there are no international standards. However, due to the fact that every domain name within the .FAIRWINDS gTLD will be registered to FairWinds and FairWinds-affiliated entities and, potentially, strategic partners and clients, the company has a vested interest in ensuring that accurate and current domain name information is readily available in connection with each .FAIRWINDS domain name. For the .FAIRWINDS gTLD, all private and confidential information will be protected.
FairWinds will ensure that the operation of the .FAIRWINDS gTLD will be consistent with its Privacy Policy Statement (see, http:⁄⁄www.fairwindspartners.com⁄en⁄copyright).
In addition, FairWinds 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.ʺ
18.2.6 Describe whether and in what ways outreach and communications will help to achieve your projected benefits.
As noted above, the driving factor behind FairWindsʹ application for the .FAIRWINDS gTLD in ICANNʹs first application round is precautionary in nature. While FairWinds sees the potential for this gTLD to play a role in FairWindsʹ 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, all of which will influence the degree to which .FAIRWINDS is used and communication about that usage.
Notwithstanding this, FairWinds plans to initially start using .FAIRWINDS domain names as redirects to existing FairWinds .COM domain names. FairWinds also plans to carefully review the release of new gTLDs by others, the response from search engines to brand gTLDs, and consumer perception. As the marketplace evolves, FairWinds will invest in outreach and communication as needed, to ensure that current and potential clients, as well as Internet users as a whole, continue to interact with FairWinds in a simplified and efficient manner.
18(c). What operating rules will you adopt to eliminate or minimize social costs?
18.3.1 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)?
FairWindsʹ proposed operating rules to limit registration to FairWinds and FairWinds-affiliated entities and, potentially, to strategic partners and clients, will provide a trusted online environment for Internet users and will minimize social costs by default. This verified ecosystem will provide users with a single, trusted source for FairWinds content and information about its services, with a substantially lower risk for the types of misdirection, infringement, and scams that consumers are typically plagued by in .COM and other open gTLDs. FairWinds does not anticipate consumer vulnerabilities. In fact, social costs will actually be eliminated in that there will be no need for other trademark and brand owners to defensively register second-level domains in the .FAIRWINDS gTLD. FairWindsʹ expectation is that use of the .FAIRWINDS gTLD will eliminate many of the vulnerabilities that Internet users face in the wider Internet today.
18.3.2 What other steps will you take to minimize negative consequences⁄costs imposed upon consumers?
FairWinds believes that the proposed operation of the .FAIRWINDS gTLD, as set forth in this application, will have no negative consequences or cost implications to Internet users. On the contrary, the proposed operation of .FAIRWINDS will likely lead to direct benefits for users as outlined above.
18.3.3 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
FairWinds does not envision multiple applicants for the same domain names given that domain names will only be allocated by FairWinds for internal company use or, potentially, to strategic partners or clients.
18.3.4 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).
FairWinds will not offer any advantageous pricing, introductory discounts, or bulk registration discounts because these marketing⁄commercial initiatives are inconsistent with the mission and purpose of the .FAIRWINDS gTLD as a trusted online source identifier. Moreover, it is FairWindsʹ current intention to provide domain name registrations to itself and, potentially, strategic partners and clients, at no cost.
18.3.5 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.
FairWinds is committed to providing the domain name registration periods set forth in the Registry Agreement. However, as noted above, as a brand gTLD, the registration and use of .FAIRWINDS domain names will be conditional upon a separate strategic partnership or client relationship with FairWinds. Therefore, providing contractual commitments in a domain name registrant agreement regarding the magnitude of price escalations does not seem relevant or appropriate. Additionally, as noted above, the current business model involves FairWinds providing domain name registrations to itself, FairWinds-affiliated entities, and strategic partners and clients at no cost.
FairWinds 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, FairWinds and FairWinds-affiliated entities, as the sole registrants within the .FAIRWINDS gTLD, will only be registering domain names on an annual basis. This is 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.