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Perspectives Volume 3, Issue 4 Specialized TLDs
FairWinds Partners, LLC | Internet Strategy Consulting Page 1 of 12
2122 P Street, NW | Suite 300 Washington, D.C. 20037
Copyright © 2008 - Duplication and Redistribution Prohibited.
Abstract:
Potentially biased marketing campaigns are implying the beginnings of a widespread
trend of brand owners lining up to register specialized extensions “DotBrands” and
contain the underlying threat of brands being left behind if they do not follow suit.
However, brand owners must avoid the potential pitfalls of rushing to respond to this
sales pitch, and step back to take a realistic look at the specialized TLD, what its registry
entails and the likelihood of its success. This paper offers the perspective from that step
back.
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Should Brands Create and Manage .BRAND Registries?
A Closer Look at the Specialized TLD
Domain names are defined as alphanumeric strings separated by dots that
translate IP numbers into easier-to-remember labels. Domain names feature a hierarchy
of levels, separated by dots, where the root of the domain name is the portion of the name
that follows the “www.” and precedes the extension. For example, “google” is the root of
the domain name, www.google.com. The extension is the final portion of a domain name
beyond the root and sometimes following the right-most “.” (for instance, ".COM" or
".FR"). As ICANN prepares to open up the domain name space to an uncapped number
of new TLD applications, the so-called “specialized TLD” is attracting the most attention.
The specialized TLD is a dot-Brand, where a company can become the registry for an
extension that is composed of their brand name.
Recent direct outreach to brand owners by ICANN and providers of outsourced
registry services has implied that new TLDs can be deployed and user behavior easily
changed to adapt to a new Internet hierarchy where a dot-BRAND search would become
more common than a dot-COM search. This is concerning to FairWinds since it would
force the next generation of brand owners to fund the expansion of the domain
namespace through defensive investments. We compiled this paper to serve as a resource
for any company considering their own top-level domain.
In order to understand the potential impact of the specialized TLD, it is important
to consider the current Internet landscape. With much of today’s commerce being
conducted via the Internet, Web sites enable companies to deliver positive experiences to
customers searching for the brand online, draw in casual browsers and promote their
brand in a beneficial and memorable way. So, at their most basic level, domain names are
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valuable because people frequently type them into browsers – this is especially true of
.COM and the more popular country code TLDs (ccTLDs).
Given the omnipresence of sites such as Google and Yahoo!, one might assume
that browsers primarily use search engines to reach their intended destinations online.
However, according to a recent Forrester report, search via direct navigation accounts for
38 percent of Web site traffic. WebSide Story’s StatMarket division estimates that more
than 67 percent of global Internet users arrive at Web sites by direct navigation. This type
of navigation, also known as type-in-traffic, is defined as traffic derived from a visitor
arriving at a Web site by keying a word or phrase into the browser address bar rather than
following a link, a bookmark, or a search engine’s results. Direct navigation users
typically type in keyword terms, brands plus keywords or generic category terms. The
use of “dot-COM” is so prevalent, consumer searches usually vary by what domain root
is entered into the browser rather than by what extension is used. For example, a direct
navigation user may type in realestate.com when looking for information on purchasing a
home or may type in remaxagent.com when looking for a RE/MAX real estate agent.
A large portion of direct navigation results in Web users finding the Web site or
content that they were interested in. For instance, a user who types hotmail.com directly
into the address bar will be brought to Microsoft’s www.hotmail.com Web site, where he
or she can manage an email account. In other cases, users that search with generic
keywords are directed to sites that have been strategically purchased by corporations. For
example, the domain salad.com leads to the Clorox Company’s Hidden Valley Ranch
salad dressing site.
The frequency with which a domain name is entered into the browser bar
demonstrates the value of that name. Direct navigation user behavior shows that .COM
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domain names are the most valuable, followed by domain names paired with country
code extensions. Other gTLDs including .NET and .INFO have very low value because
users rarely enter them in their browser bars when practicing direct navigation. If the
climate of the direct navigation market continues along this path, only .COM and popular
ccTLDs domain names will continue to see a steady increase in value and provide
businesses with an effective way to reach their audiences and a generous return on
investment.
With millions of domain names occupying and continuously changing the
Internet, not only is there opportunity for brand owners to garner traffic, there is also
ample opportunity to lose it. There are times when direct navigation does not deliver the
expected content. For example, if a user makes a typographical error, such as appple.com
or wwwhotmail.com, the user is not delivered to the anticipated Web site. In the case of
“microsoftexcel.com” the domain name resolves to a pay-per-click site consisting
primarily of recycled paid search links to other Web sites. In cases such as these,
consumers have found themselves on cybersquatted sites, which are sites where a
company or individual has registered the domain in order to siphon traffic meant for
another destination. Cybersquatting is the “bad-faith and abusive registration of
distinctive marks as Internet domain names with the intent to profit from the goodwill
associated with such marks.”1
Navigating to a cybersquatted page often leaves users with a negative impression
and leads to an uncomfortable “hijacked” feeling because users are taken to unexpected
and sometimes inappropriate content. Because attracting Web traffic is vital to success in
1 Greenfield, Neal and Sarah Deutsch. “The U.S. Anticyberquatting Consumer Protection Act.” Trademark Law & The Internet: Issues, Case Law, and Practice Tips. 2nd ed. 2001: 247.
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the online space, the loss of users due to negative impressions may bear significant
consequences for a company.
Cybersquatters have built a business around registering names that are
confusingly similar to brands in order to turn a profit. Cybersquatters utilize specific
methods and tools in order to more accurately determine the most profitable domain
name investments for their businesses. Domain names are a brand’s most important
gateway to consumers online, thus the most profitable domain names for brand owners
are also the most profitable domain names for cybersquatters. Due to current trends in
consumer behavior, those names are, more often than not, in the dot-COM TLD. Traffic
lost to cybersquatted Web pages has a profound impact on a brand’s immediate and long-
term business prospects.
Specialized TLDs - A New Business Opportunity
Unfortunately, much of the onus of recovering infringed names is placed on the
brand owners. They are tasked with doing all of the due diligence, financial and
otherwise, to recover names. As soon as they have successfully recovered one set of
names, another ten, hundred, or thousand infringing names are registered.
Left with such a desperate situation, some brands might be tempted by pitches
that advocate the creation of their own dot-BRAND TLD. ICANN and registrars are
heralding specialized TLDs as a solution to the problem of brand enforcement. Marketing
campaigns are hinting at the beginnings of a widespread trend towards heavy registration
of specialized extensions by brand owners. Unfortunately, the underlying threat is that
brand owners will be left behind if they do not follow suit. Brand owners must avoid the
potential pitfalls of rushing to respond to this sales pitch. The people pushing specialized
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TLDs are the same people that have pushed all of the new TLDs that have been launched
over the past 8 years, none of which have been adopted by users. These new TLDs are
exponentially different than defensive domain name registrations. The formation of a
registry involves a great deal of time and resources and brand owners must consider the
real likelihood of success.
To recap, at their most basic level, domain names are valued based on the amount
of traffic and revenue they generate, and the amount of traffic and revenue they generate
are based on how likely it is that Internet users will visit that domain name. Currently, an
Internet user is much more likely to type in an intuitive domain root and the extension
“dot-COM.” What if instead of searching for intuitive domain roots ending in the “dot-
COM” extension however, consumers began searching for intuitive domain roots ending
in the extension of the brand that they are looking for?
The common pitch advocating specialized TLDs is that they can offer brands
unique control over their Internet footprint. Brand owners who register a specialized TLD
would have the ability to approve domain registrations made under that TLD, ensuring
that the brand will only be affiliated with the partners and individuals of their choosing.
This would allow for brand-specific targeting; it would not just be about communicating
one site, but also about creating a network around the brand and linking its products,
services and partnerships under the TLD.
The greatest attraction of the specialized TLD is the hope that specialized TLDs
will edge out dot-COMs as the more intuitive direct domain name navigation choice.
Having one extension to remember for a brand is easier than remembering several
domains for various products, and advocates of the specialized TLD argue that these
extensions will become the new way to do business on the Internet. Customers will be
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guaranteed to find the authentic brand they are looking for if they use the appropriate
extension and will know that any other extension may carry counterfeit products or
provide other unwanted experiences. In this example, consumers would no longer be
duped into counterfeit purchases, and brands would no longer suffer losses resulting from
cyber crime.
However, the fact of the matter is that the development of a dot-BRAND will not
stop the creation of confusing content in the dot-COM environment, nor will it change
user behavior. While many brands would rather they didn’t, consumers tend to shop and
search by category and vertical. Some of this behavior is driven by brand loyalty, but it is
also due to the fact that the Internet provides easy, direct, and free flowing access to
information about many different types of products and services. Segmenting content by
brand would potentially detract from this. In addition, the idea that Internet users will no
longer look to dot-COMs for products if they know that they will be assured authenticity
and quality from specialized extensions is simply unrealistic. People will still seek the
non-corporate sites that promise better prices or third-party opinions about a brand. While
a dot-BRAND can provide some security, it will by no means eliminate the need for
carefully monitoring dot-COM and other TLDs, informed and targeted defensive
registrations, and enforcement.
Furthermore, getting consumers to intuitively search for a dot-BRAND would not
be the responsibility of one brand, but would instead require a collaborative effort on the
part of brand owners to change online consumer behavior. Even if a brand considered
itself up to the challenge of managing its own specialized extension, the company would
also have to have the same confidence in other brands so that consumers would adopt
new direct search behavior and resist gravitating towards dot-COM sites.
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Advocates of the specialized TLD argue that specialized extensions not only
reduce the clear monetary harms caused to brand owners by cybersquatters, but also have
the ability to reduce the many intangible harms that lead to decreases in brand equity and
consumer loyalty. Within the specialized TLD, the brand’s customers would be assured a
safe environment in which to navigate, without fear of stumbling upon a cybersquatted
site that is unaffiliated with the brand that they are searching for. Customers who visit a
specialized TLD site would be assured a brand-approved experience and safe
transactions, where they need not fear that their personal information will be stolen by an
unknown party. Specialized TLDs would also enable brands to establish a wildcard, so
that despite URL-path errors before the domain name, typographical errors in the domain
name itself, or the typing of incorrect combinations of terms that form the domain name,
the domain will still resolve to official content. Consider, for example how this works
with any domain name ending with the TLD “dot-CM” being automatically routed to
another page. As the registry operator of a dot-BRAND, it seems that there would be no
need to imagine every possible domain that users could enter. Everything the consumer
can imagine or type in that ends in dot-BRAND would resolve to official content.
Currently, cybersquatters use phishing schemes to lead consumers to spoofed
company Web sites that request personal or financial information from the consumers.
Oftentimes consumers are prompted to visit these sites due to e-mails claiming that users’
accounts have been breached or will be closed. These e-mails are intended to create panic
so that consumers will readily provide their social security numbers, bank account
numbers, credit card numbers or other privileged information. Advocates of the
specialized TLD claim that with a specialized extension, brands will have control over
who registers under their dot-BRAND and this threat will be eliminated. The argument is
that brands will be able to easily maintain customer trust and loyalty. However, email
addresses are also easy to spoof, and cybersquatters would still be able to create email
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addresses in any TLD that appear to be from a dot-BRAND domain name. Brand owners
will find that they have expended significant amounts of resources on a solution that is
remarkably easy to circumvent.
The Process
Undertaking the registration, development, implementation and maintenance of a
specialized TLD is no small task, and is one that will have a substantial price tag. While
not yet specified, ICANN insiders have stated that the non-refundable application to
ICANN alone will be substantially higher (possibly many times higher) than the $50,000
fee, which was charged during the last round of new gTLDs. The cost of developing the
proposal, building or outsourcing the infrastructure, as well as ongoing maintenance and
oversight is substantial as well. Experts, developers and advisors would need to be hired
and consulted to ensure that the TLD is a success and delivers on the agreed upon terms
with ICANN (which are typically non-negotiable).
Brands applying for specialized TLDs should be fully versed in all of the process
requirements, legal and regulatory agreements, opportunities and risks, as well as both
short and long term costs related to running a registry and investing in encouraging users
to adopt a new way of accessing content online.
While there is cost wrapped up in creating and developing a TLD, the bulk of the
price tag for this new domain strategy will be found in marketing the TLD to customers,
partners and general Internet users. As mentioned before, the real challenge will be to
promote the specialized TLD in a way that will change user behavior, and there is no
guarantee of success. It is possible that one brand owner can successfully market a
specialized TLD extension, but long-term and large-scale success of the endeavor will
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rely heavily upon more brand owners following suit. Brand owners have to decide
whether they consider the possible success of a specialized TLD to be worth the cost. If
brands do go ahead with testing the hypothesis of running their own TLD registry, they
will have to consider how they will work on distributing that cost.
One option for those brand owners that may sell domains (example: a franchise
model hotel brand owner mandating franchisees to use a dot-HotelBrand TLD) is to
charge higher prices for partners that are getting guaranteed safe names within the
brand’s TLD. However, because these partnerships already require some sort of payment
under contract, some tweaking of the brand’s economic model would be necessary. In
that case, there are questions to be answered: do you build this specialized TLD into the
agreements, making the registration and its cost part and parcel with the other contract
obligations? Or do you take the cost upon yourself and hope to recoup the costs?
The point of a “dot-BRAND” is to mitigate the threat of cybersquatting, financial
losses and damaged brand integrity that brand owners now face. According to an
independent report prepared by MarkMonitor, cybersquatting increased by 248% from
2006 to 2007, and according to the International AntiCounterfeiting Coalition (IACC),
$600 billion was spent online for counterfeits in 2006. There is a clear need to protect
consumers and brand owners and to stem the tide of Web sites run by cyber criminals.
The ability of a dot-BRAND to provide this sort of protection is dubious at best.
Unfortunately, ICANN has not been discouraged in their push for new TLDs even though
they are largely unwanted by businesses and the user community. It should also be noted
that economic modeling on the need for or value of these Internet addresses has not been
made available by ICANN staff.
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Conclusion
With more people than ever typing domain names directly into browser address
bars and often guessing logical but non-communicated domain names, today’s Internet
presents vast opportunities and significant obstacles. The necessary costs for trademark
owners to protect their brands and consumers have grown substantially due to the volume
of domain names that are added on a daily basis. This new TLD will be marketed to
brand affiliates as an enforcement tool, but many companies will be understandably
hesitant to take on a risky endeavor to curb infringement.
The purpose of a trademark is to protect the consumer. When trademarks are
abused by cybersquatting, the resulting dilution hampers the ability of the trademark to
do its job. It is therefore important for brand owners to discuss all opportunities that are
presented to understand their risks and rewards. The dot-BRAND TLD may seem like a
simple and beneficial solution, but it may require a substantial commitment of resources
and the pay-off could be surprisingly low. This is an evolving and fast moving issue and
we invite all brand owners, both those who have been approached about the possibility of
a specialized TLD extension and those who would like to learn more about it, to feel free
to contact us with comments or concerns.
Contact Information:
Yvette Wojciechowski, Media Relations Manager
FairWinds Partners, LLC
2122 P Street, NW
Suite 300
Washington, D.C. 20037
Office: +1 202 223 9252
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Fax: +1 202 223 9256
http://www.fairwindspartners.com