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Smarter Decisions Cape Town | Hong Kong | London | Madrid | Malmö | Mountain View | Melbourne | New York |

Paris | Stockholm | The Hague | Valbonne | Washington DC | Wiesbaden | Wellington melbourneitdbs.com

Applying for a .brand: Maximizing your chances of success

Presented by Joe Thymian Joe.thymian @melbourneitdbs.com

A process underway since 2000 with release of .biz and .info

− Self-selected top-level domain names approved by ICANN on 20 June 2011

Unknown number of new gTLDs

− Estimates from a few hundred to thousands

Limited application window – 90 days

− Starts 12 January 2012

− Possibly two or more years before the next opportunity to apply (2014+)

− Applications and outcomes will be closely monitored; new requirements may be added for future applications

New gTLDs

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.london

.bank .canon .sport

.scot

.deloitte .web

.paris .bike

.motorola

.eco

.film .health

.dubai

.hotel

.music

.money

.nyc .shop

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Reclaiming brand position on the web

Bentley.com

One of the most famous luxury car brands in the world

Established 1919

Developer of 3D CAD design software

Established 1984

.bentley ?

Retain brand ownership

redbull.com .

.

.

. lenovo.com

ferrari.com

prada.com

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Brand Applications

.brand can create a compelling

identifier or prestigious

connection for integrated

brand or product creative /

campaign strategy

dreams.

vdt.

enjoy.

Slide 5

JustDoIt.

享受.

The Circle of Trust

Slide 6

Register all brands

.com .hk

.jp

.net

.org

.sg

.biz .info .es

.de

.fr .co

.xxx

.pt .it .no

.ca

.uk

.computer .c

n

.web

.shop

.sport

.au

.tw

Register only primary brands

Monitor and take action for major infringements

By educating audience to use .brand, the number of

domains in the red & yellow zones can be reduced over time

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Detailed proposal document

Business case development

Proof of financial and technical capability

Procedures for trademark rights protection (of other marks)

Detailed description of IT infrastructure

Business and Technical Review by ICANN

− May take from 9 – 20 months for straight-forward application

Execution of Agreement with ICANN

− Contract term is 10 years

Implementation

− Active within 12 mos. of approval

What’s involved

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Considerations

New gTLD registration differs significantly from domain registration

Thorough applicant/applicant evaluation process

ICANN application fee of $185,000USD

Ongoing ICANN compliance, registry fees & registry operation expense

Evaluation process, Initial

cost and commitment to

ongoing operations will

present barriers to speculative gTLDs

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Potential multiple applications for the same* or similar name

− Possibility increases competition in successive application periods

*Provided the intended use of a name is consistent with trademark law (not intentional

infringement)

Considerations

“Available Inventory” of desirable gTLDs is not without restrictions

− Country names, 2 and 3 letter country abbreviations and others are reserved

Considerations

The .cat TLD is intended to serve the needs of the Catalan Linguistic and Cultural Community on the Internet (the “Community”).

.cat

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Slide 11

There are essentially four courses of action

Strategic Options

Key Consideration: Regardless of which option is chosen, it will be necessary to review and update your domain name and online brand protection strategy to prepare for the new landscape.

Strategic Business Review

Apply & Actively Use

Don’t Apply Apply &

Withdraw Apply & Redirect

Monitoring & Defensive Registrations Strategy

Brand owners are reviewing their strategies

300+ Expressions of Interest

Next step for some: Application Process

New gTLDs Approaching

Key Questions from Brand Owners:

What are we getting into / what exactly is involved?

How to navigate the application process smoothly?

What pitfalls to avoid?

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Timeline

Review strategy and make decision

Prepare application (90 page document)

Submit application

REC

OM

MEN

DED

A

CTI

ON

S

Jun 2011

Jan 2012

ICANN Communication Period

Application Period

Monitor and respond to other applications

Update domain name and brand protection strategy

Nov 2012

Initial Evaluation

Extended Evaluation

Delegation

2013 2014 2015 2016

Next chance to apply

Applications Public

Apr 2012

1. Developing gTLD strategy: assembling team, determining operational plan and defining purpose/mission

− Gaining consensus around a decision

2. Preparing Application: typically with specialist partner

− 50 question gTLD Application with required language

− Typical response length: approx 200 pages

− Some publicly accessible information

− Accompanying data

3. Preparing for Contention Management

Planning for Success WHAT is involved

Slide 14

GOAL:

• Maximize

chances of

success

• Mitigate risks

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Input from a cross-functional stakeholder team is required for completion of the Application

Planning for Success WHO should be involved

Slide 15

CMO/

Marketing

CTO/IT Legal Finance

Possible Contributors

Brand consultancies

Ad agencies

Policy specialist

Project Lead

Key Contributors

NOW!

Estimated time for average corporation: 6-12 weeks to get your application ready for submission

May vary based on:

− Number and type of brands

− Organizational structure

− Global dispersion and availability of stakeholders

− Internal approval mechanisms

− Seasonality

Slide 16

Planning for Success WHEN to start

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Which string(s) are you applying for? (key brand, category etc)

Mission/purpose

Who will apply? (which entity)

− Rights holding company?

− Subsidiary?

− Parent company?

Who will be the primary and secondary contacts?

Application – Basics

Slide 17

application

gTLD

Application

Public vs. Confidential Responses

Public facing questions: 1-30a

– Focused on who you are, registry

service, string type

– Public will be looking to:

• Form opinions about how the

applicant answers these questions

• If written poorly, could stir negative

comments or potential objections

Internal facing questions: 30b-50

− Focused on operations and financial

support

− Evaluators are looking for :

▪ Demonstrated capability and

knowledge of requirements

▪ Answers that are clear, relevant, and

fall within the defined space limits

KEY CONSIDERATION: Striking right balance between a delivering a thorough application and revealing any

sensitive marketing plans.

How much information will I have to share publicly?

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Slide 19

REQUIREMENTS

Applicants must:

Show Proof of Legal establishment

Provide full name, contact information, home

address and position of all

• Directors

• Officers and partners

• Shareholders that hold >15% of equity

Indicate convictions (individual or entity) and

disclose details of any crimes involving

• Fraud/online

• IP, domain names

• Against the vulnerable

• Counterfeiting

• Others 1

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Names and positions

made public

Contact information is not

ICANN will conduct background

checks on all applicants, other

than those listed on the stock

exchanges of the top 25

economies

Legal

Applicant Responsibilities

REQUIREMENTS

Applicants must:

Provide independently audited financial statements

for most recent fiscal year

Disclose the business plan for the TLD

• Projections – expected/worst case

• Costs and capital expenditures

• Funding and revenue

Show evidence of an escrowed amount or letter of

credit to fund 3 years’ critical registry functions

Describe and provide Abuse Prevention & Rights

Protection Measures

Describe and provide Reserved Geographic

names process

Applicant Responsibilities

2

0

Must demonstrate a thorough

model that demonstrates a

sustainable business, co-

ordinated with the Mission

and Purpose

e.g. Sunrise period

Legal Finance

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REQUIREMENTS

Contacts will;

Receive notifications of any failure during

initial evaluation

Request extended evaluation, provide the

requested information

Respond to 3rd party objections

Resolve string contention

String contention auction

Primary & Secondary Contacts

2

1

Recommendation:

The contacts should be readily

available, constantly checking

for communications, committed

to the full application cycle.

Legal

Demonstration of Financial Capability

Slide 22 Slide 22

REQUIREMENTS

Financial Statements

Projections template

Costs and capital expenditures

Funding and revenue

Contingency Planning

Continuity – 3 years’ critical registry functions

• Escrow deposit

• Letter of credit

2

2

45-90 pages long

Detailed descriptions of

allocation of cost and

studies to back up

revenue assumptions

Legal Finance

To protect registrants

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What Happens Next? Application review process

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Application

Submission

(90 Day Period)

Administrative

Completeness

Check (~ 8 weeks)

Initial Evaluation

Review (5 mos.)

Public Posting

(non-confidential

information)

Transition to

Delegation

Public

Comment

Forum

(60 Day Period)

Shortest time to complete the process ~ 8 – 9 mos.

Government

Notification

Application

Submission

(90 Day Period)

Administrative

Completeness

Check (~ 8 weeks)

Initial Evaluation

Review (5 mos.)

Extended

Evaluation

Dispute Resolution

Public Posting

(non-confidential

information)

String Contention

if more than one

qualified applicant

Objection Filing

Transition to

Delegation

Public

Comment

Forum

(60 Day Period)

Complex review process if there are

objections or inaccurate application

What Happens Next? Application review process

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Decide on the applying entity on the basis of the responsibilities during the application and on an ongoing basis

Pre-empt possible objections to your .brand

− Word your mission statement to deflect them

Plan a watertight 3 year strategy – Business plan must show this and continuity instrument must support it

Before you decide to monetise your .brand, consider that you are taking a decision to diversify your business

− Do you have the resources?

− Do you have the expertise?

Key Considerations

Slide 25

Technical section has many requirements that are specific to gTLDs – and require operational experience

Mission and Purpose needs to be drafted so as to avoid disputes from third parties

Sections on Abuse Prevention and Rights Protection require understanding of new ICANN rules with respect to protecting IP

Sections on geographic names need careful drafting to allow use of at the second level (e.g uk.brand)

Most global companies are getting help writing the application

Why Get Help with the Application?

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What to look for in an application partner

− Proven expertise (experience in running registry and registrar)

− Detailed knowledge of ICANN processes

− Subject matter experts in domain policy and registry services

− Solid processes with rigorous quality control

What to look for in a registry partner

− Proven expertise

− Capacity and scalability (for future planning if not for the short-term)

− Security and reliability (malicious threat protection is essential)

Vendor Considerations

Slide 27

About Us

Melbourne IT DBS helps organisations manage,

protect and optimise their brands online to

maximise the value of their online assets

#1 provider of domain name management

solutions

3,500 clients, 602,000+ domains under

management

Global scope – 15 offices in 10 countries, 220+

staff

One ICANN’s first 5 accredited registrars 1999

Successfully bid for and operated .biz domain via

JV with Neustar

Long-established partnerships with industry

leaders