.makeup Domain Information
Applicant Full Legal Name
41, rue Martre
Applied for gTLD
Mission/Purpose of Domain Extension
18.1 Mission and Purpose of .MAKEUP L'Oréal is a leading global consumer products company serving the needs of consumers around the world with 23 brands in five different segments. L'Oréal has 68,900 employees and its products are available for purchase online and in stores and outlets in over... Read more
18.1 Mission and Purpose of .MAKEUP
L'Oréal is a leading global consumer products company serving the needs of consumers around the world with 23 brands in five different segments. L'Oréal has 68,900 employees and its products are available for purchase online and in stores and outlets in over 130 countries.
Makeup.com is a dynamic collaboration of makeup experts and bloggers who have their fingers on the pulse of beauty. Each author comes from a unique point of view, but all share the philosophy that beauty is both deeply personal and good, creative fun.
At Makeup.com, beauty is a call to adventure, and makeup is an opportunity to explore and express the many dimensions of ourselves - not just a way to feel beautiful, but to be more confident in what makes each of us unique.
The Makeup.com mission is to encourage curiosity about, and passion for, makeup. Makeup.com is a vibrant community where expertise and stimulating, entertaining voices advance and enrich a thriving beauty conversation. It's an environment where anyone can seek the very best beauty advice, and make genuine connections that inspire joy in beauty.
Makeup.com is a member of the L'Oréal Group.
L'Oréal has filed this application for a .MAKEUP gTLD with the intention of bringing to market a trusted, hierarchical, and intuitive namespace for a dynamic collaboration of individuals and organizations whose primary focus is on providing and exchanging information regarding beauty products, cosmetics, and general information related to makeup and fashion. This .MAKEUP gTLD may also serve as a secure repository of goods and services related to cosmetics and beauty products. L'Oréal does not intend to apply for a community designation under ICANN's Applicant Guidebook criteria. However, L'Oréal is committed to operating the .MAKEUP gTLD with a narrow focus and charter that L'Oréal will take the lead in establishing. It is intended that this restrictive membership criteria will be modeled in accordance with the standards set forth in L'Oréal's Code of Business Ethics and will serve multiple purposes including but not limited to: establishing a trusted online source of information; minimizing the need for defensive registrations and domain name speculation; enhancing rights protection mechanisms, and prohibiting proxy registrations.
18.1.2 Potential Business Models
L'Oréal is still analyzing potential use case options for the type of domain names that will be permitted for registration, as well as the potential universe of .MAKEUP registrants. However, these decisions will be embodied in the proposed gTLD membership criteria. In undertaking this research, L'Oréal is leveraging the experience of Makeup.com in networking with existing businesses, affiliates, partners, bloggers, and others in the makeup community. L'Oréal currently envisions a three-stage rollout for the .MAKEUP gTLD:
The initial stage of implementation of the gTLD will involve L'Oréal registering a limited number of .MAKEUP second-level domain names.
The current best thinking involves a business model in which generic (ʺtrends," "face," "winter," "tools," "authors," "partytime," etc.) and geographic (city/state) domain names would initially be reserved/allocated to L'Oréal. These domain names would provide a framework for a hierarchical and intuitive naming system for consumers to more easily navigate the .MAKEUP namespace. This initial use will provide L'Oréal's IT and security personnel the time to run a number of tests to ensure seamless and secure access using the .MAKEUP domain names and interoperability with various software and Web-based applications. The registration and use of these domain names are intended to be within the scope of Section 1B of Specification 9 of the Registry Agreement, regarding the maintenance, operation, and purpose of the gTLD.
Once successful testing has been completed, L'Oréal's existing business units, affiliated parties and select licensees and partners would be allowed to register domain names in the .MAKEUP gTLD. At this time L'Oréal has not determined the identity of these select parties; however, any third party would be required to have a prior commercial or membership agreement with L'Oréal. This initial rollout guarantees that the identity and contact information for each .MAKEUP domain name registrant will be verifiable based upon a preexisting member relationship. This allocation mechanism also minimizes startup and operational costs of the .MAKEUP gTLD.
This initial allocation of domain names within the gTLD will allow L'Oréal to properly and sustainably develop the .MAKEUP gTLD in such a manner as to ensure that the gTLD is viewed by Internet users as a trusted namespace for access to information regarding beauty products, cosmetics, and general information related to makeup and fashion, as well as potentially being a secure repository of goods and services related to cosmetics and beauty products.
Given the fact that L'Oréal will have full control over the number of registrations in the .MAKEUP gTLD namespace, L'Oréal expects that the number of domain name registrations will be less than 10,000 in the first three years of operation.
It is in Stage Two that L'Oréal will evaluate expanding the operations of the .MAKEUP gTLD to permit registration by registrants other than L'Oréal's business units, affiliated parties, select licensees and partners. Should an assessment of its expansion strategy lead to a decision to extend registration rights to these other parties, this expansion is currently planned to take place during Stage Three, and likely after the first five years of operation.
Based on its experience with any expansion implemented in Stage Two, L'Oréal will assess whether its business plan and expansion strategy should be augmented by extending registration rights to a broader class of registrants. However, it is the current intention that L'Oréal would require any class of future potential registrants to be in compliance with, and legally bound by, the restrictive membership criteria mentioned above.
It is anticipated by L'Oréal that changes to the domain name industry, and particularly the impact of new generic-term gTLDs, may take approximately five years to be realized and assessed. Any decision to expand the gTLDs beyond this initial use would likely be predicated by a L'Oréal market analysis of both the market at the time for new gTLD registrations and consumer adoption of these new Internet addresses.
If L'Oréal's market analysis justifies this expansion before the sixth year of operation, L'Oréal would, if necessary, work with ICANN to secure an amended Continued Operations Instrument corresponding to a potential increase in registration volume above the current executed level. However, this scenario is unlikely because L'Oréal, in calculating its COI, has already exceeded the baseline guidance set forth by ICANN.
Notwithstanding this potential future expanded use of the .MAKEUP namespace, L'Oréal currently anticipates implementing a throttle mechanism to ensure that any proposed expansion is controlled and responsible. This proposed "time-out" mechanism is described in greater detail in the responses to the financial questions (Questions 45-50 of this application).
The potential use of the .MAKEUP gTLD will also be driven by L'Oréal's future business strategies as identified in its annual report and investor filings, see http://www.loreal-finance.com/eng.×
18.2 How do you expect that your proposed gTLD will benefit registrants, Internet users, and others? L'Oréal believes that the proposed .MAKEUP gTLD has the potential to offer the following benefits to Internet users and consumers: -Establish a trusted online hub and potential marketplace for... Read more
18.2 How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
L'Oréal believes that the proposed .MAKEUP gTLD has the potential to offer the following benefits to Internet users and consumers:
-Establish a trusted online hub and potential marketplace for consumers around the world seeking information, goods, and services related to makeup and fashion, as well as information related to these respective communities;
-Provide short and memorable domain names that will facilitate the ease with which consumers can locate this information, goods, and services online;
-Develop a potential platform for the secure access to, and purchase and distribution of cosmetic and beauty products and information to consumers, in order to minimize the potential for counterfeit goods and services;
-Ensure fewer incidents of phishing and malware, which are often associated with the mistyping of domain names in the .COM and other spaces; and
-Incorporate enhanced intellectual property rights (IPR) protection mechanisms.
18.2.1 What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?
L'Oréal has filed this application for a .MAKEUP gTLD with the intention of bringing to market a trusted, hierarchical, and intuitive namespace for a dynamic collaboration of individuals and organizations, the focus of which is on providing and exchanging information regarding beauty products, cosmetics, and general information related to makeup and fashion.
The .MAKEUP namespace may also serve as a repository to aggregate goods and services related to beauty products, fashion advice, etc., for use by consumers and those within the community. L'Oréal believes that the .MAKEUP gTLD has the potential to provide a virtual platform to offer secure, interactive features to deepen and broaden its and its partnersʹ and affiliatesʹ relationships with existing and new consumers, professionals, and Internet users.
With regard to service level and reputation, L'Oréal will operate the .MAKEUP gTLD in accordance with its Code of Business Ethics, or "The Way We Work," found at http://www.loreal.com/_en/_ww/html/our-company/the-code-of-business-ethics.aspx.
-RESPECT FOR INDIVIDUALS. We expect all employees and entities to work together in a respectful and open manner. In this way, we will maintain a culture of loyalty, trust and solidarity throughout our business. We should all aim to give credit to other peopleʹs ideas, and recognize the contributions of others. Teamwork is to be encouraged and successes, as well as failures, should be shared. We should listen with generosity and share information as needed, subject to the Group's rules on confidentiality.
-RESPECT FOR THE LAW. L'Oréal operates in many countries - home to a wide variety of cultures, laws and political systems. As a basic rule, we as a business and as individuals in the performance of our duties, must always respect the laws of the countries in which L'Oréal operates. L'Oréal is particularly attached to the spirit and the letter of laws governing:
-Human rights, prohibition of child labor and forced labor, discrimination, working time and remuneration, employees' collective representation;
-Quality, health, and safety standards;
-Corruption and bribery;
-Taxation and the accurate communication of financial information; and
-RESPECT FOR LOCAL CUSTOMS. "The Way We Work" has been drafted with the help of L'Oréal employees across the world. We believe that its core messages will be applicable throughout our operations. We should ensure that, wherever possible, we conduct our activities in a manner sensitive to the cultural and social traditions of communities with which we come into contact. There may be instances when the guidance in the L'Oréal code is at variance with the local law or customs of a particular country. If that is the case, then where local law requires a higher standard than that set out in the code, local law should always apply. If, by contrast, the code provides for a higher standard, then it should supersede local law, unless this results in illegal activity.
18.2.2 What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?
Unlike most generic-term gTLDs that ICANN has approved over the last decade, which have largely been operated by Internet startups and have been primarily dependent upon ICANN-accredited registrars to market and promote their gTLD, L'Oréal is an established international company with the ability to leverage its existing brands and its commercial network of stores, partnered businesses, including department stores, retailers, and salons across the globe, and their customers to increase the profile of the .MAKEUP gTLD. L'Oréal is also able to rely upon its existing website, Makeup.com, and the more than 500,000 monthly visitors that navigate to its content.
While some of ICANN's new gTLDs have previously been the subject of claims regarding increased spam and phishing activities, .MAKEUP from its launch will be a trusted online source of information about makeup, cosmetics, and related goods and services. L'Oréal will follow its established good business practices in working with law enforcement to create an environment and potential marketplace with safeguards designed to minimize fraud and other illegal activity.
L'Oréal believes that the long-term success of the gTLD will not be measured by the number of domain names registered. Instead, it will be measured by the level of consumer recognition and trust that is placed in the .MAKEUP gTLD. Using this benchmark, L'Oréal strives to build consumer recognition and trust that rise to the level of that found in the .EDU and .GOV gTLDs.
L'Oréal is also committed to operate the .MAKEUP gTLD in accordance with its policies on fair competition, as outlined in the L'Oréal Code of Business Ethics cited above.
L'Oréal believes that the .MAKEUP gTLD will provide a single trusted ecosystem experience for the millions of consumers, enthusiasts, artists, authors, bloggers, etc., with an interest in information regarding makeup, beauty products, fashion, and related industries and trends. By providing the foundation of this trusted ecosystem, all domain name registrants in the .MAKEUP gTLD will be able to share in the benefits of this collective resource. As the leader of the cosmetic and beauty products industry, L'Oréal believes that it can be a pioneer in bringing innovation to this new Internet medium, the .MAKEUP gTLD.
18.2.4 Provide a complete description of the applicant's intended registration policies in support of the goals listed above.
L'Oréal is fully committed to implementing all of ICANN's consensus policies and other Rights Protection Mechanisms (RPMs) identified in the Applicant Guidebook. Moreover, based upon L'Oréal's commitment and established track record in providing a safe ecosystem for consumers and vendors, L'Oréal intends to provide best in class safeguards that will evolve over time.
At the time of completing this application, L'Oréal has identified a Rights Protection Mechanism (RPM) that will allow trademark owners to challenge domain names initially reserved by the registry (e.g., generic and geographic names identified in Section 18.1.2). This process will be modeled after the dotAsia Pioneer Policies adopted by dotAsia in connection with its launch, see http://www.wipo.int/amc/en/domains/gtld/asia/.
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.
L'Oréal recognizes this is an evolving area of law in which there is no international standard. L'Oréal has a vested interest to make sure that accurate and current information is readily available in connection with each domain name. If unaffiliated third parties are eventually permitted to register personalized domain names in the .MAKEUP gTLD, L'Oréal will reevaluate its policies at that time to ensure that they are in compliance with the current best-in-class policies.
L'Oréal is a global leader in the cosmetics and beauty industry, with operations in many legal jurisdictions and on the Internet; L'Oréal respects the privacy of its partners, customers, and other consumers. The company employs a variety of physical, electronic, contractual, and managerial safeguards to protect personal and confidential information in its stores and on its websites.
L'Oréal strives to ensure that all information not known to the general public is kept strictly confidential. L'Oréal will take similar precautions to protect registrant and user data associated with the .MAKEUP gTLD. For more information, see http://www.makeup.com/privacy-policy.
In addition, L'Oréal 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 in 18.2.2, most of the generic gTLDs that ICANN has approved have primarily been operated by Internet startups created solely for the provision of domain name registration services, e.g., .INFO (Afilias), .BIZ (NeuStar), and .TRAVEL (Tralliance). L'Oréal is an established international company with the ability to leverage its extensive network of partners, consumers, and related websites to increase the profile of the .MAKEUP gTLD. While most registries have primarily been dependent upon ICANN-accredited registrars to market and promote their gTLD, L'Oréal has the ability to leverage the existing 500,000 monthly visitors to its market-leading website, Makeup.com, as well as the more than 13 million monthly unique worldwide visitors to its more than 350 market-leading websites. ×
Operational Rules and Cost Benefits
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)? Over the past decade, ICANN has approved fifteen new gTLDs, which have historically been classified as either generic... Read more
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)?
Over the past decade, ICANN has approved fifteen new gTLDs, which have historically been classified as either generic (.INFO, .BIZ, .NAME) or sponsored (.ASIA, .COOP, .TRAVEL, .JOBS, etc.) gTLDs. It is anticipated that in this current new gTLD application round, many large international corporations will take the opportunity to register generic strings as top-level domains. This is a new approach to the operation of a gTLD in which the business plan relies on three important distinctions between it and the gTLDs that were approved in the 2001 and 2004 rounds of expansion.
First, there are now approximately ten small gTLDs that have fewer than 300,000 registrations and that offer clear models of successful operation; second, at least three experienced technical back-end suppliers (i.e., SRS/DNS services) are in place; and third, with many new generic-term gTLDs, well-understood registry operations will be fully supported by an established and financially sound business operating a generic-term gTLD in addition to, and in conjunction with, its primary business.
The .MAKEUP gTLD presented here minimizes the risk and uncertainty of prior gTLDs by drawing upon more than a decade of gTLD industry development and by relying upon the established online track record and financial support of L'Oréal.
L'Oréal believes that the safeguards set forth in the Applicant Guidebook and additional RPMs identified in Section 18.2.4 are primary drivers that will minimize potential negative social costs. L'Oréal also believes that the initial launch of the .MAKEUP gTLD through known affiliated parties with existing commercial or membership relationships with L'Oréal will also be an important impediment to any potential negative social costs.
18.3.2 What other steps will you take to minimize negative consequences/costs imposed upon consumers?
L'Oréal believes that the proposed operation of the .MAKEUP gTLD as set forth in this application has minimum known negative consequences or cost implications to consumers. To the contrary, the proposed operation of this registry will likely lead to direct and quantifiable benefits to consumers. L'Oréal believes that by following the core business ethics it has established over the past century of operation (see Section 18.2.1), it will be able provide real value to consumers, and minimize any potential negative consequences/costs.
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?
L'Oréal does not envision multiple applicants for the same domain name within the .MAKEUP namespace, given the phased approach to its implementation and its limited initial registrant universe. However, if such an instance should arise, L'Oréal believes that a phased equitable allocation approach, modeled after those that ICANN has previously approved in connection with numerous ICANN Registry Service Evaluation Process (RSEP) requests, would be the most prudent path forward, e.g., RFP, auction, and then first-come-first-serve.
18.3.4 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).
During the initial rollout of the .MAKEUP gTLD, it is possible that these domain names will be allocated to existing affiliates and partners as a value-added service. However, there will likely be no determination made regarding long-term domain name pricing/discount policies until such a time that policies regarding expanded registration and use of domain names are implemented.
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.
L'Oréal is committed to providing domain name registration services in accordance with the periods set forth in the template Registry Agreement and providing domain name registrants with pricing predictability. However, as noted in the proposed business model (18.1.2), L'Oréal's current best thinking envisions offering domain name registration services only to L'Oréal and its existing business units, affiliated parties, and select licenses and partners at first. Therefore, having an existing contractual relationship with L'Oréal would initially be a condition precedent for the ability to register a .MAKEUP domain name.
L'Oréal 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, L'Oréal will only offer domain name registrations on an annual basis.
If L'Oréal moves forward with a validation process whereby parties outside the proposed membership network are permitted to register and use .MAKEUP domain names, L'Oréal is fully committed to providing these domain name registrants with annual registrations that include pricing predictability and notice in connection with the registration of domain names. However, in connection with potential premium generic or geographic domain names there may be additional requirements that would legally bind these registrants in connection with the registration and use of these domain names. These terms will be known by this class of domain name registrants prior to the creation of any legal obligation between the parties.×
Is this a Community-based TLD?
Is this a Geographic-based TLD?
Protection of Geographic Names
22 L'Oréal Has Properly Researched This Topic L'Oréal ("L'Oréal") is keenly aware of the sensitivity of national governments in connection with protecting country and territory identifiers in the Domain Name System (DNS). In preparation for answering this question, L'Oréal reviewed the... Read more
22 L'Oréal Has Properly Researched This Topic
L'Oréal ("L'Oréal") is keenly aware of the sensitivity of national governments in connection with protecting country and territory identifiers in the Domain Name System (DNS). In preparation for answering this question, L'Oréal reviewed the following relevant background material regarding the protection of geographic names in the DNS:
-ICANN Board Resolution 01-92 regarding the methodology developed for the reservation and release of country names in the .INFO top-level domain, see http://www.icann.org/en/minutes/minutes-10sep01.htm;
-ICANN's Proposed Action Plan on .INFO Country Names, see http://www.icann.org/en/meetings/montevideo/action-plan-country-names-09oct01.htm;
-Report of the Second WIPO Internet Domain Name Process: The Recognition and Rights and the Use of Names in the Internet Domain Name System, Chapter 6, Geographic Identifiers, see http://www.wipo.int/amc/en/processes/process2/report/html/report.html;
-ICANN's Governmental Advisory Committee (GAC) Principles Regarding New gTLDs, see https://gacweb.icann.org/download/attachments/1540128/gTLD_principles_0.pdf?version=1&modificationDate=1312358178000; and
-ICANN's Generic Names Supporting Organization Reserved Names Working Group - Final Report, see http://gnso.icann.org/issues/new-gtlds/final-report-rn-wg-23may07.htm.
22.1 Initial Reservation of Country and Territory Names
L'Oréal is committed to initially reserving the country and territory names contained in the internationally recognized lists described in Article 5 of Specification 5 attached to the New gTLD Applicant Guidebook at the second level and at all other levels within the .MAKEUP generic top-level domain (gTLD), within which L'Oréal will provide for registrations. Specifically, L'Oréal will reserve:
-The short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time to time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union, see http://www.iso.org/iso/support/country_codes/iso_3166_code_lists/iso-3166- 1_decoding_table.htm - EU;
-The United Nations Group of Experts on Geographic Names, Technical Reference Manual for the Standardization of Geographic Names, Part III Names of Countries of the World; and
-The list of United Nations member states in six official United Nations languages prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographic Names.
22.2 Fair & Non-Misleading Use of Geographic Identifiers
L'Oréal is a leading global consumer and professional products company serving the needs of consumers around the world through its 23 brands in five different business segments including consumer products, professional products, luxury products, active cosmetics, and The Body Shop. L'Oréal has 68,900 employees, and its products are available for purchase online, in stores, and in outlets in over 130 countries.
L'Oréal content is available across a range of TLDs, accessible in the .COM, .CA, .CZ, .CO.UK, .FI, .FR, .DE, .IT, .NL, .NO, .PL, .RU, .ES, .TR, .HU, .EU, .AR, .BR, .MX, .HK, and .COM.AU TLDs.
L'Oréal intends to explore the option of providing a hierarchical and intuitive framework for the .MAKEUP namespace by using geographic identifiers as second-level domain names. L'Oréal believes that the use of geographic identifiers to the left of the TLD and as part of the domain name itself has a direct and material impact on search engine algorithms and their corresponding query results. In addition, such naming conventions are intuitive and practiced by direct navigation Internet users (those who type their intended destination into address bars as opposed to search engines). L'Oréal would like to evaluate if this type of hierarchical and intuitive use of second-level domain names within a gTLD provides increased consumer functionality and innovation, as premised by ICANN.
L'Oréal believes that the .MAKEUP gTLD can provide an online, single-source identifying function for Internet users around the world navigating to the .MAKEUP namespace.
22.3 The Legal Protection of Geographic Identifiers
The World Intellectual Property Organization (WIPO) authored an authoritative resource on the current state of the law in connection with the protection of geographic identifiers: ʺ2001 Report of the Second WIPO Internet Domain Name Process: The Recognition of Rights and the Use of Names in the Internet Domain Name Systemʺ ("WIPO Report"). Chapter six of the WIPO Report was devoted exclusively to the protection of geographic identifiers.
From its analysis of the well-established framework against the misuse of geographic identifiers at the international, regional, and national levels, WIPO identified the following two elements for the protection of geographic identifiers: (i) a prohibition of false descriptions of the geographic source of goods; and (ii) a more extensive set of rules prohibiting the misuse of one class of geographic source indicators, known as geographic indications. See WIPO Report (Paragraphs 206 and 210). Neither false descriptions of the geographical source of goods, nor misuse of geographical indications, is present in LʹOrealʹs current or proposed use of geographical identifiers.
Notwithstanding WIPO's observation that the protection of geographic identifiers is "a difficult area on which views are not only divided, but also ardently held" (Paragraph 237), national governments within the GAC and other international fora have continued to advocate for increased safeguards to protect against the misuse of geographic identifiers within the DNS.
L'Oréal, acting as a responsible global business, seeks to avoid business practices that could potentially mislead consumers. L'Oréal believes, however, that it is important to be able to use geographic identifiers in a fair and non-misleading manner, if such use can benefit Internet users and consumers as proposed in L'Oréal's business model.
22.4 Fair & Non-Misleading Use of Geographic Identifiers
In undertaking thorough research of this subject matter prior to filing this application, L'Oréal uncovered the following examples of fair and non-misleading use of geographic identifiers used in the existing gTLD domain name space:
Fair Use of National Geographic Identifiers
AUSTRALIA.COOP - Is operated by Co-operatives Australia, the national body for State Co-operative Federations, and provides a valuable resource about cooperatives within Australia.
UK.COOP - Is operated by Co-operatives UK, the national trade body that campaigns for cooperation and works to promote, develop, and unite cooperative enterprises within the United Kingdom.
NZ.COOP - Is operated by the New Zealand Cooperatives Association, which brings together the country's cooperative mutual businesses in a not-for-profit incorporated society.
USA.JOBS - Is operated by DirectEmployers Association (ʺDEʺ). While Employ Media, the Registry Operator of the .JOBS gTLD, is currently in a dispute with ICANN regarding the allocation of this and other domain names, DE has a series of partnerships and programs with the United States Department of Labor, the National Association of State Workforce Agencies, and Facebook to help unemployed workers find jobs.
MALDIVIAN.AERO - Is the dominant domestic air carrier in Maldives, and provides a range of commercial and leisure air transport services.
Fair Use of Regional/Local Geographic Identifiers
TEXAS.JOBS - Is operated through a joint effort between DE, Texas Workforce Commission, and the National Labor Exchange to connect job seekers with approximately 96,000 job openings. An additional domain name operated by this joint effort was WORKINTEXAS-VETERANS.JOBS, a resource devoted to helping Texas veterans translate their military skills to jobs in the civil marketplace.
BOISE.COOP - Is operated by Boise Co-op, a member-owned cooperative founded in 1973 by a few dozen individuals who shared a mutual interest in buying healthful and organic food at reasonable prices.
BROOKLYN.COOP - Is operated by Brooklyn Cooperative Federal Credit Union, which began as a modest storefront business in 2001, but is now New York City's fastest growing credit union and a model for community development credit unions nationwide.
HYDERABAD.AERO - Is operated by the Hyderabad International Airport and provides a range of interactive services and information for both business and leisure travelers.
SACRAMENTO.AERO - Is a portal website operated by Sacramento County to provide links to each of the airports serving the Sacramento area: Sacramento International Airport (SMF), Mather Airport (MHR), Executive Airport (SAC), and Franklin Field (F72).
22.5 Protection of Regional and Local Geographic Names for Non-Misleading Use
L'Oréal has stated its intention to consider using non-reserved geographic identifiers as part of a hierarchical and intuitive framework in a fair and non-misleading manner to help consumers navigate the .MAKEUP namespace. L'Oréal is committed to operating the .MAKEUP namespace in a manner that minimizes potential consumer confusion, and will actively work with others in the ICANN community regarding any future policy development in this area.
22.6 Potential Future Release of Initially Reserved Names
As a global company, L'Oréal looks forward to collaborating with other new gTLD Registry Operators in potentially working with the GAC to explore processes that could permit the release of initially reserved country names (including ISO-3166 two characters). Specifically, L'Oréal is interested in exploring other Registry Service Evaluation Processes (RSEPs) that have been filed by existing gTLD Registry Operators to release previously reserved domain names.
22.7 Dispute Resolution
L'Oréal does not envision any potential disputes from governments or public authorities in connection with the registration and use of geographic names within the .MAKEUP gTLD based upon its proposed use set forth in Answer 18 above.
However, L'Oréal is committed to working with governments, public authorities, or IGOs that may have a concern regarding the registration of names with national or geographic significance at the second level within .MAKEUP. Therefore, should there arise any potential disputes, L'Oréal will take immediate steps to undertake a policy development process as described below.
22.8 Creation and Updating the Policies
Should the need arise in the future for the creation or updating of the policies regarding this class of domain names, L'Oréal will act in an open and transparent manner to develop such a policy and/or recommendation.
L'Oréal is also committed to the ongoing review and updating of these lists to prevent misleading use of geographic identifiers. Consistent with this commitment, L'Oréal intends to participate in any ongoing ICANN policy discussion regarding the protection of geographic names within the DNS.×