.Brand TLD Designation Application

Transcription

1 .Brand TLD Designation Application Internet Corporation for Assigned Names and Numbers ( ICANN ) Waterfront Drive, Suite 300 Los Angeles, California Attention: New gtld Program Staff RE: Application for.brand TLD Designation ACD Lec ( Registry Operator ), in connection with the execution of the Registry Agreement for the.leclerc TLD (the Registry Agreement ), hereby applies for.leclerc TLD to be qualified by ICANN as a.brand TLD. Registry Operator confirms and represents to ICANN that the TLD meets each of the criteria for the TLD to be qualified as a.brand TLD, as described in the.brand TLD Application Process and Specification 13 attached thereto, and that all supplemental material accompanying this application is accurate and not misleading in any respect. Registry Operator also represents that the trademark registration attached hereto as Exhibit A, the registration policies attached hereto as Exhibit B, and the SMD file ID number attached hereto as Exhibit C are complete and accurate copies of the official trademark registration, Registry Operator s registration policies for the TLD, and the SMD file ID for the TLD for which this application is submitted respectively. Registry Operator agrees that if Registry Operator makes any changes to its registration policies for the TLD (whether before or after this application has been approved) that may disqualify the TLD as a.brand TLD, it will promptly provide ICANN with a complete and accurate copy of the revised registration policies. In addition, if Registry Operator fails to maintain the trademark registration underlying its.brand TLD application, it shall promptly notify ICANN of such failure. Registry Operator also agrees to maintain the criteria required to qualify as a.brand TLD and to immediately notify ICANN of any changes in circumstances that could alter the statements made, and supporting materials provide with, this application. Because this application is submitted to ICANN after the delegation of the TLD to nameservers designated by the Registry Operator into the rootzone, Registry Operator represents to ICANN that all domain names that are registered in the TLD are registered to and maintained in compliance with the requirements of the.brand TLD definition. Currently no domain names have been registered in.leclerc. Registry Operator acknowledges and agrees that this letter is binding on Registry Operator and, if any of the foregoing representations and agreements becomes untrue or not complied with, it shall be deemed a breach of the Registry Agreement by Registry Operator, and ICANN may assert its rights under the Registry Agreement, including by determining that the TLD no longer qualifies as a.brand TLD pursuant to the terms of Specification 13. Questions about this request should be directed to Submitted by: Position: Head of Legal Department Dated:

2 Exhibit A: Trademark registration

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37 Exhibit B: Registration Policies.LECLERC Domain Name Policy (DNP) TABLE OF CONTENT.LECLERC Domain Name Policy (DNP) Background - Validated on April Definition Eligibility requirements Licensing of domain name registrations Authorized domain names Prohibited uses Period of validity of a.leclerc domain name Generic reserved names LECLERC registry reserved names Launch process WHOIS Dispute resolution Contact us : Primary point of contact Phone:

38 BACKGROUND - VALIDATED ON APRIL 2015 The.LECLERC TLD is a generic Top Level Domain string exclusively developed for the Mouvement LECLERC, represented by the organization called ACD Lec. It will be therefore exclusively reserved to ACD Lec registrations. ACD Lec requested ICANN to consider.leclerc as a.brand TLD and This document explains the rules and regulations concerning the registration of domain names for secondlevel domains under.leclerc. The.LECLERC is governed by ICANN requirements as defined in the Registry Agreement (RA) signed between ICANN and ACD Lec on August, 7 th DEFINITION TLD or «Top Level Domain»: this means «extension» such as.com, or.fr (France)..LECLERC is a generic Top Level Domain such as.com. Registrant: entity owning a.leclerc secondary level domain name. The.LECLERC is a single-registrant model: all registrations within the.leclerc space are held by ACD Lec. Eligibility Requirements: they correspond to the criteria authorized by the Registry to define an eligible registrant of a domain name into the.leclerc TLD. The.LECLERC is a single-registrant model: all registrations within the.leclerc space are held by ACD Lec. Registry: the Registry means the entity administering the TLD, here ACD Lec for the.leclerc..leclerc Registrar / Accredited Registrar: it is an ICANN accredited Registrar validated by ACD Lec to be an official accredited registrar of this extension. International Domain Name or IDN: it is an Internet domain name that contains at least one label written in a non-latin alphabet-based characters with diacritics, such as French. Go Live or General availability: refers to the stage after the completion of the Launch phase. ICANN: Internet Corporation for Assigned Names and Numbers see icann.org TMCH or Trademark Clearinghouse: is a database operated by Deloitte and IBM upon ICANN delegation which purpose is to facilitate the Sunrise services and claims services for trademark rights holders. Reserved Names List: this list corresponds to domain names reserved from general registrations that can be allocated through other appropriate processes. Sunrise: is the first phase of priority registrations for trademarks registered into the TMCH. ELIGIBILITY REQUIREMENTS ACD Lec decided to select a single-registrant model: all registrations within the.leclerc space are held by ACD Lec.

39 LICENSING OF DOMAIN NAME REGISTRATIONS ACD Lec may, in its sole discretion, elect to license the use (and only the use) of domain name registrations within the.leclerc space to an affiliate, known as member of the.leclerc community. In all cases however, ACD Lec will remain the registrant of record for all domain name registrations within the TLD, and shall retain the authority to modify or terminate such registrations at any time via the concerned registrar. ACD Lec is also responsible for the DNS records and will control that licenced domain names (at any level) are used for the promotion of the trademark LECLERC. AUTHORIZED DOMAIN NAMES The minimum length of a domain in.leclerc is three (3) characters; the maximum length is sixty three (63) characters..leclerc TLD shall only consist of the letters A to Z, numbers (0 to 9), hyphens, as well as the IDN characters. Non-ASCII characters must appear in the Latin-1 Character set (ISO ). This character set includes: * à, á, â, ã, ä, å * ç * è, é, ê, ë, * ì, í, î, ï, * ò, ó, ô, õ, ö, * ñ, * ù, ú, û, ü, * ý, ÿ * ß The oe character will be also accepted since it is used in the French language. The following three symbols and characters will, however, be removed: þ, Đ, Ø. It may neither begin nor end with a hyphen. The Registry will support domain names on third level, such as "city.store.leclerc". All country and territory names, such as france.leclerc", as defined in the Specification 5 of the Registry Agreement will be withheld from registration or allocated to the registry operator. To be allocated to the registry operator, such domain names have to be part of an agreement between the related government and country-code manager of the string and ACD Lec. PROHIBITED USES Each domain name must comply with the values and basic principles of the E.LECLERC Movement. The fundamental principles are: Members independence; Price policy in aid of the consumers; Solidarity and security within the movement; Social mandate of the company; Protection of free-market economy. ACD Lec also undertakes not to register any labels that violate ethical or criminal law principles (included, but not limited to abusive, illegal, violent, racist, obscene, ethnically offensive, harmful to minor, offensive

40 terms, terms that violate morality and public order), violate the rights of others or are abusive, speculative or with an anti-competitive purpose. Use of a domain name that is prohibited by law or legal proceeding in any jurisdiction, or is considered to be defamatory will permit the Registry to revoke the domain name. Further details are provided in the.leclerc Anti-Abuse Policy (AAP). PERIOD OF VALIDITY OF A.LECLERC DOMAIN NAME The minimum period of validity of a.leclerc domain name is one (1) year, renewable for successive periods. A domain name can also be registered for several years and renewed for the same period of time. GENERIC RESERVED NAMES In accordance with ICANN and with reference to Registry Agreement Specification 5, the following generic labels are reserved from registration: The ASCII label EXAMPLE shall be withheld from registration or allocated to Registry Operator at the second level and at all other levels within the TLD at which Registry Operator offers registrations. The ASCII labels WWW, RDDS, WHOIS and NIC shall be withheld from registration or allocated to Registry Operator at the second level and at all other levels within the TLD at which Registry Operator offers registrations. Names of the Intergovernmental Organizations will be withheld from registration ( Names from the dedicated reserved name list from the International Olympic Committee and International Red Cross and Red Crescent will be withheld from registration ( REGISTRY RESERVED NAMES In accordance with ICANN Specification 5 of the Registry Agreement, the Registry will create the Reserved Name List (RNL), which is the list of labels reserved from registrations. The RNL is limited to the reserved names according to the Specification 5 of the registry Agreement LAUNCH PROCESS The launch process of the.leclerc TLD is defined in the document called LECLERC Launch plan registry policy available in the Registry website. WHOIS The data collected by registrars during domain name registration will be published in the.leclerc WHOIS database at <whois.nic.leclerc>. In this operation, the Registry will be compliant with applicable privacy laws as well as privacy requirements required by ICANN.

41 DISPUTE RESOLUTION Because ACD Lec is the single registrant of the.leclerc TLD, the risk of Registrant conflicts will be reduced to a minimum. However, the Registry Operator for.leclerc will comply with all dispute resolution mechanisms as defined in the registry agreement Specification 7 article 2, and as revised from time to time by ICANN consensus policies and procedures. These dispute mechanisms include, but are not limited to: the Trademark Post-Delegation Dispute Resolution Procedure ( PDDRP ); the Uniform Rapid Suspension system ( URS ); and the Uniform Domain Name Dispute Resolution Policy ( UDRP ). The Registry Complaints Point of Contact shall handle any complaints in relation to a.leclerc domain name registration. All notices should be served by mail to the following address:

42 Marks: LECLERC smdid: U-labels: leclerc notbefore: :47: notafter: :00: BEGIN ENCODED SMD----- Exhibit C: SMD file ID number