This document discusses potential commercial uses and arrangements for new generic top-level domains (gTLDs) such as .brand, .authorized, and .quality. It outlines how major brands could use a gTLD to organize online activities and protect against cybersquatting. It also examines how trade associations or collaborations could use a gTLD to endorse members or projects. The document notes legal and operational issues to consider, such as registry agreements, domain licensing, supplier relationships, and partner agreements.

1. What does .brand mean for you?
Commercial agreements and
Exploiting the new regime
Robert Blamires, Senior Associate
13 February 2012

2. Overview
1. Commercial exploitation
2. Other commercial arrangements
• Registry agreement
• Domain licensing
• Supplier / customer arrangements
• Commercial partnering

3. Commercial exploitation: Introduction
• .brand
• .authorised
• .community
• .quality
• .collaboration
• .franchise

4. Commercial exploitation: .brand
• The basic idea – major brands establishing an umbrella
domain for all their activities
• Allows individual products (ipad.apple) or campaigns
(specialoffer.tesco) to be easily marketed and found
• No issue with cybersquatters or first-come-first-served rules
when launching a sub-brand
• Simpler, quicker and easier online consumer journey

5. Commercial exploitation: .authorised
• Major brands with reseller, developer, etc ecosystem
• Example: Microsoft, Apple, Calor
• Gives immediate authentication of authorisation
• Possible branding advantages:
“Always look for the .brand name”
• Need to extend authorised dealers’ terms, with clear rules
on “ownership” of domain and brand guidelines.

6. Commercial exploitation: .community
• Creating an identity from smaller concerns
• Example: Stockholm, Musicteacher, Kitsch
• May create a brand
• Possibly too pricey except for public sector led initiatives,
eg. to promote smaller enterprises or regions
• Would not require much in the way of rules, but fairness of
access may become an issue

7. Commercial exploitation: .quality
• Trade associations giving a strong endorsement
• Example: master builders, ABTA members,… FSA?
• Cannot fake credentials
• Potentially powerful for regulators or associations to
guarantee member quality and enhance their function
• Extend of rules to govern access

8. Commercial exploitation: .collaboration
• Academic, government, open source or social collaboration
• Example: open source, CSR, Big Society
• Identifying sites common to a social project, with or without
rules
• Funding will be an issue and may be difficult to manage a
highly diverse range of approaches

9. Commercial exploitation: .franchise
• Major brands seeking a high degree of control but relying
on local franchisee entrepreneurship
• Example: Coffee chains, hotel chains or car rental
• High degree of technical control for brand owner
• High degree of consumer confidence, enhancing the value
of a franchise
• For many franchisors, cost may be too high; and central
systems may give desired level of control

10. Commercial advantages
• Search:
bootskitchenappliances.com/cookers/Cookers.aspx
or
cookers.boots

11. Registry agreement
• ICANN Technical requirements
• Escrow
• Terminable
• California arbitration

12. Domain licensing
• Licensing arrangements
• Potential liability:
• A gTLD owner will be a registry and may be liable for activities
of the third party websites on its domain. Issues include:
• Management and allocation of risk
• Notice and takedown
• Whether to monitor
• Type of monitoring (eg general or specific, in-house or third party
provider)

13. Supplier / customer arrangements
Agreements:
• Hosting / other supplier arrangements
• Registrar / reseller arrangements
• Standard terms and conditions

14. Commercial partnering
Agreements:
• End user terms and conditions
• Franchising agreements
• Affiliate programmes
• Association rules
Potential issues:
• Use of branding
• Website get-up
• Differentiation between partners
• Market focus
• Geography
• Language
• Consequences of termination