.kyoto Domain Information
Applicant Full Legal Name
Academic Institution: Kyoto Jyoho Gakuen
Legal Establishment
Non-profit Academic Institution Permitted by the Ministry of Education
Applicant Address
7 Monzen-cho Tanaka Sakyo-ku
Tanaka, Sakyo-ku Kyoto 606-8225
JP
State Jurisdiction
Kyoto, Japan
Applicant Website
http://www.kcg.edu/
Applied for gTLD
KYOTO
Mission/Purpose of Domain Extension
The Kyoto Jyoho Gakuen, hereafter referred to by its school name, The Kyoto College of Graduate Studies for Informatics, (KCGI) is proposing to run the ".kyoto" top-level domain for Kyoto, a geographical area once known as the old capital and historic center of Japan. A top-level domain for Kyoto... Read more
Benefits
The ʺ.kyotoʺ top-level domain will play a vital role in expanding online communities in Kyoto as well as promoting the Kyoto brand. One of the overall goals is to ensure that the ʺ.kyotoʺ top-level domain becomes a trusted, secure, and stable operation that benefits communities, individuals,... Read more
Operational Rules and Cost Benefits
Numerous parties have expressed concerns over the introduction of the new gTLD program with the belief that new TLDs could harm consumer welfare due to consumer confusion. Trademark holders have also brought up the issue of new TLDs imposing additional costs due to the necessity of participating in... Read more
Numerous parties have expressed concerns over the introduction of the new gTLD program with the belief that new TLDs could harm consumer welfare due to consumer confusion. Trademark holders have also brought up the issue of new TLDs imposing additional costs due to the necessity of participating in "defensive" registrations.
KCGI believes these concerns will be sufficiently addressed by its full implementation of ICANN's new Rights Protection Mechanisms (RPMs) and rules for new TLDs. Listed below is each policy that KCGI will implement, followed by a brief description, to minimize social costs:
1. Trademark Clearinghouse
2. Sunrise and Trademark Claims Process
3. Uniform Dispute Resolution Policy (UDRP)
4. Uniform Rapid Suspension URS
5. Other Rights Protection Mechanisms
1. Trademark Clearinghouse
The trademark clearinghouse is a mandatory RPM that as been developed in order to serve as a central repository for information to facilitate other RPMs such as the Sunrise Period and Trademark Claims process. Though this RPM is still under development, KCGI's partners, including its back-end registry services provider, Neustar, are actively playing a role on the IAG to ensure that protections afforded by the clearinghouse and associated RPMs are feasible and implementable. Further information regarding the implementation of this mechanism can be found in reference to Question 29: Rights Protection Mechanisms.
2. Sunrise and Trademark Claims Process
The Sunrise Period is a mandatory launch phase that a registry is required to implement for a minimum of 30 days. KCGI's back-end registry service provider, Neustar, has extensive experience in implementing sunrise registration periods, most recently under the .CO TLD.
The Trademark Claims process is tied into both the Trademark Clearinghouse and the Sunrise Period and is also a mandatory RPM that is intended to provide ʺclear noticeʺ to a potential registrant(s) if he/she attempts to secure a domain name that matches a trademark that is registered in the Trademark Clearinghouse. Though only required by ICANN to implement for 60 days during open registrations, KCGI believes that implementing the service over the life of the registry will prove to be an effective tool in reducing the number of bad-faith registrations and other cases of abuse in the ".kyoto" TLD. KCGI's back-end provider, Neustar became the first TLD with a Trademark Claims service with the launch of the .BIZ TLD in 2001 and KCGI plans to work closely with Neustar to ensure the service is run smoothly.
The sunrise implementation process is described in more detail above, and in response to Question 29: Rights Protection Mechanisms. More information about the implementation of the Trademark Claims process can be found in answer to Question 29: Rights Protection Mechanisms.
3. Uniform Dispute Resolution Policy (UDRP)
The UDRP is an ICANN Consensus Policy instituted by ICANN in 1998. The UDRP provides trademark holders an alternative method to resolve domain name disputes. KCGI will monitor UDPR decisions regarding domains in the ".kyoto" TLD and take the necessary steps to ensure that decisions rendered by ICANN approved service providers, such as the World Intellectual Property Organization (WIPO), are correctly implemented by its registrars. In the event that the registry is notified by a trademark owner that a registrar failed to implement a decision KCGI will investigate the claim and take action by either notifying the registrar of its obligations or by proactively implementing the decision itself.
4. Uniform Rapid Suspension (URS)
During the planning and policy discussion that took place in the past few years regarding the New gTLD Program, trademark owners identified that the UDRP may not be the most cost effective means to protecting trademark owners rights when hundreds of new TLDs are in operation. Furthermore, the majority of UDRP cases were clearly cases of cybersquatting, however, the UDRP did not produce immediate results. The URS is the result of many discussions with rights holders and offers a more cost effective and speedy mechanism for trademark owners to enforce their rights.
The URS requires a greater deal of participation from the registry than the UDRP and KCGI is fully aware of the requirements involved in the URS.
According to the current draft procedures, KCGI will lock the name within 24 hours or receipt of the complaint from the URS provider in order to ensure the name is not transferred or deleted and to restrict all changes to the registration data. The name will continue to resolve as normal at this point.
Once a determination has been made, and the URS provider has received notification of such a decision, KCGI will act accordingly to implement the determination. Therefore, in the event of a decision for the complainant (trademark owner), KCGI will immediately suspend the name in accordance with the policy, currently for the balance of the registration period. Additionally, the name will no longer be allowed to resolve to the original website, thus the registry will change the name servers to redirect to an informational page provided by the URS provider.
Finally, KCGI will take steps to ensure that the WHOIS information appropriately reflects the current status of the domain name. In doing so, KCGI will leave all the original registration data, except for the nameservers, in place, and clearly reflect that the domain name cannot be transferred, deleted, or modified for the remainder of the registration period.
The current draft policy states that there shall be an option for a successful complainant to the extent the registration period for one additional year at commercial rates.
Additional details regarding the implementation of the URS can be found in response to Question 29: Rights Protection Mechanisms
5. Other Rights Protection Mechanisms
KCGI will fully comply with the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) adopted by ICANN as described in the new gTLD Applicant Guidebook and Specification 7 of the Registry Agreement and other rights mechanisms approved and implemented by ICANN.
i. How will multiple applications for a particular domain name be resolved?
Multiple applications for names under the Founders Program will be handled by objectively reviewing the application against the criteria set forth in the RFP. At which time, the Registry shall make a final selection based on how well each applicant fulfilled the evaluation criteria.
KCGI proposes the implementation of an auction mechanism to handle competing applications in both the Sunrise as Landrush periods. The auction method is a fair way to solve the issue of competing applications because it allows the users to suggest the value they get in return for the domain name by bidding. Conversely, a traditional first-come, first-served model does not infer the value the winner gets if awarded the name.
Settling competing applications though an auction mechanism is more desirable than a first-come, first-served method due to a number of other factors; for example, sunrise applicants (trademark holders) should not have to rush to submit an application for a domain name. If an applicant is forced to try to be first in line, the applicant will be more likely to submit a registration request through multiple registrars. This causes a sub-optimal use of energy on behalf of the applicant, and causes unnecessary work on behalf of the registrars and registry. Another important factor in KCGI's decision to settle competing applications through an auction mechanism is due to the assumption that the highest bidder has more desire for the name, therefore, the winning applicant is likely provide more utility to Internet users.
ii. Explain any cost benefits for registrants you intend to implement.
The registry will allow local governments of protected geographic names (both local and international) the ability to register their names during a period of no less than a year. This will ensure that they have first rights to register their names for a minimal cost from an ICANN accredited registrar rather than have to dabble in the speculative markets.
As stated above, the registry will handle competing applications in the Sunrise and Landrush periods by implementing an auction mechanism. The auction mechanism is a fair way to solve the issue of competing applications. A traditional first-come first served mechanism will create more load for registrars as one prospective registrant may choose to place the same application for a domain name through several registrars. Additional issues with the first-come, first-served model in that there may be disputes of which registrar's connection hits the registry first for a certain name.
An auction at the early stages of a registry will benefit registrants by allowing them to purchase the domain name for much less that the cost that they would incur in the domain aftermarket. Furthermore, an auction will allow the users to place a unique value on the domain name. It can be assumed that the bidder who places the higher bid places a higher value on the domain name, and therefore will be more likely to develop the domain name to be beneficial for Internet users.
iii. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation?
As stated in draft Registry Agreement in the New gTLD Applicant guidebook, the ".kyoto" registry will commit to only adjusting prices based on market conditions. The issue of price increases will be adequately reviewed on a biannual basis. KCGI will provide advanced written notice regarding any price adjustments in accordance with the new gTLD Registry Agreement.
Is this a Community-based TLD?
No
Is this a Geographic-based TLD?
Yes
Protection of Geographic Names
Introduction The Registry, The Kyoto College of Graduate Studies for Informatics (KCGI), will implement strict policy restrictions concerning the registration and use of geographic names under the ".kyoto" top-level domain and will work closely with the Governmental Advisory Committee (GAC) and... Read more