IATA “.travel”
TLD Application
Description of TLD
Policies
Section E
IATA “.travel”
TLD Application
Description of TLD
Policies
Section E
Description of TLD Policies
[For sponsored TLDs, this part of the application is to be completed by the sponsoring organization. For unsponsored TLDs, the registry operator should complete this part of the application. Please refer to the Detailed Application Instructions for more information on the requirements for new TLD applications.
The operation of a TLD involves the implementation of policies on a very large number of topics. Applicants are urged to use their response to this part of the application to demonstrate their detailed knowledge of what topics are involved and their careful analysis and clear articulation of the policies they propose on these topics.
Please place the legend "CONFIDENTIAL" on any part of your description that you have listed in item F3.1 of your Statement of Requested Confidential Treatment of Materials Submitted.
Section III of this application applies only to applicants for restricted TLDs. Ordinarily, restricted TLDs should be sponsored.]
I. GENERAL TLD POLICIES (Required for all TLDs. Note that two special policy areas‑‑policies during the start‑up period and restrictions on who may register within the TLD and for what purpose‑‑are covered in sections II and III below.)
Why a “.travel” TLD?
Travel accounts for more than 10% of the world’s economy and is one of the fasted growing segments of the Internet. Travel organizations are spending millions of dollars to take their services online. However, the consumer is faced with a great deal of uncertainly and mistrust resulting in a slow adoption of Internet e-commerce. The consumer cannot rely on well-known brands because of the current unrestricted registration of domain names.
In order for the travel industry to fully adopt the Internet, the consumer must have confidence that they are dealing with a trusted brand associated with standards and compliance regarding privacy, security and trademark issues. Consumers will require that bona fide online travel suppliers have a brand name or a seal of approval that is recognized the world over for this level of quality.
The “.travel” TLD will set a new standard of quality and provide the level of buying confidence that the consumer has come to expect from the traditional brick and mortar travel provider. The “.travel” TLD will provide an essential trademark that the consumer will associate with a level of quality and credibility unavailable in the .com TLD. This value added service will make registration on “.travel” an essential component for online travel providers worldwide.
IATA conceived of “.travel” to provide a competitive alternative to the traditional “.com”. IATA fully expects major online participants who have “.com” sites today, will join “.travel” to benefit from this powerful trademark.
The “.travel” TLD will provide other benefits to the Internet community not offered in the world of “.com”. The race to become a recognized “.com” entity has spawned a market opportunity for opportunists who have built new businesses based on acquiring a “.com” domain name. These “cybersquatters” have created a new industry based on the law of supply and demand. By hoarding domain names, they have built golden profits, leveraging the Internet for speculation and name trafficking. The concept of “.travel” eliminates the potential for this practice by pre-screening applicants for the “.travel” TLD through a comprehensive accreditation process.
The “.travel” TLD will follow accepted Internet naming conventions and will provide an additional benefit to providers who want a new way to differentiate their business. The “.travel” TLD will offer both global and domestic naming schemes to enable multinational and domestic businesses to differentiate their operations (example: global: Registered‑name.travel or domestic: Registered‑name.uk.travel).
Application Process
A “.travel” domain name will be available to all travel suppliers who meet the application criteria to become a “.travel” certified provider. Each applicant will go through an accreditation process to evaluate their business fitness based on the submission of a comprehensive application that will include business plans and financial requirements. The applicants will submit their application directly to an accredited registrar, who will transfer the information to the IATA “.travel” accreditation staff for review and verification. Once approved, the Registry Operator will be instructed to proceed with DNS zone file generation. At this point, the domain name will go live on the “.travel” TLD.
Market Trends
The online travel industry is one of the fastest growing and is the largest existing e-commerce sector in the market today. The online travel market is forecast to grow from US$7.8 billion in 1999 to US$32.1 billion by 2004, according to the IATA Distribution Services Travel & Tourism Reference Guide. Datamonitor states that by 2002, the travel industry will account for 35% of all online sales. Hotel reservations alone will generate US$3.1 billion in online revenues by 2002, according to Bear Stearns, the investment-banking firm, up from less than US$100 million in 1997.
Two major factors have driven this phenomenal growth.
1. The demand for better quality real time travel services has caused many consumers to seek online alternatives that aggregate products and offer twenty-four hour a day service. These services have provided new flexibility for most consumers enabling them to make travel decisions at any time of the day or night.
2. Centrally located databases, formerly accessible only to travel agents and the airlines are now available to the public via online travel services, giving consumers access to the same pricing information as major travel agents.
Traditional brick and mortar players, airlines, hotels, and tour operators have consolidated. But new entrants in the market place, such as the online resellers, Expedia and Travelocity, provide access to a universe of travel data, providing an instant one-stop shopping experience for the consumer. Unknown entrants will use “.travel” as a way to build credibility and reach market acceptance.
As these trends accelerate, “.travel” will become an accepted way of doing business for online travel providers worldwide. The projected market for the “.travel” TLD is conservatively estimated at a supplier population of 675,000, based on a total potential market size range from 13.5 to 15 million suppliers.
The Sponsoring Organization
IATA is uniquely positioned to Sponsor the restricted TLD “.travel” based on its extensive experience as an accreditation organization in the travel industries since 1919. As the world’s leading travel association, IATA has been responsible for certifying the business-worthiness of over 90,000 travel agency outlets worldwide. In addition, the organization serves a member community consisting of 270 airline carriers representing virtually every country on the globe.
With offices in over 75 countries, IATA has intimate knowledge of the cultural awareness needed to generate a high level of confidence from consumers in both economically developing and developed nations. IATA’s existing worldwide programs form the nucleus of a global communications and educational network, differentiating IATA as a Sponsoring organization.
IATA has also promoted the importance of e‑commerce to its member communities by sponsoring workshops, and has set an example within the travel industry by taking a leadership role with “.travel” TLD.
The Registry Operator
IATA has selected JVTEAM as the registry operator to support the “.travel” TLD.
IATA is demonstrating its desire to stimulate competition among registries in the Internet community by selecting JVTEAM as its registry operator. The JVTEAM partners provide database support to the telecommunications industry and have committed to building a registry infrastructure to support new TLDs. Their expertise supporting mission critical telecommunications functions requires adherence to the strictest standards and protocols.
The “.travel” TLD business plan calls for service level agreements that build in assurances and performance standards to support a robust registry service, providing the necessary checks and balances to ensure a continuous operating structure to support JVTEAM from startup of the new registry through production.
The “.travel” TLD Operation
IATA will provide administrative and management functions to ensure the success of “.travel”. IATA will also provide flexibility to “.travel” participants who choose to change registrars through its maintenance of detailed database records.
IATA will also maintain the critical function of providing accreditation services. All applications coming in to the registrars will be pre-screened and reviewed to ensure that data is complete. IATA’s team of highly trained accreditation specialists will review data, validating the business fitness and accountability that distinguishes the “.travel” TLD before the registry is given the go-ahead for DNS population.
IATA will also manage the registrar selection process, ensuring that all registrars meet the ICANN registrar approval criteria and the strict IATA evaluation. IATA will establish strategic relationships with the registrars to encourage them to add value to the “.travel” TLD by providing domain holders essential communications and marketing tools that will enhance their business success.
The “.travel” TLD business plan requires that all operations -- Sponsoring Organization, Registry Operator and Registrars -- adhere to a series of policies that ensure standardization of services, and assure that each business operation supports both the ICANN and IATA policies.
In addition, IATA will also provide educational workshops and additional products and services for resale to the registrars, to enhance the business generated by “.travel”. Registrars, who may be membership associations, can leverage these products and services to help their member community expand their Internet outreach. IATA will also gather input from Consumer Advisory Boards and Registrars to stimulate communication and encourage the flow of new ideas throughout the Internet community.
IATA’s not-for-profit pricing model is at the heart of the service. IATA has chosen a three-tiered pricing model that includes an application fee covering accreditation, registration and set-up of the domain, and a recurring annual subscription fee. This fee structure offers benefits to participating businesses and the Internet community at large. To stimulate business longevity and stability with “.travel”, IATA is discounting the subscription fee during the course of membership. This encourages the business to continue its participation in “.travel” and rewards them for their commitment to both “.travel” and the Internet community. The fee structure for “.travel” covers the real cost of accreditation, which includes a detailed review of the financial fitness of the applicant.
An aggressive marketing program will communicate the value of “.travel” to potential registrars, participants and consumers, increasing the visibility of “.travel”. The campaign strategy will establish the “.travel” TLD as a respected brand in the travel industry, communicating the benefits of a restricted TLD to the suppliers, distributors and consumers of travel services worldwide. This approach will drive registrations to “.travel”, making the “.travel” TLD an accepted segment of the travel industry. Public relations, advertising, direct marketing and partnership programs will work in concert to reach the global travel market, establishing the value of “.travel”.
The “.travel” TLD will be operated as a not-for-profit entity. Pricing is intended to equate with actual costs, and any surpluses will be returned to the Internet community through a variety of specialized programs including initiatives devoted to education, grants and Internet-related advocacy programs. In particular, IATA would bolster existing efforts to “bridge the digital divide” by dedicating resources to programs to increase Internet connectivity, infrastructure and development in parts of the world where this technology is not yet as prevalent as is the case in the developed countries.
E1. In General. Please provide a full and detailed description of all policies to be followed in the TLD (other than those covered in response to items E11‑E21). If the TLD's policy on a particular topic is proposed to be identical to that reflected by a particular version of any of the following documents, it is sufficient for your response to identify the topic, to give a brief summary of the policy, and for the details to reference the document and section:
• ICANN Registrar Accreditation Agreement
In order to serve as a registrar for the “.travel” TLD, a registrar will need to be accredited by ICANN, at least at the time of application. As a result of the ICANN accreditation, the registrar will have already agreed to the terms and conditions of the ICANN Registrar Accreditation Agreement. IATA proposes to require registrars for the new “.travel” TLD to comply with the material provisions of the ICANN Registrar Accreditation Agreement. The current language of the ICANN Registrar Accreditation Agreement is custom-tailored to the current field of TLDs, and is an agreement entered into between ICANN and the registrar. IATA intends to use the material provisions of the ICANN Registrar Accreditation Agreement as part of an “IATA Registrar Accreditation Agreement” to be entered into between IATA and the registrar. The Agreement also would impose the additional requirement that the registrar agree to apply the objective IATA criteria for determining whether an applicant is entitled to have a domain name within the restricted “.travel” TLD. The aforementioned criteria will be developed in consultation with the .travel Advisory Board.
• NSI Registrar License and Agreement
IATA fully supports the ICANN-NSI Registrar License and Agreement as an early model for name registration services. However IATA is proposing in this application a new model and set of practices for the assignment of domain names in the “.travel” TLD. Therefore IATA would propose to use the core provisions of the ICANN-NSI Registrar License and Agreement to be supplemented by the provisions discussed herein that will be developed in consultation with the IATA-Registrar Forum.
• ICANN‑NSI Registry Agreement
IATA fully supports the ICANN-NSI Registry Agreement as an early model for name registration services. However IATA is proposing in this application a new model and set of practices for the assignment of domain names in the “.travel” TLD. Therefore IATA would propose to use the core provisions of the ICANN-NSI Registry Agreement to be supplemented by the provisions discussed herein that will be developed in consultation with the .travel Advisory Board.
• “.travel” TLD Registration Process
See flow diagram in Attachment E1.A.
• Uniform Domain Name Dispute Resolution Policy
IATA proposes to adopt the ICANN Uniform Domain Name Dispute Resolution Policy (UDRP) to resolve disputes over the registration of “.travel” domain names.
However, disputes as to whether an applicant has a right to participate in the restricted TLD would by their nature fall outside of the current UDRP. Therefore, such disputes shall be decided by IATA pursuant to its objective policies and procedures. 1) If an applicant has been denied participation by a registrar or IATA on the grounds that it is not an established member of the travel industry, that applicant has the right to appeal the decision within IATA, as discussed below. 2) If a third party challenges the right of an applicant to participate in the restricted TLD, that third party can also appeal the decision within IATA, as discussed below. The disputing parties also have the right to refer the matter to arbitration under the IATA Arbitration Rules, approved by the IATA Board of Governors in 1999, (included in Attachment E1.B) if both parties consent and are willing to pay the applicable fees.
Because the issue of whether an applicant qualifies for the restricted TLD is a threshold issue, this issue must be decided by IATA first before the ICANN UDRP would apply to issues of whether or not a specific domain name is properly being used.
IATA recognizes that the current ICANN UDRP only applies to situations involving bad faith “registration” and “use” of a domain name. Thus, the situation may arise where an entity wants to challenge registration of a domain name before it has been registered (and therefore before there has been any “use” of the name). In these situations, the following procedures would apply:
1. As part of the application process, the applicant for the domain name would need to agree to submit to the jurisdiction of a court, either in the home country of the applicant or in the country where the registrar is based. The jurisdictional grant would apply to a court proceeding whereby a third party claims that the registration or use of the domain name would violate the intellectual property rights of the third party or an applicable anti-cybersquatting law.
2. Because the applications for domain names will be published on the Internet for a period of ten (10) days, a party that wants to challenge the registration may be able to file a court action prior to the registration being granted.
3. If IATA receives a court-stamped copy of a complaint filed in a court with jurisdiction over the matter, and the complaint requests a ruling that the registration not be permitted, IATA will hold the registration in abeyance until after the court proceeding is terminated, or the court has directed otherwise.
4. If the third party wants to avoid having to file a court case, the party could wait until after it believes there has been bad faith registration and use, and could then file a complaint under the UDRP. In addition, if both parties agree, they can submit the dispute to arbitration under the IATA Arbitration Rules. See Attachment E1.B.
Your response should comprehensively describe policies on all topics to be followed in connection with the proposed TLD. The following items (E2‑E10) are examples only and should not limit your description.
E2. TLD String. Please identify the TLD string(s) you are proposing. For format requirements for TLD strings, see the answer to FAQ #5.
The TLD string proposed is “.travel”
IATA recognises that the use of the word travel has specific meaning within the English language. IATA supports the concepts laid out in RFC's 2825 and 2826 regarding the multilingual expansions regarding the use of a specific English word.
E3. Naming conventions. Describe the naming conventions and structure within the TLD. E.g., will registrants have names registered at the second level (directly under the TLD, as in registered‑name.com), or will the TLD be organized with sub‑domains so that registered domain names are created at a lower level (as in registered‑name”.travel”.com)?
The “.travel” TLD will adopt current Internet based naming restrictions which will apply with the following additions:
a. Entities which are established multinational organizations with a legitimate physical business presence in multiple countries will receive a second level label directly under the travel domain as in “Registered-name.travel”;
b. In the case of applicants who are operating multinationally but all within current European Union signatories, the sub-domain of .eu will be used as the country code identifier;
c. Entities that apply for a domain name from within a specific country will use the existing country code embedded within the “.travel” assignment as in “Registered-name.uk.travel”. The use of Country code sub-domains does not imply a name being registered with the existing Country code TLD. Use of the agreed upon country naming convention is considered a sub-domain within the “.travel” TLD. Name registrations that are done with country code TLD’s are not automatically registered under the same name within the “.travel” TLD.
d. Applications for names under the “.travel” domain are considered to be separate from the .com name space so that no confusion exists between the top level domains. Therefore applications that would attempt to use names that included a .com, .net, .org, .edu, .mil, .gov, etc. within the name would be rejected. Future public TLDs would be rejected in the same way. Use of the common predicates such as “www.” would be at the applicant’s discretion.
E4. Registrars. Describe in detail the policies for selection of, and competition among, registrars. Will domain‑name holders deal through registrars, directly with the registry operator, or some combination of the two? What are the respective roles, functions, and responsibilities for the registry operator and registrars? If registrars are to be employed, how and by whom will they be selected or accredited? If the number of registrars will be restricted, what number of registrars will be selected? Have the qualifying registrars already been selected? On what basis will selections among those seeking to be registrars be made, and who will make them? If registrars are to be used, what mechanisms will be used to ensure that TLD policies are implemented?
(NOTE: E4 is responded to sentence by sentence. See below for details.
- Will domain-name holders deal through registrars, directly with the registry operator, or some combination of the two?
Domain-name holders will deal through registrars exclusively.
- What are the respective roles, functions, and responsibilities for the registry operator and registrars?
The role of the registry operator is as set forth in the ICANN-NSI Registry Agreement and as may be further specified by IATA for the “.travel” TLD in the “IATA-Registry Agreement” (to be developed).
The role of the registrar for the “.travel” TLD is as set forth in the ICANN Registrar Accreditation Agreement, the NSI-Registrar License and Agreement and as further specified by IATA and included in the “IATA-Registrar Agreement” to be developed.
- If registrars are to be employed, how and by whom will they be selected or accredited?
IATA will select those registrars which meet the basic qualifications and criteria set out in the ICANN Registrar Accreditation Agreement, the NSI-Registrar License and Agreement, and as further specified by IATA below, and IATA will subsequently employ and accredit those selected registrars which sign the “IATA-Registrar Agreement” to be developed.
- If the number of registrars will be restricted, what number of registrars will be selected?
There will be no restriction on the number of qualifying registrars and IATA shall actively encourage all industry bodies related to the travel industry to apply.
- Have the qualifying registrars already been selected?
- On what basis will selections among those seeking to be registrars be made, and who will make them?
These qualifications and criteria will include, but not be limited to, the following:
Any Person or entity may apply to become a “.travel” TLD Registrar by making an application to IATA in the form prescribed and by meeting the qualifications set forth in this section. Such qualifications must continue to be met in order to ensure retention as a “.travel” TLD Registrar (in which event, the term “applicant” where used in this Section shall be understood to include an existing “.travel” TLD Registrar).
The applicant for a TLD Registrar must:
· Meet the requirements set forth in the ICANN Registrar Accreditation Agreement and provide a copy of a signed Agreement thereof;
· Meet any additional requirements set by IATA, namely:
· Provide the following documentation:
· Completed Application Form to be developed to become a “.travel” TLD Registrar;
· Provide proof of having a government license, where applicable, to be an Internet services provider. Where there is no such government licensing requirement, evidence of business registration must be provided;
· If the applicant is not an ICANN Accredited Registrar, the application must be accompanied by proof of application to become such;
· Provide documentation supporting legal form of applicant’s business;
and
· Pay the applicable fees as set out in the Application Form.
- What mechanisms will be used to ensure that TLD policies are implemented?
All Agreements with registrars and the registry operator will include a "right to audit" clause, specifying:
- unscheduled audits at any time;
- mandatory scheduled audits on a frequent basis.
The auditors will be drawn from a pool of auditors determined by co-sourcing agreements between the Sponsoring Organization’s (IATA) Internal Audit Department and external auditors (the "big five" audit firms). Such arrangements already exist for IATA and its accreditation function, which is performed in about 70 outlets. Audit plans will be substantiated in terms of audit scope, audit frequency, and audit reporting.
The reports will be used by IATA to determine the follow-up actions. Management and the Audit Department will independently report to the Audit Committee, consisting of five members of the .travel Advisory Board, who will meet at least twice a year.
Specific Audit Procedures will follow the already well established procedures for conducting audits within IATA. These are outlined in Attachment E4.A.
E5. Intellectual Property Provisions. Describe the policies for protection of intellectual property. Your response should address at least the following questions, as appropriate to the TLD:
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
COMPLIANCE WITH ANTI-CYBERSQUATTING LAWS
IATA proposes to implement a multi-tiered approach to provide, in a practical manner, the highest level of protection of intellectual property rights and to encourage full compliance with anti-cybersquatting legislation.
First Tier: The Application.
Before an entity can receive a domain name in the restricted “.travel” TLD, the entity must submit a complete application. Included within the application would be, among other things, the following certifications/agreements:
1. The applied-for name does not infringe or dilute the trademark of any third party, and the registration and/or use of the domain name would not otherwise violate the intellectual rights of a third party or contravene applicable anticybersquatting legislation;
2. The applicant agrees to be bound by the ICANN Uniform Dispute Resolution Policy (UDRP);
3. The applicant agrees to be subject to the jurisdiction of the courts in the state or province where the applicant is based, or where the registrar is based, with respect to a civil action claiming that registration and/or use of the domain name would infringe or dilute the trademark of any third party, or would otherwise violate the intellectual rights of a third party, or would contravene applicable anticybersquatting legislation.
These provisions will discourage potential abusers of the intellectual property rights of third parties.
Second Tier: The Geographic Name Restrictions.
The ability of a registered name to infringe or dilute the trademark rights of a third party will be diminished by the geographic name restrictions proposed by IATA. For example, a travel agency called Acme Travel in the United Kingdom will have “.uk” in its name before “.travel” like so: “acme.uk.travel.” A company called Acme Travel in Canada could still obtain a domain name as follows: “acme.ca.travel.”
Third Tier: The Screening Process.
Before IATA approves an application, it will apply the objective criteria it has selected to ensure that the applicant is a genuine participant in the travel industry. This screening process should further serve to exclude applicants who seek use of a domain name for “cybersquatting” purposes.
Fourth Tier: Holding of Registration in Abeyance.
A further means by which IATA proposes to protect intellectual property rights and to help ensure compliance with anti-cybersquatting laws is its intention to hold in abeyance registration of names if litigation is pending before the registration is granted. IATA will publish on the Internet applications under consideration. If a person or entity believes that registration of the domain name would lead to infringement or dilution of a trademark, or would constitute unlawful cybersquatting, the person or entity can file a civil action with a court with jurisdiction over the matter. If IATA receives a copy of a complaint that has been stamped by the court, it will hold the registration in abeyance until the litigation has been resolved, or IATA is otherwise directed by the court.
Fifth Tier: The ICANN UDRP.
As a condition of registration, an applicant must agree to abide by the terms and conditions of the UDRP. This means that a third party can file a complaint with any of the dispute resolution providers recognized by ICANN if that party contends that the applicant has registered and used the domain name in bad faith (and all of the other provisions of the UDRP apply). Once such a proceeding has commenced, IATA would not permit the transfer of the domain name except as authorized under the policy. If the panel assigned to the case ruled that the name must be transferred, IATA would implement this decision, unless the registrant properly filed a court action within the 10 day period provided under the UDRP.
Sixth Tier: IATA Alternative Dispute Resolution Procedures.
IATA recognizes there can be claims for trademark infringement or dilution, or other claims that may fall outside the scope of the UDRP. IATA has a long history of providing alternative dispute resolution and attaches to this Application a copy of the IATA Arbitration Rules referenced above in Attachment E1.B. If both parties to a dispute desire it, they can seek arbitration of their trademark or other dispute under these Rules.
Seventh Tier: Requirement of Use.
A very significant aspect of the restricted TLD being proposed herein is a requirement that the domain name be used. IATA proposes to require that all domain names be “in use” within 90 days of registration. “In use” means part of a substantive, legitimate web site relating to the travel industry. If the 90 day period is not satisfied then, in most cases, the registration will be deleted.
We believe this requirement will go a long way to protecting against the classic cybersquatting activity. In addition, this will help diminish the current problem of having millions of TLDs tied up in registrations without offering the public the benefit of current usage associated with those names.
Eighth Tier: Ongoing Monitoring by IATA.
Finally, IATA intends to conduct annual reviews of each registration to ensure that: 1) the registrant is still a legitimate participant in the travel industry, and 2) the domain name is still “in use.” If either is no longer the case, the domain name will be deleted.
IATA also intends to protect other types of intellectual property rights such as copyrights, confidential information, etc. The criteria that IATA proposes to use in the approval process for the “.travel” TLD will require an applicant to provide much more information than is currently required for other TLDs. This application data will be considered proprietary to the applicant and will be treated as confidential. Only the information that is required for DNS will actually be entered into the registry database.
Registrars will have access to all of the application data. Registrars will be entitled to use applicant information related to “.travel” TLD for their own marketing ancillary services and for renewal processing. Registrars cannot resell the data received as part of a “.travel” application under any circumstances.
E5.1. What measures will be taken to discourage registration of domain names that infringe intellectual property rights?
IATA proposes to adopt the ICANN UDRP, which will help discourage bad faith registration and use of domain names in the “.travel” TLD. In addition, as discussed above, if IATA, prior to registration of the domain name, receives a court-stamped copy of a complaint that has been filed in a court with jurisdiction over the applicant for the domain name, IATA will hold the registration in abeyance pending the outcome of that litigation. As a condition to registration, applicants will be required to agree to consent to the jurisdiction of the courts either in their home country or where the registrar is based with respect to a challenge that the use of the requested domain name would constitute trademark infringement or dilution, or some other violation of the intellectual property rights of a third party. In addition, IATA’s alternative dispute resolution procedures are available if both parties agree to place the matter before a tribunal under the IATA Arbitration Rules, see Attachment E1.B.
E5.2. If you are proposing pre‑screening for potentially infringing registrations, how will the pre‑screening be performed?
As “.travel” will be a truly global TLD, with registrations from virtually every country in the world, there is the distinct possibility that multiple potential registrants could have the same trademark registered in their respective countries. As it is thus impossible to rely on the trademark registration infrastructure of any single country, this presents an obvious challenge for any pre-screening process. What IATA proposes, as shown in the flow diagram in Attachment E1.A is to post all new applications on the website for a 10-day period, to give the public notice of the filing and an opportunity to object in the event of an allegation of trademark infringement. Should such an allegation be made, the procedures described above in Section E5.1 would then be triggered to determine whether the registration proposal would in fact constitute a trademark infringement. IATA believes this will be a practical and effective means for identifying and resolving trademark disputes early on in the domain name registration process, providing a model that may be suitable for emulation in other TLDs which also must come to grips with the prospect of potentially conflicting registrations in the trademark systems of different countries.
In addition, as fully explained in Section D, Registry Operator’s Proposal, II 2.1.4 , the “.travel” TLD registry operator proposes to offer an Intellectual Property Notification Service which will enable interested parties to monitor domain registrations. This enhancement will further contribute to the ability of members of the Internet community to take action early in the process when potentially infringing registrations are proposed.
E5.3. What registration practices will be employed to minimize abusive registrations?
The proposed approval process will negate the assignment of domains that are intended for any other purpose than use by entities that are genuine participants in the travel industry. Domain names that are assigned under “.travel” will undergo periodic review and IATA will accept public commentary regarding entities using a “.travel” domain.
With respect to domain names that may violate the intellectual property rights of third parties, as referenced above, IATA proposes to adopt the ICANN UDRP, where applicable, to hold applied-for names in abeyance if a court proceeding has been commenced, and to make its alternative dispute procedures available if both parties desire to invoke them.
E5.4. What measures do you propose to comply with applicable trademark and anti‑cybersquatting legislation?
IATA intends to comply fully with such legislation. These laws can be enforced because applicants will be required to consent to the jurisdiction of certain courts, and a party with a potential complaint will have had access to the requested application via the Internet during the ten day window after the application has been filed. That party will be able to file a court action, and if IATA receives a copy of the complaint stamped by the court in a timely fashion, it will hold the application in abeyance until the matter has been litigated. If the case comes to the attention of IATA after the name has been registered, IATA will comply with the lawful order of the court regarding any transfer or cancellation of the name.
In addition, as stated above, IATA intends to adopt the ICANN UDRP. Further, IATA would offer the alternative of an IATA arbitration if the parties mutually agree to it as referenced in E1 under the UDRP, point 4 and elsewhere below.
E5.5. Are you proposing any special protections (other than during the start‑up period) for famous trademarks?
The ICANN UDRP already addresses famous trademarks to some extent. In addition, if a person or entity believes that a proposed registration will infringe a “famous” trademark, that person or entity can file suit in the appropriate court and provide IATA with a copy of the complaint as filed. In this case, IATA would hold the registration in abeyance if notification was received prior to registration. Otherwise, IATA would defer to the decision of the court when issued.
E5.6. How will complete, up‑to‑date, reliable, and conveniently provided Whois data be maintained, updated, and accessed concerning registrations in the TLD?
As part of the application and approval process IATA will require that each assigned name undergo a yearly review. Where material changes have been made to data pertinent to the registration database IATA will provide the database with the changes. Whois queries will go through a normal request process for any TLD and result in a typical response for the existing TLD’s. Data that is atypical of a normal Whois request will not be made available from this registry.
During the startup portion of the “.travel” TLD the registry will serve Whois requests with a minimum of information supplied. When the IATA registrar support organization has reached a more mature state IATA may elect to provide a more expansive Whois server.
E6. Dispute Resolution. Describe the policies for domain name and other dispute resolution. If you are proposing variations to the policies followed in .com, .net, and .org, consider the following questions:
E6.1. To what extent are you proposing to implement the Uniform Dispute Resolution Policy?
As discussed above, IATA fully intends to adopt the UDRP.
E6.2. Please describe any additional, alternative, or supplemental dispute resolution procedures you are proposing.
The UDRP applies to whether a domain name has been registered and is being used in bad faith. It would not apply to the issue of whether an entity meets the objective IATA criteria for determining whether the entity is entitled to be a part of the “.travel” TLD. If a dispute arises between two entities as to whether an applicant is so qualified, and both parties desire it, the IATA Arbitration Rules can be applied to resolve that dispute. In addition, IATA would make the IATA Arbitration Rules applicable to a dispute regarding use of a particular name if both parties so desired. A copy of the current IATA Arbitration Rules is set forth in Attachment E1.B.
E7. Data Privacy, Escrow, and Whois. Describe the proposed policies on data privacy, escrow and Whois service.
IATA has been and will continue to be fully committed to complying with all applicable laws in relation to data privacy. In this regard, the IATA Passenger Services Conference has adopted a policy, designated Recommended Practice 1774 “Protection of Privacy and Transborder Data Flows of Personal Data Used in International Air Transport of Passengers and Cargo” a copy of which is attached as Exhibit C4.F. The intention in adopting this Recommended Practice is that it would serve as a modus vivendi whereby IATA Members could demonstrate their compliance with relevant data privacy laws, particularly those of the European Union. Discussions are ongoing with the European Union toward achieving recognition of Recommended Practice 1774 as an approved Code of Conduct.
The Memorandum of Understanding between IATA and the Registry Operator provides that all data in relation to the “.travel” TLD will be deposited with a reputable, mutually acceptable escrow agent, to be transferred to IATA and/or ICANN upon expiration or termination of the Agreement between IATA and the Registry Operator, in order to ensure reliable and continuous operation of the “.travel” TLD.
The IATA concept in proposing the “.travel” TLD as a criteria-based approval TLD changes some of the previous Internet standard practices regarding Escrow and Whois. The Escrow concerns that currently exist between the registrar and the registry will be handled within the IATA second level registrars organization. IATA will receive the application and fees from the Registrar. IATA will inform the registry to reserve the applied-for name in a pending area. IATA will perform the decision process for name approval. IATA will then notify the registry of the approval status and remit the registry fee. The registry will then update DNS and the Whois server data.
E8. Billing and Collection. Describe variations in or additions to the policies for billing and collection.
In the broadest terms, the applicant for a “.travel” TLD name will be invoiced electronically by the registrar to whom the application is submitted. The applicant will remit electronically the applicable fees to the registrar. The registrar will, in turn, electronically transmit the remittance to IATA less the commission for the agreed services provided by the registrar on behalf of IATA. IATA will in turn settle electronically with the registry operator the agreed remuneration for the services to be provided.
IATA will bring to this process its extensive experience in the billing and collection system through its Billing and Settlement Plan (BSP) operating in over 140 countries, regions or territories which is a precise and tested system in operation for more than thirty years. The BSP system simplified the “clearing house model” of reporting and remitting procedures of IATA Accredited Passenger Sales Agents to their appointing airlines. The BSPs, together with the CASS (Cargo Accounts Settlement Systems for Cargo Agents),processed in excess of US$130 billion in 1999 on behalf of the some 574 participating airlines worldwide.
IATA’s expertise in financial processing also includes the IATA Clearing House which processes interline billings and charges on a monthly basis. The IATA Clearing House processed some US$32 million in 1999 on behalf of its participants.
IATA also operates the Interline Data Exchange Centre (IDEC) which supports revenue accounting by providing electronic transmission of interline billing data for 81 airlines with, in 1999, over 80 million data records; the IATA Currency Clearance Service (ICCS) for 45 airlines participating in 40 countries which cleared US$10.9 million in 1999 and the ATC (Air Traffic Control) Enhancement & Financing (E&F) service which collects air navigation charges on behalf of 29 air traffic control authorities worldwide.
E9. Services and Pricing. What registration services do you propose to establish charges for and, for each such service, how much do you propose to charge?
As a not-for-profit organisation IATA will charge for the registration services outlined herein on a cost recovery basis. Any surpluses that may arise will be reinvested into Internet initiatives aimed at improving the service, supporting the implementation and promotion of new Internet best practices and, importantly, in helping bridge the digital divide.
IATA’s registration service is designed to support the TLD policies outlined herein through the initial accreditation of registrars, sponsoring associations and domain name applicants. The fees associated with the activity are structured to cover the direct costs associated with fees charged to IATA by the Registry Operator, service fees to registrars and associations, and IATA’s direct costs in administering the TLD policies and quality assurance program associated with the “.travel” TLD.
In addition to the one-time accreditation fee IATA will administer a yearly domain name subscription fee to cover Registry charges to IATA as outlined in Section D of the Registry Operator’s Proposal. IATA’s other ongoing costs will be associated with infrastructure maintenance, support and concurrence in meeting new Internet standards and best practices, seven by twenty four customer support, awareness and educational programs, support for the .travel Advisory Board and IATA-Registrar Forum, and the ongoing quality assurance and review program. In accordance with IATA’s not-for-profit structure, fees will decrease as the fixed costs associated with the program are distributed over an increased subscription base, as shown in the Pro-Forma Initial Budget, see Attachment C12.B.
E10. Other. Please describe any policies concerning topics not covered by the above questions.
IATA currently follows and systematically applies policies for ensuring that companies that are accredited or endorsed by IATA meet certain standards for viability and legitimacy. IATA would bring these same policies to the “.travel” TLD. Not only would IATA require that applicants to the “.travel” TLD demonstrate this same level of viability and legitimacy, but it would continue to apply these policies through annual reviews and other monitoring procedures.
II. REGISTRATION POLICIES DURING THE START‑UP PERIOD (Required for all TLDs)
E11. In this section, you should thoroughly describe all policies (including implementation details) that you propose to follow during the start‑up phase of registrations in the TLD, to the extent they differ from the General TLD Policies covered in items E1‑E9. The following questions highlight some of the areas that should be considered for start‑up policies:
Because this will be a restricted top level domain, and because registrations will require satisfaction of certain objective criteria, the startup phase will perforce be different than it is for an unrestricted TLD. IATA proposes to handle the startup phase, estimated to last about four months, as follows:
The initial population of “.travel” assignments will be considered based on top level domain names first (as in “Registered-name.travel”). This will be followed by country-specific sub-domains (as in “Registered-name.fr.travel”). Applications that arrive during the startup period which do not fit the top level criteria will be deferred for consideration until after the startup phase has passed.
E12. How do you propose to address the potential rush for registration at the initial opening of the TLD? How many requested registrations do you project will be received by the registry operator within the first day, week, month, and quarter? What period do you believe should be considered the TLD's "start‑up period," during which special procedures should apply?
IATA believes that by limiting the applicant process to only those qualified for a top level domain name in the first few months, IATA will be able to provide the most expansive benefits to the common Internet user, without overwhelming the registry, registrar and accrediting process.
E13. Do you propose to place limits on the number of registrations per registrant? Per registrar? If so, how will these limits be implemented?
The “.travel” TLD, being a restricted or sponsored TLD, has a built-in limitation to how many applications may be approved for any particular applicant. Each name application will be evaluated on its own merits and approved or disapproved based on its individual application. It is to be expected that some members of the travel industry will have multiple names that they want to be included in the “.travel” TLD, and IATA intends to accommodate such requests as long as each request satisfies the applicable criteria.
E14. Will pricing mechanisms be used to dampen a rush for registration at the initial opening of the TLD? If so, please describe these mechanisms in detail.
The rush for registration in the startup phase is limited by the type of TLD assignment available during that period. Pricing is a factor determined by the type of registration, but not as a vehicle to artificially limit the number of applicants.
E15. Will you offer any "sunrise period" in which certain potential registrants are offered the opportunity to register before registration is open to the general public? If so, to whom will this opportunity be offered (those with famous marks, registered trademarks, second‑level domains in other TLDs, pre‑registrations of some sort, etc.)? How will you implement this.
IATA believes that the practice of offering pre-registrations to particular applicants to be a discriminatory practice. IATA will use a phased approach to limit the initial sign-on rush by only allowing those who qualify for top level domain names to proceed in the approval process. The issues surrounding trademarks and other brand issues are accounted for in the multi‑tiered approach discussed above which IATA is adopting for the “.travel” TLD.
III. REGISTRATION RESTRICTIONS (Required for restricted TLDs only)
E16. As noted in the New TLD Application Process Overview, a restricted TLD is one with enforced restrictions on (1) who may apply for a registration within the domain, (2) what uses may be made of those registrations, or (3) both. In this section, please describe in detail the restrictions you propose to apply to the TLD. Your description should define the criteria to be employed, the manner in which you propose they be enforced, and the consequences of violation of the restrictions. Examples of matters that should be addressed are:
As the “.travel” sponsor, IATA proposes that the simple relationship of registrar and registry is insufficient to meet all of the implications of a criteria‑based approval process.
IATA proposes that for “.travel” there are restrictions on who may apply, how they may use the name (stated as part of the application) and whether their specific business or organizational standing is substantiated by a third party process.
IATA, as in all of its activities, is non-exclusionary and therefore any person or entity conducting and/or providing travel business and services may apply for a “.travel” TLD registration by making an application in the form prescribed to a duly appointed Registrar and by meeting the objective requirements and criteria set forth by IATA. Such objective qualifications and criteria must continue to be met in order to ensure retention of the “.travel” TLD registration (in which event, the term “applicant” where used in this section shall be understood to include an existing holder of a “.travel” TLD registration).
See Sections E17-E21 for more detail.
E17. Describe in detail the criteria for registration in the TLD. Provide a full explanation of the reasoning behind the specific policies chosen.
The introduction of a new TLD that uses a different method of assigning domain names allows for the correction of some of the problems that have faced Internet users, trademark owners, and service providers, while still striving to protect the continued flow of free expression on the Internet.
IATA believes that the growth and stability of the Internet is highly dependant on a fully developed e-commerce environment. A fully developed environment includes a reasonable amount of consumer assurance that they are not in constant jeopardy of being cheated by unsavory operators. That environment also includes a method for buyers and sellers to assure each other of their ability to meet and maintain a minimum set of objective requirements and criteria.
Therefore, IATA proposes that certain minimum objective requirements and criteria must be met if an application is to be approved for registration in the “.travel” TLD. Registration in the “.travel” TLD will not be given to an applicant who fails to meet these minimum objective requirements and criteria. The objective requirements and criteria must continue to be met in order to ensure retention of registration in the “.travel” TLD.
Generally the objective qualifications and criteria for registration in the “.travel” TLD will include, but not be limited to, the following:
· A completed Application Form (to be developed) including name, physical, postal and e-mail addresses, telephone and fax numbers, web site name, address and date on which established, VAT number (if applicable);
· A government license, where required to be a travel business and services provider. Where there is no such government licensing requirement, evidence of business registration must be provided if applicable;
· A digital certificate;
· Documentation providing evidence of applicant’s legal form of business;
· Must be an operating business, be accessible to the public, be in compliance with local business practices and be identifiable as being a supplier/distributor/reseller of travel services, including local and government tourist boards;
· Evidence of meeting the appropriate financial requirements for the business;
· Appropriate banking references;
· Evidence of errors and omissions insurance policy;
· Evidence of meeting the appropriate security requirements for the business;
· No pending or unresolved complaints at state or local consumer affairs offices;
· Evidence of advertising the entity under the business name, i.e. a listing in the telephone directory;
· If a new entity or startup business, provision of a business plan;
· Certification that the registration and/or use of the domain name will not infringe or dilute the trademark rights of any third party, or otherwise violate the intellectual property rights of any third party, or contravene any applicable law against cybersquatting or cyberpiracy;
· Agreement to be bound by the ICANN Uniform Dispute Resolution Policy;
· Agreement to submit to the jurisdiction of the courts in the state or province where (1) the registrar is based or (2) the applicant is based, with respect to the filing of any suit which alleges that the registration or use of the domain name infringes or dilutes the trademark rights of any third party, or otherwise violates the intellectual property rights of any third party, or contravenes any applicable law against cybersquatting or cyberpiracy;
· All material statements in the application must be accurate and complete;
· Applicable fees as set out in the Application Form;
· In addition, if the applicant is successful, the “.travel” TLD registration must be used within ninety (90) days of registration approval.
Specific objective qualifications and criteria are to be developed appropriate for the various categories of applicants within the travel industry through their representatives on the .travel Advisory Board and agreed with IATA.
IATA’s extensive experience in the development of objective, but appropriate, business standards, objective qualifications and criteria will assist in this development. Examples where IATA administers and manages such activities are:
· Assignment of Airline Code Numbers (see IATA’s Airline Coding Directory, Exhibit C4.C);
· Assignment of Airline Designators (see IATA’s Airline Coding Directory, Exhibit C4.C);
· Assignment of Designators for Non-airline Companies, eg Car Rental Companies, Hotel/Motel, Ticketing System Codes, etc. (see IATA’s Airline Coding Directory, Exhibit C4.C);
· Administration of Location Identifiers (see IATA’s Airline Coding Directory, Exhibit C4.C);
· Accreditation, Registration and Endorsement of Travel and Cargo Agents, Travel Service Intermediaries (TSIs) (see IATA’s Passenger Agency Conferences Resolutions Manual, Exhibit C4.G);
· Assignment of Codes for the Travel Industry Designator Service (TIDS) and Electronic Reservation Services Providers (ERSPs) (see IATA’s Passenger Agency Conferences Resolutions Manual, Exhibit C4.G, IATA’s Passenger Services Conference Resolutions Manual, Exhibit C4.F and www.iata.org/tids and www.iata.org/ersp );
· Management of the IATA Travel Settlement Services (ITSS) (see www.iata.org/ids/travset ).
Samples of IATA’s objective requirements and criteria are:
Requirements and criteria for the assignment of airline codes, airline designators and three-letter location identifiers are found in the respective governing IATA Resolutions 762, 763 and 767 in the Airline Coding Directory (see Exhibit C4.C).
In respect to the worldwide travel agent sector of the travel industry, IATA has developed in consultation with local travel agent associations and the International Federation of Travel Agent Associations (UFTAA) qualifications and criteria currently in place for IATA Accredited Travel Agents which consist of general and country or area specific qualifications and criteria. Examples of these are contained in Resolution 814 which are applicable in a number of European and non-European countries (see Exhibit C4.E). Similar Handbooks contain general and country or area specific criteria for the Americas, Asia/Pacific and other European, Middle-Eastern and African countries not covered by the Resolution 814 programme. These can be viewed on the IATA website at: http://www.iata.org/agenthome/resolutions/reso1999.htm .
E18. Describe the application process for potential registrants in the TLD.
Numerous aspects of the application process are discussed in detail in various sections above, which are incorporated herein.
As noted in the previous section E17, IATA has extensive experience in processing applications for the assignment, administration and management of a variety of alpha and numeric codes. IATA also has extensive experience in processing applications not only for airline membership in the Association but also for the accreditation, registration and endorsement of travel and cargo agents worldwide through its field offices. IATA will bring all this experience to the application process for registration in the “.travel” TLD.
Features of the procedures for processing applications for registration in the “.travel” TLD will include, but not be limited to, the following:
· Each applicant will complete the application form from the IATA website;
· Upon receipt of the application, the Registrar shall promptly consider whether such application is complete. If any of the required information or fees have not been included with the application the Registrar shall so inform the applicant;
· The requested name shall be reserved with the Registry Operator pending approval or disapproval of the application;
· IATA shall promptly publish the applied-for name and the identity of the applicant on the IATA web site and shall provide a public comment period of 10 days (see diagram in Attachment E1.A);
· Any person or entity may file evidence within a period of 10 days with the Registrar/IATA indicating the grounds why that person or entity contends that the applicant does not meet the qualifications to be registered in the “.travel” TLD or to be granted the requested name. However, while IATA will make determinations regarding the ability of an applicant to be part of the “.travel” TLD, IATA shall not decide questions pertaining to trademark rights – rather, as discussed in E.5 above and elsewhere, trademark disputes may be resolved pursuant to the ICANN UDRP, the IATA Rules of Arbitration (see Attachment E1.B), or by the relevant court(s);
· The Registrar/IATA shall inform the applicant in writing in a timely fashion that such a protest has been made and shall invite a response;
· IATA shall process the application within a specified length of time to allow for due diligence in verifying the data provided;
· IATA shall provide for appropriate verification procedures of the data appropriate to the various categories of applicant within the travel industry;
· IATA shall promptly notify the applicant of the approval of the application and registration in the “.travel” TLD;
· Upon approval of the application, IATA shall notify the Registry Operator and registrar to update the Registry to reflect assignment of the newly approved “.travel” domain name;
· In the event of rejection of the application, the Registrar/IATA shall promptly notify the applicant in writing, giving clear reasons why the application failed. See E20 below for the appeal process;
· Any person or entity who filed a protest during the comment period may, if the application is approved, request a reconsideration of the “.travel” TLD registration by IATA or may request a review of the “.travel” TLD registration on the grounds specified in the protest. In the latter instance, IATA shall request the “.travel” TLD Name Commissioner to initiate a review and shall notify the “.travel” TLD registration holder of the request for the review and the grounds upon which it shall be based and shall invite the “.travel” TLD registration holder to submit rebuttal or supplementary information to the “.travel” TLD Name Commissioner, with copy to IATA, bearing on the allegations upon which the protest was filed.
· Rules of practice and procedure for a review conducted by the .travel TLD Name Commissioner shall be promulgated to ensure a prompt and impartial review of all matters properly submitted to the .travel TLD Name Commissioner;
· If the newly approved “.travel” TLD registration holder feels aggrieved about the decision of the .travel TLD Name Commissioner, access to further possible relief is provided for by recourse to the IATA arbitration process.
A person or entity registered in the “.travel” TLD wishing to have an additional registration in the “.travel” TLD shall apply to the Registrar/IATA which is empowered to register the applicant or reject such applications.
The process for application is described as a flow diagram in Attachment E1.A.
Samples of IATA’s processing procedures:
· The assignment of airline codes, airline designators and three-letter location identifiers are found in the respective governing IATA Resolutions 762, 763 and 767 in the Airline Coding Directory (see Exhibit C4.C).
· Travel agent applications in a number of European and non-European countries are found in, Resolution 814, (see Attachment C4.E). Similar Handbooks contain general and country or area-specific procedures for the Americas, Asia/Pacific and other European, Middle-Eastern and African countries not covered by the Resolution 814 programme. These can be viewed on the IATA website at:
http://www.iata.org/agenthome/resolutions/reso1999.htm for travel agents outside the USA. The procedures for IATAN Endorsed Travel Agents and Travel Services Intermediaries in the USA can be found on the IATAN web site at http://www.iatan.org/ .
· The issuance of the popular Travel and Cargo Agent ID Card in the USA