Name Selection
Do the Application policies include name selection rules?
According to Application:
“The Names Selection Policy ensures only music-related names are registered as domains under .MUSIC, with the following restrictions:
1) A name of (entire or portion of) the musician, band, company, organization, e.g. the registrants “doing business as” name
2) An acronym representing the registrant
3) A name that recognizes or generally describes the registrant, or
4) A name related to the mission or activities of the registrant”
(Application, Question 18b iv and 20e)
The Name Selection Policy also covers the music Globally Protected Marks List (GPML):
“Globally Protected Marks List (GPML) will ensure major music brands and established artists, such as RIAA-certified platinum-selling bands, are protected not cybersquatted. These are reserved at all times.”
(Application, Question 18b iv and 20e)
“Applicants “can not register a domain containing an established music brand’s name in bad faith that might be deemed confusing to Internet users and the Music Community”
(Application, Question 20e)
There are also general ICANN-mandated Name Selection rules with respect to the Trademark Clearing House:
“Trademark Clearing House and its notification mechanisms will be implemented in accordance to ICANN specifications.”
(Application, Question 20e)
There are also general ICANN-mandated Name Selection rules with respect to the Geographic Names:
“In correspondence with GAC principle 2.7, DotMusic will block all country and territory names as registrations under .MUSIC. To accomplish this DotMusic will prior to launch (i) place the names on a reserved list that can solely be released as second-level registrations under .MUSIC by an agreement with the respective country or territory and with ICANN; and (ii) include in its registration policies that country and territory names are prohibited at lower levels.
The names reserved as country and territory names will correspond to the requirements in the ICANN Registry Agreement Specification 5, paragraph 5; and paragraph 2 where all two-character labels will be reserved for registration to ensure that any release of such names is done to the appropriate corresponding country or territory and thereby avoid user confusion.” “The release of a two-character, country, or territory name as second level registration under .MUSIC will be done in agreement with the corresponding country or territory, ICANN. DotMusic will define a procedure so that governments can request the above reserved domain(s) if they would like to take possession of them. This procedure will be based on existing methodology developed for the release of country names in the .INFO TLD. For example, we will require a written request from the country’s GAC representative, or a written request from the country’s relevant Ministry or Department. We will allow the designated beneficiary (the Registrant) to register the name, with an accredited Afilias Registrar, possibly using an authorization number transmitted directly to the designated beneficiary in the country concerned.”
(Application, Question 22)
Are name selection rules consistent with the articulated community-based purpose of the applied-for gTLD and consistent with the Application’s Mission statement?
To fulfill the requirements for Name Selection, the registration policies for name selection for registrants must be consistent with the articulated community-based purpose of the applied-for gTLD. The application demonstrates adherence to this requirement by specifying that naming restrictions be specifically tailored to meet the needs of the defined Community. The naming selection rules also harness a naming process that promotes higher accurateness and relevancy when describing the Community member and/or direct relationship with music activities, while maintaining the integrity of the registry and ensuring that domain names meet numerous technical requirements and enhanced safeguards to protect intellectual property and prevent cybersquatting that exists within the Community with other “open” strings such as .COM, .NET or ORG.
The name selection rules prevent registrants from registering popular artist names in bad faith without having any affiliation or relationship with the artist. This rule is also aligned with Eligibility to promote trusted authentication of Community members and prevent Community members from registering names that they have no affiliation with. This also mitigates the likelihood of confusion that could arise if registrants were able to register others’ name even if they are used in good faith. The Mission Statement is consistent with these Name Selection policies since it enables music rights holders (with a related trademarked name, and/or brand name, and/or “Doing Business As” name, and/or acronym name and/or or “Also Known As” name) to have better control of their names with less fear that unrelated 3rd-parties would register them.
The purpose of the Name Selection policy is align with the Mission Statement and ensure that a .music domain name registered with the most relevant and transparent name to describe the registrant to:
- Improve identification;
- Prevent malicious behavior (by registering a domain name in bad-faith or to purposely confuse users); and
- Eliminate the possibility of cybersquatting famous brand names (if a domain name registered is identical or creates a high likelihood of confusion with name(s) in the music Globally Protected Marks List [GPML]). (“Name Selection”)