NEW gTLDS ROUND 2 WHAT LESSONS HAVE WE LEARNT FROM ROUND 1? APRIL 2016 INTRODUCTION “More companies than last year now see the internet as a profitable way of making sales, compared to traditional methods. Unsurprisingly, perhaps, it is the more e-commerce mature businesses, like the retail/wholesale companies, that are particularly impressed with the internet as a selling tool. There are, of course, still obstacles to be overcome before the global digital revolution can really take off. These are more formidable barriers – security fears, particularly – than some e-commerce evangelists would like outsiders to believe. But when a massive 81% of respondents believe that electronic trading will revolutionize their dealings with customers – and 31% say that the internet has already increased total sales – it is clearly a revolution that is unstoppable. E-commerce companies that are lagging now only have a brief window before they fall irretrievably behind.” The above quote could well have been written by a brand holder to justify the significant investment in a new gTLD (generic Top Level Domain) when the application window opened for the expansion of the Internet back in 2012. It was actually written by one of the 600+ dotBrand applicants, KPMG Consulting (who became part of ATOS) – but not in 2016, or even within the past couple years. It was over 15 years ago. This was the conclusion to the company’s Electronic Commerce research paper in 1999, yet virtually every word could still be used by brand holders today to justify an application for a new gTLD when the second round eventually opens. 2 BACKGROUND Before we explore the changing Internet landscape that the new gTLD program created, let’s go back a few years, to a time when the current revolution of the web was still on the drawing board. The Internet Corporation for Assigned Names and Numbers (ICANN) finally agreed to an expansion of the Internet name space at their public meeting in Singapore in June 2011. Nobody really knew how many applications would be made when the window opened. The UK-based tech industry website The Register (www.theregister.co.uk) suggested that there would be “as many as 500 applications, with a substantial portion being dotBrands” (dotBrands being defined as trademark holders who acquire their own domain name suffix). ICANN predicted that between 100 and 200 brand holders would make an application to join a very exclusive club; one that offered the membership benefit of owning their own slice of the Internet. ICANN was very clever in the marketing of the program, deliberately stressing the importance of this ‘once in a digital lifetime’ opportunity to apply for a gTLD, rather than suggesting that this would be the first of a number of application rounds. New gTLDS Round 2 Not surprisingly, the application process was complex and comprehensive. This would not be a place for brand holders who wanted to sit on the fence. The process wasn’t without its problems, but even so, the number of dotBrand applicants surprised many when the results were finally announced in June 2012. 650 Almost 650 organizations invested time, resources and hard cash in making an application. They came from all corners of the globe and from every conceivable business sector. Many were household names; a few were complete unknowns – but the excitement generated by the variety of applicants had a number of brand holders looking on enviously. Although the conversation in some boardrooms after the applications list was published was “Why exactly did we apply?” There were many more asking “Why didn’t we apply?” Seeing two or three competitors gain an unassailable medium-term advantage was enough to fuel some heated debates. It was interesting to see that two of the big four UK banks applied for their own gTLDs, and the absence of an application from Facebook or Twitter, when more traditional communications services such as Gmail and Yandex had applied. Many organizations dismissed the program as nothing more than a marketing stunt, predicting that without consumer education, adoption and usage, it would fail. What the gTLDs needed in order to be successful was some pioneers; companies that saw this opportunity in the same way that the prospectors of the US 1889 Land Rush did. The road from the application announcement in London in June 2012 to a fully functioning domain name in the root zone of the Internet has been very long, very bumpy and full of challenges for those involved. It took almost 18 months for the first gTLD to become live, and then a further few weeks before the first dotBrand joined them. Many dotBrands didn’t complete the journey. Hasbro withdrew dotTransformers; L’Oréal withdrew its main brand and a number of product-based applications; Heinz withheld its applications (including dotKetchup) and, surprisingly, Hilton International declined to register its world-famous hotel brand. Whilst all had their reasons, they had all gone through the hardest parts of the process in making the decision to apply. 3 organizations invested time, resources and hard cash in making an application SECONDS AWAY, ROUND ONE The first of the new gTLDs to launch in late 2013 were generic names such as dotBike, dotGuru and dotPics – hardly TLDs that set the marketing department pulses racing. The first dotBrand to launch was little known outside of Australia. Monash University, based on the outskirts of Melbourne, made Internet history when its dotMonash TLD went live in January 2014. The fact that the university had managed to progress its application and ready itself for launch before some of the world’s biggest brands summed up the ICANN spirit of the new gTLD program – offering a level playing field not just to those organizations that had the resources, but also to those that had the desire to be part of a new Internet. KPMG was the first big organization to brashly announce that it would completely rebrand its online presence under its new dotBrand gTLD. However, it was actually the Chinese International Trust and Investment Corporation, or CITIC for short, that got there first. New gTLDS Round 2 It launched dotCitic in the summer of 2014, only to revert back to using dotCom a few months later for some unknown reason. Perhaps the concern was based around losing natural search rankings by switching from a traditional gTLD to a new one. This was, and still is, the most important consideration for the adoption of any new gTLD. Unsurprisingly, Google (and consequently most other search engines of note) have been relatively tight-lipped on the subject of search and page ranking. We have seen some new gTLDs succeed in search result terms – AXA’s idea of creating a website specifically for its financial information under its dotAxa gTLD has shown that natural search rankings can be achieved by following traditional search engine optimization methods of relevant content, reflected in the choice of domain name, whilst dotBarclays (home. barclays) and dotBNPParibas (mabanque.bnpparibas) have both successfully launched their dotBrands, replacing existing dotCom websites with little impact on natural rankings. “This is the start of a new phase of the internet" Ben Fried, CIO, Google Other brands have now started to engage with the program, ready to come out from the shadows after watching the likes of Barclays, Cern (home.cern), Sandvik (crushology.sandvik, as well as home.sandvik) and Fox (nic. fox) represent the diverse nature of brands who all now have one thing in common: owning and managing their own slice of Internet real estate. Google’s Chief Information Officer, Ben Fried, spoke about the new gTLD program at the company’s annual I/O conference in June 2014. “This is the start of a new phase of the internet – we don’t know where that journey will take us. However, finding things on the web is the heart of our mission.” Although Google has always said that its algorithm doesn’t favor one TLD over another, and that the suffix is just one of many factors used to rank websites, the company has changed its definition slightly, in what could be the first nod to the new program. “If and when there is enough information to objectively understand that all sites on a .ABC (a new gTLD) are relevant to .ABC then the TLD might carry more weight for searches related to ABC”, the company has stated. Despite remaining non-committal, you cannot escape the fact that Google sees a huge opportunity in the program – otherwise why would it have applied for more than a hundred gTLDs of its own? Back in September 2013, Google talked of the importance of its dotBrand applications, including dotGoogle, dotYoutube and dotGmail. “The timeframe to get dotBrands out seems to be three to five years, but we will not wait three to five years. We will be aggressive. Speed is important”, said the company’s gTLD spokesman, Hal Bailey. Yet, more than two years later, there’s still little sign of any of Google’s dotBrands becoming part of the fabric of the Internet, although the recent launch of domains.google is certainly an interesting move to become a challenger brand in the highly competitive retail domain name space. Those dotBrands that have launched using ‘home’ as their key string to the left of the dot may have experienced some initial drop in rankings, which is in some ways understandable (the term is as generic as they come and the Google algorithm will not necessarily see the relevance of the term respected within website content), but all who have made the transition have soon regained that original ranking. If one of the major opportunities of applying for a new dotBrand was to gain a first-mover advantage, it seems that few so far have wanted to make that bold move. Any organization that didn’t apply during the first round and is now considering an application should only do so with clear usage scenarios in place. 4 New gTLDS Round 2 In order to understand why an organization might decide to make a second-round application, it’s worth understanding the core reasons why the existing applicants applied, and whether they would be valid criteria for any future expansion. “We will be aggressive. Speed is important" Unsurprisingly, some of the brand holders who are keen to join the dotBrand club have been putting pressure on ICANN to give an indication of when they will have another opportunity to apply. It does appear that many people have got ahead of themselves in heralding the advent of a second round. As of the end of March 2016, over two years into the first launch phase of the program, there’s still a significant number of applicants waiting to pass through ICANN’s production line and made it to delegation. To start building momentum behind a second wave before the first round has hit its teenage growth spurt seems to be very premature. Hal Bailey, gTLD Spokesman, Google A number of brand holders see the new gTLD program as an opportunity to innovate – gaining a competitive advantage in the biggest global market. Applicants can use new generic gTLDs or their dotBrand to differentiate themselves in geographical markets (London.ABC or ABC.London, for instance), rather than having to use IP location code within a website or specific country code TLDs. Organization-specific TLDs will now have greater meaning by combining relevant, specific generic terms with the brand name, such as support.apple, service.bmw or saxo.bank. Two of the major concerns that brand holders have are keeping their customers safe and their reputation intact. Providing a safe environment for their customers, ensuring that web traffic is not diverted and, ultimately, that they maximize their online revenues are core objectives for any successful online brand. The operation of a dotBrand gTLD will ensure that organizations eliminate some of the most common IP infringements we see today. It takes a matter of seconds to register an infringing domain name and, more often than not, damage to reputation, web traffic and revenues can be inflicted before the brand is even made aware of the rogue domain. A slight misspelling of a brand name is often not immediately visible to the human eye. If a brand can confidently say “If it doesn’t end in dotABC, then it isn’t us”, that is a massive advantage. Few competitors will be able to make that claim, and that delivers consumer confidence. This is one of the reasons why major global financial institutions chose to invest in their own Internet space. This, of course, requires investment in consumer and customer education, but the long-term outlook is very positive for dotBrands. 5 ARE WE READY FOR ROUND TWO? Fairly well hidden in the document published in late 2014 by ICANN, entitled New gTLD Program Reviews and Assessments, was a statement that suggested a second round of new gTLDs is still a few years away. The exact wording of the relevant paragraph was: “ICANN anticipates contracting to be completed by the end of 2016, and pre-delegation testing by early 2017, before completing all the new delegations by mid-2017. The gTLD Applicant Guidebook also provided that ICANN’s goal is to launch subsequent gTLD application rounds as quickly as possible, noting that the exact timing would be based on experiences gained and changes required after the completion of the first round, and stating a goal for the next application round to begin within one year of the close of the application submission period for the current round.” Over a year later and it seems that the timeline is holding up, meaning that we don’t believe the next application period for new gTLDs will happen before mid-2018. It’s not that ICANN wouldn’t be ready. On the contrary, a number of working groups have already been set up by ICANN to examine what aspects would need changing for a second round. The issues seem to be related to the sins of our fathers: delays in creating a more robust mechanism to handle issues such as contention, prioritization and usage. New gTLDS Round 2 There have even been mutterings that the second round could actually be restricted to only geographic TLDs such as dotNYC, dotBerlin and dotLondon, which have been incredibly successful so far, and potentially additional dotBrands. If that is the case, then that next window could come sooner than we think, although the recent explosion in registration growth of generic TLDs (dotTop, dotWin, dotRed), especially through the Chinese registrar market, would suggest that ignoring the generic terms in a second round would not be in anyone’s interest. We are familiar with the concept of no-win, no-fee litigation, which revolutionized the legal industry and has been responsible for the creation of thousands of quasi-law firms, with no more expertise than what they’ve learnt from an online course. That seems to have been the approach taken by some dotBrand applicants, who saw little financial penalty in applying during the initial window, before withdrawing their applications when there was a need to start devoting time, resource and money to their application. ICANN’s rebate policy was perhaps too lenient, allowing applicants to recoup virtually all of their initial investment if they withdrew from the program before the contracting stage. Some of these applicants were poorly advised in the first place, some simply had no appetite to take on such a commitment once they’d won the right to their name, whilst others simply withdrew their application(s) when it became apparent there would be no competitive advantage. 6 New gTLDS Round 2 Rather than waiting for the second-round window to open, prospective applicants should now be thinking about how they would rewrite the digital marketing playbook. CONCLUSION Innovation is the key to growth on the Internet today. Owning a new gTLD will enable brand holders to develop new engagement models with their clients. For instance, offering every client their own bespoke URL, whether for security purposes or simple vanity, would allow a dotBrand to develop community-based applications using the domain name as the key. The history of the Internet has taught us that tomorrow’s growth businesses, disrupters and viral applications have very short incubation periods – Facebook has gone from being an online platform used by a handful of US students to a social media giant that is used by one in five people on the planet. Rather than waiting for the second-round window to open, prospective applicants should now be thinking about how they would rewrite the digital marketing playbook. The key to any second-round applicants hitting the ground running is to ensure that they have usage scenarios in place long before the application window shuts. Taking on the responsibility of running a new gTLD registry shouldn’t be taken lightly, and all relevant stakeholders must understand the time, costs and infrastructure that are required to not only meet the stringent criteria laid down by ICANN, but also to develop a new digital strategy. Decisions on whether to apply for a new gTLD won’t necessarily be made on the success of the first round, but on standard business decision-making factors, including return on investment, budget availability and brandprotection strategies. Any applicant needs to answer a number of core questions before they put pen to paper: ●● ow will we use the dotBrand in a way that will H benefit staff, stakeholders, shareholders and, ultimately, customers? How will we measure success once it has been launched? ●● hy do we need to apply for a new dotBrand? Are W we applying to create a defensive position within our market or will this give us a competitive advantage? 7 ●● hen should we start planning our usage scenarios? W Once we have our dotBrand, when will we be able to start implementing new digital strategies? ●● ho should be involved in the project? Should this be W driven by Marketing, IP, Legal or Technical? Who are the key stakeholders managing the project? ●● hat are our objectives for applying for the dotBrand, W and what are our objectives once it has been launched? DISCUSSION POINTS ●● In hindsight, can you see any value in your brand or client’s brands applying for their own gTLD? ●● ow would you define whether the program has been H a success so far? ●● ow effective do you feel the Rights Protection H Mechanisms introduced for the program have been so far? ●● o you or your clients view the program more as an D opportunity or a threat to the core brands you manage? ●● ave you increased the marketing or IP protection H budgets as a result of the new gTLD program? ●● hat’s your view on ICANN standing back to allow the W introduction of negative sentiment Top Level Domains? ●● hat changes, if any, would you like to see introduced W before a second round is considered? ●● hat would be the compelling event for you or your W clients to consider an application in the second round when it eventually happens? ●● o you feel that owning a dotBrand will give D organizations an advantage in the online battle for customers, web traffic and revenues? 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