18(c). Describe operating rules to eliminate or minimize social costs or financial resource costs, various types of consumer vulnerabilities.
i. In line with Telefonica BrasilS.A.’s mission and purpose for the .VIVO gTLD, it is important for Telefonica Brasil S.A. to safeguard and protect its VIVO brand at the top level of the DNS’ hierarchy. Such protection does not only extend to the actual registration, delegation and use of the gTLD, but also to the domain names that are registered therein, and how these domain names are used.
Considering the fact that the actual award and delegation of the .VIVO gTLD to Telefonica Brasil S.A. is subject to the successful evaluation of the application, the Applicant has not yet defined in detail:
the types of domain names that will be registered;
who will be entitled to select which domain names will be registered;
who will be entitled to register such domain names;
who will be entitled to use such domain names; and
which types of use will be allowed or recommended.
As the Applicant believes that the development and implementation of one or more business cases could likely take a couple of months or even years, the Applicant has only focused on a number of high-level plans in relation to the operation of the .VIVO gTLD.
By all means, it is in Telefonica Brasil S⁄A’s vested interest to, on the one hand, make the most of this initiative, promote its own business interests, and mitigate risks for its brand and brand reputation, whilst also reducing the (social) costs for others.
In this context, the Applicant will devise policies that encompass and comprise the following features:
At least during the initial months or even years following the delegation of the .VIVO gTLD to Telefonica Brasil S.A., this extension is likely going to be a so-called “single registrant TLD” as contemplated by ICANN in Article 4.5 of the template Registry Operator Agreement (“Transition of Registry upon Termination of Agreement”). For the avoidance of doubt, a “single registrant TLD” is a TLD where “(i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for its own exclusive use, and (ii) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator.”
Therefore, parties who are not Telefonica Brasil S.A. or – insofar and to the extent Telefonica Brasil S.A. deems appropriate – an Affiliate will not be entitled to register domain names in the .VIVO gTLD.
Telefnica Brasil S.A. believes this to be in line with its vision and mission statement set forth in 18(a).
Consequently, it is unlikely that there will be multiple applications for a particular domain name.There will also likely be no (social) costs for non-eligible (third) parties, given the fact that they will be unable to register domain names in the .VIVO gTLD in the first place.
However, even if only Telefonica Brasil S.A. (and, as the case may be, Telefonica Brasil S.A.’s Affiliates) will be entitled to register domain names, this does not exclude the hypothesis that disputes may arise with one or more third parties as regards domain names that are registered in the .VIVO gTLD.
In order to avoid these risks, Telefonica Brasil S.A. intends to implement the following policies and processes:
First, the domain names to be registered by Telefonica Brasil S.A. and, as the case may be, its Affiliates, will likely relate to the following:
registered trademarks of Telefonica BrasilS.A.;
names of the Affiliates of Telefonica Brasil S.A.; and
names of departments within Telefonica Brasil S.A. and its Affiliates.
Furthermore, Telefonica Brasil S.A. envisages registering a fair number of generic words that are directly or indirectly related to the day-to-day business activities and operations of Telefonica Brasil S.A. and its Affiliates.
Prior to effectively registering such domain names in the .VIVO gTLD, Telefonica Brasil S.A. will require its legal and intellectual property department to review the list of these domain names on a regular basis in order to satisfy itself that they will not infringe the rights of third parties.
In any case, Telefonica Brasil S.A. will claim to have a legitimate interest in these domain names, as they are merely descriptive of the activities, products or services of Telefonica Brasil S.A. and⁄or its Affiliates. So even if one or more of these domain names would be protected by a registered trademark, held by a third party, it is likely that a claim under the Uniform Dispute Resolution Policy or Uniform Rapid Suspension policy will fail.
As regards the names referred to in Specification 5 to the template Registry Operator Agreement, Telefonica Brasil S.A. will follow the processes and procedures established by ICANN and the Governmental Advisory Committee.
If Telefonica Brasil S.A. would determine, at its sole discretion, that it will gradually allow certain categories of stakeholders to register domain names in the .VIVO gTLD in their own name, Telefonica Brasil S.A. will devise policies to that effect.
However, Telefonica Brasil S.A. will at all times be entitled to restrict, limit or expand:
the category or categories of stakeholders who will be entitled to register one or more domain names in the .VIVO gTLD, including their criteria for qualification;
the choice of domain name(s) registered in the .VIVO gTLD by and per such eligible stakeholder (category);
the use made by a stakeholder of a domain name registered in the .VIVO gTLD; and
the transfer of domain names registered in .VIVO.
Telefonica Brasil S.A. shall reserve the right to subject the registration or use of a domain name to internal approval processes and procedures, at each and every step of the domain name life cycle.
Given the fact that Telefonica Brasil S.A. may release such available domain names post launch in a highly controlled manner, this also reduces the likelihood that two or more applicants qualify for the registration of the same domain name in the .VIVO top-level domain;
As a method of last resort, and subject to the actual domain name registration policy adopted by the Registry Operator and in force at the time of registration, domain names will be allocated on a first-come, first-served basis.
In any event, Telefonica Brasil S.A. reserves the right to change or restrict any policies, procedures and practices at any point in time if it is of the opinion that there would be a risk that the reputation of the VIVO brand would be damaged.