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L’Oreal shows cards on former “closed generic” gTLDs

Kevin Murphy, August 3, 2016, Domain Registries

Want to register a .beauty or .makeup domain name? L’Oreal will get to decide unilaterally whether “you’re worth it”.

The cosmetics maker has released the registration policies for its first former “closed generic” gTLD, .makeup, and they’re among the most restrictive in the industry.

Free speech appears to be the first victim of the policy — “gripe sites” are explicitly banned in the same breath as cybersquatting, 419 scams and the sale of counterfeit goods.

Domain investors and those who would hide their identity behind Whois privacy services appear to be unwelcome, too.

But perhaps most significantly, L’Oreal has also given itself the right to decide, in its sole discretion, whether a would-be registrant is eligible to own a .makeup domain.

Its launch policy reads:

Registrant Eligibility Requirements

To support the mission and purpose of the TLD, in order to register or renew a domain name in the TLD, Applicants must (as determined by the Registry in its sole and exclusive right):

  • Own, be connected to, employed by, associated with, or affiliated with a company that provides makeup and/or cosmetics related products, services, news, and/or content; or (ii) be an individual, association, or entity that has a meaningful nexus (as determined by the Registry in its sole discretion) with the cosmetics industry; and
  • Possess a bona fide intention to use the domain name in supporting the mission and purpose of the TLD.

Would-be registrants have to submit an “application” for the domain they want, and L’Oreal gets to decide whether to approve it or not.

Whether L’Oreal chooses to apply liberal or conservative standards here remains to be seen.

Like most new gTLD registries, the company plans to reserve many domains for the use of itself, partners, or future release.

The policies also give L’Oreal broad discretion to suspend or terminate names it decides violate the terms of the registration policy, which it says it can amend and retroactively apply at any time.

Using the domain counter to the mission statement of the gTLD is a violation. The mission statement reads:

The mission and purpose of the TLD is first and foremost to promote the beauty, makeup and cosmetics segments, through meaningful engagement with manufacturers, beauty enthusiasts, consumers, and retailers, using a domain space intended for use by individuals and/or companies within or associated with the various industries that provide, utilize, or bear a recognizable connection to makeup and cosmetic products and/or services.

L’Oreal has defined gripe sites — sites established primarily to criticize — as a security and stability concern that “may put the security of any Registrant or user at risk”, banning

other abusive behaviors that appear to threaten the stability, integrity or security of the TLD or any of its registrar partners and/or that may put the security of any Registrant or user at risk, including but not limited to: cybersquatting, sale and advertising of illegal or counterfeit goods, front-running, gripe sites, deceptive and⁄or offensive domain names, fake renewal notices, cross gTLD registration scams, traffic diversion, false affiliation, domain kiting⁄tasting, fast-flux, 419 scams.

If you want to set up a .makeup web site to criticize, say, L’Oreal for “body shaming” or for its animal testing policy, lots of luck to you.

The gTLD is owned by L’Oreal but seems to be being managed primarily by its application consultant, Fairwinds Partners.

It was originally designated as a single-registrant space, a so-called “closed generic” or “exclusive access” gTLD, in which only L’Oreal could register names.

But the company was forced to change its plans, under pain of losing its application, after the Governmental Advisory Committee persuaded ICANN to perform a U-turn on the permissibility of closed generics.

.makeup is due to start accepting pre-launch requests for Founders Program domains next Monday. General availability will start October 19.

Sunrise will kick off September 8, though L’Oreal warns that it has withheld generic terms such as “shop” from this period.

The company also owns .beauty, and I expect its terms there to be similar.

TLDH applies for 92 gTLDs, 68 for itself

Top Level Domain Holdings is involved in a grand total of 92 new generic top-level domain applications, many of them already known to be contested.

Sixty-eight applications are being filed on its own behalf, six have been submitted via joint ventures, and 18 more have been submitted on behalf of Minds + Machines clients.

Here’s the list of its own applications:

.abogado (Spanish for .lawyer), .app, .art, .baby, .beauty, .beer, .blog, .book, .casa (Spanish for .home), .cloud, .cooking, .country, .coupon, .cpa, .cricket, .data, .dds, .deals, .design, .dog, .eco, .fashion, .fishing, .fit, .flowers, .free, .garden, .gay, .green, .guide, .home, .horse, .hotel, .immo, .inc, .latino, .law, .lawyer, .llc, .love, .luxe, .pizza, .property, .realestate, .restaurant, .review, .rodeo, .roma, .sale, .school, .science, .site, .soccer, .spa, .store, .style, .surf, .tech, .video, .vip, .vodka, .website, .wedding, .work, .yoga, .zulu, 网址 (.site in Chinese), 购物 (.shopping in Chinese).

There’s a lot to note in that list.

First, it’s interesting to see that TLDH is hedging its bets on the environmental front, applying for both .eco (which we’ve known about for years) and .green.

This puts it into contention with the longstanding Neustar-backed DotGreen bid, and possibly others we don’t yet know about, which should make for some interesting negotiations.

Also, both of TLDH’s previously announced Indian city gTLDs, .mumbai and .bangaluru, seem to have fallen through, as suspected.

Other contention sets TLDH is now confirmed to be involved in include: .blog, .site, .immo, .hotel, .home, .casa, .love, .law, .cloud, .baby, .art, .gay, .style and .store.

The company said in a statement:

During the next six months, TLDH will focus its efforts on marketing and operations for geographic names such as dot London and dot Bayern where it has the exclusive support of the relevant governing authority, as well as any other gTLDs that TLDH has filed for that are confirmed to be uncontested on the Reveal Date. Discussions with other applicants regarding contested names will be handled on a case-by-case basis.