Scope and Applicability
DPML stands for Domains Protected Marks List. Through DPML, Donuts Inc. (“Donuts”) has provided brand owners the unique opportunity to add their mark and mark-related terms to the DPML in order to block those terms from Registration at the second level across top-level domains owned and operated by Donuts (“Donuts TLDs”).
Donuts is now offering DPML Plus to enhance the legacy DPML service. DPML Plus gives brand owners the opportunity to block misspellings of their marks for the first time. Other unique benefits include:
- an initial 10-year block term;
- the ability to block an exact-match mark plus three additional strings that contain the mark or are common misspellings of the mark;
- more than three contains or misspell strings can be added for an additional fee;
- blocks all premium second-level domains;
- blocks are not subject to overrides by other parties with the same trademark without the consent of the applicable DPML Plus block holder; and
- the ability to submit unlimited overrides of blocked terms (for no wholesale override fee) if the mark holder elects to register and use previously blocked terms.
Eligible DPML Plus Applicants
DPML Plus Applications only may be submitted through a registrar authorized by Donuts to sell DPML Blocks (“DPML Registrar”). Prior to submitting a DPML Plus Application, DPML Plus Applicants first must provide information to the TMCH to obtain an SMD File (as detailed in the TMCH Guidelines). Once the TMCH has validated a mark, it will issue the mark holder an SMD File. Each DPML Plus Application must (i) include one or more SMD Files corresponding to the applied-for label(s) and (ii) meet the qualifications specified by ICANN and detailed in the TMCH Guidelines, as they may change from time to time.
Current DPML block-holders can convert their legacy DPML service into DPML Plus to receive the enhancements provided under DPML Plus (as described above), including extension of their block for 10 years. As a courtesy, Donuts is offering a discount to DPML customers who upgrade to DPML Plus.
DPML Plus Explained
DPML Plus Creation
Donuts will only create DPML Plus blocks insofar and to the extent that:
- The applied-for labels meet the DPML Plus block requirements set forth below;
- The domain name label in the SMD File exactly matches the applied-for primary label, and secondary labels that are either:
- contain in the primary label - see guidelines below, or
- are a common misspelling of the applied-for primary label - see guidelines below;
- The DPML Registrar holds sufficient funds to cover the non-refundable DPML Plus fee and is in good standing with Donuts; and
- The DPML Plus applicant is sponsored by a DPML Registrar; and
- The information contained in the DPML Registrar’s request meet the requirements in the Registrar’s DPML Plus Terms and Conditions.
Note, if a label is already subject to a legacy DPML block, only the legacy DPML block-holder can apply for DPML Plus.
Contains Guidelines: For Secondary DPML Plus Labels that contain the applicable Primary DPML Plus Label under Section 1.3.1(e) above, the exact-match trademark Label can be at the beginning, end or anywhere in the middle of the Secondary DPML Plus Label as long as the contained exact-match trademark is contiguous. The Secondary DPML Plus Label itself does not need to be a trademark, it only needs to contain the trademark. For example, if Microsoft applied for DPML Plus for the trademark ‘xbox’, it could include ‘xboxlive’ as a Secondary DPML Plus Label.
Misspells Guidelines: For Secondary DPML Plus Labels that are misspells of the applicable Primary DPML Plus Label under Section 1.3.1(e) above, the misspell should be confusingly similar to the Primary DPML Plus Label. For example, if Verizon applied for DPML Plus for ‘verizon’, it could include ‘v3rizon’, ‘verlzon’, and/or ‘verison’ as Secondary DPML Plus Labels. When reviewing Secondary DPML Plus Labels, Donuts will take into account whether the applied-for Label (i) is a dictionary or common use word, (ii) is already in the TMCH at the time of the DPML Plus purchase.
Donuts reserves the right, in its sole discretion, to approve or reject a DPML Plus application, or any part thereof, for any reason (e.g. a new trademark for a commonly used three character or dictionary term).
DPML Plus Block Requirements
Donuts will not accept a DPML Plus application unless the applied-for block meets applicable requirements as defined in RFC 1035, RFC 1123, and RFC 2181, including the following technical and syntax requirements:
- The labels must consist exclusively of the letters A-Z (case insensitive), the numbers 0-9, and hyphens;
- The labels may not begin or end with a hyphen;
- For DPML Plus blocks in IDNs, the label must be in the character scripts (languages) Donuts offers and supports as specified on the Donuts Website;
- The labels may only have two consecutive hyphens (--) in the 3rd and 4th positions, if any, when preceded by “xn” and followed by a label that corresponds with an IDN containing characters referred to in (c) above;
- The labels do not exceed 63 characters; and
- The applied-for primary label must be based on a Domain Name Label contained in an SMD File that is made up of at least three characters.
The Donuts’ suggested retail price for DPML Plus is $9,999. Payment can only be made via a DPML Registrar and is non-refundable. Donuts is not responsible for any failure on the part of DPML Registrars in this respect, including where such failure results in the failure to block, non-renewal or termination of the applicable DPML Plus block concerned.
Processing DPML Plus Block Requests
Donuts may not process a DPML Plus block request until it receives an SMD File and the DPML Registrar has paid the applicable fee (or Donuts in its sole discretion is reasonably assured of payment). Each DPML Plus application is subject to Donuts’ review.
DPML Plus Block Coverage
DPML Plus blocks will apply to standard and premium priced domain names in Donuts’ TLDs.
DPML Plus blocks will not apply to TLDs where the relevant label was registered prior to DPML Plus block approval.
DPML Plus Block Behavior
DPML Plus blocks:
- Will not result in a domain name that resolves on the public Internet;
- Are subject to periodic review by Donuts to verify that the applicable TMCH entry remains valid;
- Are not subject to override by third parties without the consent of the applicable DPML Plus block holder;
- Apply to TLDs that have been launched into general availability by Donuts;
- Will be applied, at no additional cost, to TLDs that are later owned, operated, and launched into general availability by Donuts;
- May, at Donuts option, cease to be applied to TLDs that are no longer owned and operated by Donuts; and
- May be published to WHOIS either as a DPML Plus service or as a registry reserved Domain Name.
Please note : Donuts may, but is not obligated to, revoke all or part of a DPML Plus block if the underlying TMCH entry for the SMD File is no longer valid.
DPML Plus Block Period
Each DPML Plus label will be blocked for an initial period of ten (10) years. Unless otherwise terminated or otherwise registered by the DPML Plus block holder, DPML Plus blocks expire on the same day of the month within which the DPML Plus block was created unless it was created on February 29, in which case it will expire on March 1. DPML Plus blocks may be renewed in annual increments.
DPML Plus Overrides
A DPML Plus holder may apply to register a domain name that is blocked under its DPML Plus service.
Other third-parties will not be permitted to override DPML Plus blocks without consent of the applicable DPML Plus block holder.
Representations and Warranties
By submitting a DPML Plus application, or when modifying any DPML Plus block, DPML Plus applicants or DPML Plus block holders, as the case may be, expressly acknowledge and accept that:
- The DPML Plus application or DPML Plus block contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not unlawfully infringe the rights of any third party;
- It shall participate in good faith in any dispute proceedings commenced by or against the DPML Plus applicant or DPML Plus block holder; and
- The DPML Plus applicant or DPML Plus block holder accepts and will abide by the Donuts Policies available on the Donuts Website.
Donuts’ Rights regarding DPML Plus Applications
By submitting a DPML Plus application, DPML Plus applicants and DPML Plus block holders expressly acknowledge and accept, that Donuts shall be entitled but not obliged to reject a DPML Plus block, or to delete, revoke, cancel or transfer a DPML Plus block:
- To enforce Donuts Policies and ICANN Requirements, each as amended from time to time;
- That is not accompanied by complete and accurate information as required by ICANN Requirements or Donuts Policies or where required information is not updated or corrected as required by ICANN Requirements and/or Donuts Policies;
- To protect the integrity and stability of the SRS or the operation or management of the Registries owned and operated by Donuts;
- To comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority or any dispute resolution service provider Donuts may hereafter retain to oversee the arbitration and mediation of disputes; or
- To establish, assert, or defend the legal rights of Donuts or a third party or to avoid any actual or potential civil or criminal liability on the part of or damage to Donuts or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders;
- To correct mistakes made by Donuts or any DPML Registrar in connection with a DPML Plus block;
- If Donuts receives notice that the SMD File is under dispute; or
- As otherwise provided in the applicable agreement(s) between the DPML Registrar and registry.
By submitting a DPML Plus application, DPML Plus applicants agree that Donuts and its agents are authorized to share information relating to DPML Plus applicants and their DPML Plus applications.
It is not Donuts’ obligation to notify a DPML Plus block holder in advance of the termination or expiration (for any reason) of a DPML Plus block. Donuts shall be entitled but not obligated to immediately suspend or cancel any DPML Plus block that is in breach of the Donuts Policies or any other applicable law or regulation.
Donuts reserves the right to review Whois records and verify contact information of DPML Plus block holders.
DPML Plus applicants or DPML Plus block holders found to have engaged in abusive registrations or practices, may, at Donuts’ sole discretion, be disqualified from maintaining any current or future registrations or DPML blocks in any registry or by Donuts.
Donuts may, in its discretion, amend the terms that govern DPML Plus from time to time, which amendments will take effect at the time they are published on its website. Donuts may furthermore issue interpretative guidelines on its website regarding DPML Plus.
As with disputes pertaining to DPML, disputes regarding DPML Plus are governed by the dispute resolution procedures set forth in the Sunrise and DPML dispute resolution policy ("SDRP") located on the Donuts Website.
Please note: ICANN has also provided an industry acronym helper found at: http://gnso.icann.org/en/acronyms.html
This DPML Plus Overview is a generalized summary of the terms and conditions of this service and is subject to change from time to time. It does not form a binding contract between Donuts and the reader.