Donuts Inc.

Scope and Applicability

DPML stands for Domains Protected Marks List.  Through DPML, Donuts Inc. (“Donuts”) offers 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 all top-level domains owned and operated by Donuts or its subsidiaries (“Donuts TLDs”).  DPML helps protect mark holders against cybersquatting at a fraction of what it would cost to defensively register the same term(s) across Donuts TLDs.  A DPML Block is simply a String that the mark holder wishes to protect.  The String may be an exact match of the mark or may contain the mark within it (the mark may be at the beginning, end or anywhere in the middle of the applied-for label(s), so long as it is contiguous).

For example, let’s say ABC Co. owns the trademark “xyz”.  Even if ABC Co. does not have a trademark for “xyzzz,” ABC Co. may still purchase a DPML block to cover the label ‘xyzzz’ because that String fully contains the trademarked term “xyz.”

Eligible Applicants

DPML Applications only may be submitted through a registrar authorized by Donuts to sell DPML Blocks (“DPML Registrar”).  Prior to submitting a DPML Application, DPML 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 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.

DPML Information Request Form

DPML Blocks Explained

DPML Block Creation

Donuts will only create or modify a DPML Block insofar and to the extent that:

  1. The applied-for block meets the DPML Block Requirements criteria set forth below;
  2. The information contained in the DPML Registrar’s request meet the requirements in the Registrar’s Terms and Conditions;
  3. The label is not already under DPML Block;
  4. The Domain Name Label in the SMD File either:
    1. exactly matches the applied-for block, or
    2. is contained in the applied-for block (e.g., if the Domain Name Label “sample” is in the SMD File, a DPML Block may be applied for any of the following labels: “sample”, “musicsample”, “samplesale”, or “thesampletest”);
  5. The DPML Registrar holds sufficient funds and is in good standing with Donuts; and
  6. The DPML Applicant is sponsored by a DPML Registrar.

DPML Block Requirements

Donuts will not accept a DPML 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:

  1. The label must consist exclusively of the letters A-Z (case insensitive), the numbers 0-9, and hyphens;
  2. The label may not begin or end with a hyphen;
  3. For DPML Blocks in IDNs, the label must be in the character scripts (languages) Donuts offers and supports as specified on the Donuts Website;
  4. The label 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;
  5. The label does not exceed 63 characters; and
  6. The label must be based on a Domain Name Label contained in an SMD File that is made up of at least three characters.

Processing DPML Block Requests

Donuts may not process a DPML 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).

DPML Block Exceptions

DPML Blocks will not apply to TLDs where the relevant label:

  1. Is a Reserved Domain Name;
  2. Was Registered prior to the DPML Block; or
  3. Is a Premium Name.

DPML Block Behavior

DPML Blocks:

  1. May be published in the Whois database and provide information about the DPML Block holder;
  2. Will not result in a Domain Name that resolves on the public Internet;
  3. May be subject to periodic review by Donuts to verify that the applicable TMCH entry remains valid;
  4. Will be applied, at no additional cost, to SLDs that were not available at the time of a DPML Block, but that later change to Available SLDs;
  5. Will be applied, at no additional cost, to Domain Names that no longer are categorized as Reserved Domain Names;
  6. Will be applied, at no additional cost, to certain TLDs that become owned and operated by Donuts;
  7. May cease to be applied to TLDs that no longer are owned and operated by Donuts; and
  8. Are subject to Overrides as set forth below.

Please note : Donuts may, but is not obligated to, revoke all or part of a DPML Block if the underlying TMCH entry for the SMD File is no longer valid.

DPML Overrides

An applicant for Registration of a Domain Name may override a DPML Block where such applicant holds an SMD File containing a Domain Name Label that exactly matches the label under a DPML Block.   This process is known as an “Override.”

Representations and Warranties

By submitting a DPML Application, or when modifying any DPML Block, DPML Applicants or DPML Block holders, as the case may be, expressly acknowledge and accept that:

  1. The DPML Application or DPML 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;
  2. It shall participate in good faith in any dispute proceedings commenced by or against the DPML Applicant or DPML Block holder; and
  3. The DPML Applicant or DPML Block holder accepts and will abide by the Donuts Policies available on the Donuts Website.

Donuts’ Rights regarding DPML Applications

By submitting a DPML Application, DPML Applicants and DPML Block holders expressly acknowledge and accept, that Donuts shall be entitled but not obliged to reject a DPML Block, or to delete, revoke, cancel or transfer a DPML Block:

  1. To enforce Donuts Policies and ICANN Requirements, each as amended from time to time;
  2. 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;
  3. To protect the integrity and stability of the SRS or the operation or management of the Registries owned and operated by Donuts;
  4. 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
  5. 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;
  6. To correct mistakes made by Donuts or any DPML Registrar in connection with a DPML Block;
  7. If Donuts receives notice that the SMD File is under dispute; or
  8. As otherwise provided in the Registrar Terms and Conditions and the Registry-Registrar Agreements, or the Registry Agreements governing the Registries.

DPML Block Period

Each DPML Application or DPML Block renewal incurs a non-refundable one-time fee based on the requested duration of the DPML Block, which must be between five (5) and ten (10) years.  Unless otherwise terminated or subject to an Override, DPML Blocks expire on the same day of the month within which the DPML Block was created unless it was created on February 29, in which asset it will expire on March 1.  DPML Blocks may be renewed in annual increments from one (1) to ten (10) years with a maximum DPML Block period of ten (10) years.

Notification

By submitting a DPML Application, DPML Applicants agree that Donuts and its agents are authorized to share information relating to DPML Applicants and their DPML Applications.

By proceeding with a DPML Block, DPML Applicants acknowledge and recognize that third parties may hold competing intellectual property rights that qualify them to obtain SMD Files from the TMCH that contain the identical Domain Name Label subject to the DPML Block.

It is not Donuts’ obligation to notify a DPML Block holder in advance of the termination or expiration (for any reason) of a DPML Block.  Donuts shall be entitled but not obligated to immediately suspend or cancel any DPML Block that is in breach of the Donuts Policies or any other applicable law or regulation.

Payment

Payment can only be made via a DPML Registrar.  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 Block concerned.

Reserved Domain Names

Domain Names reserved by a Donuts Registry are not affected by DPML.  Registries may reserve Domain Names, including those subject to DPML Block, including, without limitation, Domain Names:

  1. Reserved for operations and other purposes, including without limitation certain Premium Names, which Donuts may change from time to time;
  2. Reserved or restricted to comply with applicable ICANN Requirements or Donuts Policies, including those reserved for certain third parties;
  3. Still pending, in process, or otherwise not available, such as Domain Names that are still pending processing of Sunrise Registration; or
  4. That are already under Registration or subject to an active DPML Block, unless an exception applies (e.g., Override).

Preventing Abuse

Donuts reserves the right to review Whois records and verify contact information of DPML Block holders.

By submitting a DPML Application, DPML Applicants agree to abide by the Donuts Policies, including, without limitation, the Donuts AUP, Whois Policy, Searchable Whois Policy, SDRP, and Privacy Policy, each available on the Donuts Website.

DPML Applicants or DPML 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.

Amendments

Donuts may, in its discretion, amend the terms that govern DPML from time to time, which amendments will take effect at the time they are published on the Donuts Website.  Donuts may furthermore issue interpretative guidelines on the Donuts Website regarding DPML.

Disputes

Disputes regarding DPML are governed by the dispute resolution procedures set forth in the Sunrise and DPML dispute resolution policy ("SDRP") located on the Donuts Website.

Defined Terms

  1. AUP means the Registry’s policy regarding acceptable use and anti-abuse of its Services, as may be amended from time to time, located at the Registry Website.
  2. Available SLDs are SLDs that have not been blocked, reserved, registered, awarded, or otherwise previously allocated by a Registry prior to that receipt of an Application for a DPML Block.
  3. Domain Name means domain name in and maintained by a Registry’s database consisting of at least the SLD and TLD together, separated by a dot (e.g., “second.top”).
  4. Domain Name Label means the TMCH validated term contained in an SMD File upon which the DPML Application is based.
  5. Donuts Policies means the rules, protocols, policies or procedures adopted and/or amended from time to time by Donuts and available on the Donuts Website.
  6. Donuts Website means www.donuts.co or any other URL directed from such website.
  7. DPML Applicant means a natural person, company, or organization submitting a DPML Application.
  8. DPML Application means a complete, technically correct request for a DPML Block made with Donuts submitted by a DPML Registrar.
  9. DPML Block means the block preventing the Registration of a SLD across all Donuts TLDs pursuant to these guidelines.
  10. DPML Block Request is a request submitted by a DPML Registrar on behalf of an Applicant who desires to block from registration names contained within the SMD File.
  11. ICANN means the Internet Corporation for Assigned Names and Numbers.
  12. ICANN Requirements means all applicable ICANN policies, including the Registry Agreement.
  13. IDN means Internationalized Domain Name.
  14. Premium Name is a Domain Name designated by a Registry, in its sole discretion, for non-standard pricing.
  15. Registrar means a Domain Name registrar that is (i) accredited by ICANN and (ii) has entered into a Registry-Registrar Agreement with a Registry.
  16. Registration means a Domain Name and its associated information (e.g., Whois data) submitted by a Registrar that has been accepted by a Registry.
  17. Registry means a TLD name registry owned and operated by Donuts or its affiliate.
  18. Registry Agreement means the Registry Agreement between a Registry and ICANN for the operation of a TLD, as amended from time to time, and as posted on the ICANN website.
  19. Registry-Registrar Agreement is the agreement between a Registry and certain Registrars, as amended from time to time.
  20. Reserved Domain Name means a Domain Name that has been set aside by a Registry pursuant to the terms and conditions of such Registry.
  21. RFC means the Request For Comment specifications located at www.ietf.org.
  22. SLD means second level domain, representing the String to the left of the dot preceding the TLD (e.g., in the Domain Name “second.top”, “second” is the SLD).
  23. SMD File is the file issued by the TMCH evidencing that the TMCH application data for one or more TMCH-eligible terms (typically a trademark) have been successfully validated and entered into the TMCH database.
  24. SRS means the shared registration system, a system of computers, networking equipment, data stores, software services and network connectivity that allows Registrars to provision objects for the purpose of applying for, registering, modifying and maintaining Registrations and allows DPML Registrars to provision objects to apply for, register, modify and maintain DPML Blocks.
  25. String means a series of alphanumeric characters, including dashes when not preceding or finishing the alphanumeric character set.  For purposes of clarity only, this includes Punycode conversions of IDNs.
  26. Sunrise means the period of time during which holders of SMD Files may submit Sunrise applications.
  27. Sunrise Registration means a Domain Name Registration resulting from an approved Sunrise application.
  28. TMCH means the Trademark Clearinghouse, which is the mechanism made available for the validation and database management of rights protected terms, typically trademarks.
  29. TMCH Guidelines means the then effective guidelines found at http://www.trademark-clearinghouse.com.
  30. TLD means top-level domain, representing the String to the right of the dot (e.g., in the Domain Name “second.top”, “.top” is the TLD).
  31. Whois means the publicly available and transaction-oriented query/response protocol specified by RFC 3912 used to provide identifying information regarding registrants on the Internet. 

Please note: ICANN has also provided an industry acronym helper found at: http://gnso.icann.org/en/acronyms.html

This DPML Overview is a generalized summary of the terms and conditions of this service
and does not form a binding contract between Donuts and the reader.