New gTLD Comments by Alexei Sozonov, Regtime Ltd.

["Alexei Sozonov" <sozon@xxxxxxxxx>]

Comments on New gTLD Applicant Guidebook Version 2

Submitted By: Alexei Sozonov, Company: Regtime Ltd.
Company URL: http://www.regtime.net Date: April 8, 2009
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3.3.4 Selection of Expert Panels: In the case of expertize of  IDN TLDs, 
credible expert for this language/script from 
this linguistic community should be appointed.

3.3.5 To insure the fairness of disputes, it must be a possibility of having 
objections in multiple instances with a track of record.

3.4.1 String Confusion Objection: This is really important. Community might be 
curious to know how "phonetic or aural or sound" similarity or "meaning" 
similarity appears in current document. As stated in GNSO IDN Working Group 
report that ONLY VISUAL SIMILARITY could lead to string confusion. 
It's not considering "phonetic or aural or sound" similarity or "meaning" 
similarity to lead to string confusion. GNSO IDN Working Group have not rised 
this"phonetic or aural or sound" similarity or "meaning" similarity as relevant 
issue, and in this case and we had strong consensus on it (i personally was 
part of this GNSO IDN Working Group). This very view was asked and strongly 
confirmed  by the ccNSO chairs, gNSO rep. and senior ICANN rep. publicly and 
minuted in different ICANN meetings. 

3.4.2 Legal Rights Objection: It states that in case if  applied-for gTLD  
"similar, in appearance, sound and meaning to objector's existing mark" - 
thus it is reason for objection. The Guidebook should  be particular and 
indicate that if a party is already objecting on its rights is violated because 
of string confusion objection with an existing TLD , then it is not eligible to 
consider this existing gTLD as a "existing mark" and file the Legal Rights 
Objection. Thus all existing TLD registry can object via the String confusion 
mechanism solely, but not the Legal Rights mechanism, in that case existing 
TLDs  are not considered as "existing marks" for ICANN objection purposes.


Respectfully,

Alexei Sozonov

_______________________________________________
a.sozonov / vp regtime ltd / sozon@xxxxxxxxx / 1.604.7739204