New gTLD Comments by Alexei Sozonov, Regtime Ltd.
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 _________________________________________________ 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