Comments on Module 2 - confusingly similar

[Yoav Keren <yoav@xxxxxxxx>]

The following are my comments on Section 2.2.1.1.3, module 2 of the New gTLD 
Applicant Guidebook - Final Version:

This section states that an objector can claim for confusion based on visual, 
aural and similarity of meaning.

The meaning of this statement is that in the case of IDNs an incumbent ASCII 
registry will be practically entitled to have or block all TLDs equivalent in 
meaning or sound to the current ASCII TLD, and in all languages.

The first ICANN IDN committee - the Katho IDN committee, concluded against 
automatically delegating IDN TLDs equivalent to current gTLDs to the incumbent 
registries.

The GNSO IDN WG that published its conclusions more than three years ago 
discussed this issue and have conclude in a consensus that only visual 
similarity will lead to actual user confusion, and recommended to limit 
similarity to visual. This was in order to abstain from granting current 
registries an unjustifiable right to have equivalent TLDs in all languages, and 
by that either prevent the introduction of many IDN gTLDs or concentrate 
important IDN gTLDs in the hands of mainly western non-IDN community based 
companies.

These views have been supported by many members of the community and by ICANN 
officials in different cases.

If phonetic and meaning similarities are to be considered this would mean that 
a current gTLD registry that is based on a GENERIC word, is granted the right 
for that word and concept in all languages and all scripts. This is not only 
unjustifiable from a cultural and a social point of view, it is not clear 
whether this is even legal - having a party get the rights for the equivalents 
of a generic word and all its equivalents in meaning or sound - in all 
languages and all countries.

Moreover, since hundreds of new ASCII gTLDs are expected to be applied for, 
this will mean that many additional gTLD concepts will be blocked from the IDN 
community once granted as a new ASCII gTLD.

Thus, the similarity should be limited to 'visual'. 'Aural and meaning 
similarity' should be removed.

Regards,


Yoav Keren
CEO
Domain The Net Technologies Ltd.
81 Sokolov st.         Tel: +972-3-7600500
Ramat Hasharon     Fax: +972-3-7600505
Israel 47238
[cid:image001.jpg@01CC13C1.F1ACA0A0]




************************************************************************************
This footnote confirms that this email message has been scanned by
PineApp Mail-SeCure for the presence of malicious code, vandals & computer 
viruses.
************************************************************************************