New gTLD Auction Rules for Indirect Contentions

[Peter Young <pyoung@xxxxxxxxxxxxxxxxxxx>]

Famous Four Media supports the general principles espoused in the Auction 
Design for Indirect contention.

We reject the principle that a single string confusion judgement should mean 
that indirect contention is decided by the usual auction rules across the 
entire direct and indirect contention set. The Applicant Guidebook was 
perfectly clear at Module 4.1.4 that "where there are both direct and indirect 
contention situations within a set, more than one string may survive the 
resolution."

In essence, the other commentators appear to be requesting that ICANN extend a 
single successful string confusion objection, and apply that against parties 
that did not have the opportunity to present their case against such objection. 
In our view this would be a breach of natural justice. The issue is especially 
acute given that there has been ample opportunity for singular and plural 
strings to be placed into single contention sets outside the objection process, 
and in the case of shop/shopping (and the Japanese equivalent) the string 
confusion decisions were not well received by the community.

We therefore urge ICANN to formalise the process as soon as possible, and we 
thank both ICANN Staff and Power Auctions for their continued hard work in this 
regard.

Peter Young
Famous Four Media