Re: [gnso-idng] 3rd Draft on Sting Similarity

[Avri Doria <avri@xxxxxxx>]

Hi,

Yes, I know you used examples that Eric had previously included, but the more I 
thought about it the more uncomfortable I felt in using an example that relied 
on what I consider an expansive definition of confusingly similar.  Hence my 
request that if we included examples, they be ones of the visually confusingly 
similar type - a type I was trying to call the LCD type - but that itself ended 
up confusing.

a.



On 15 Dec 2009, at 20:40, Gomes, Chuck wrote:

> Avri,
> 
> I did not rewrite those examples; I simply made nonmaterial edits.  At the 
> same time, I do support leaving the examples because I think they go a long 
> ways toward explaining our point.  But, like I said, I am fine with adding 
> other examples in addition to meaning examples.
> 
> Chuck 
> 
>> -----Original Message-----
>> From: owner-gnso-idng@xxxxxxxxx 
>> [mailto:owner-gnso-idng@xxxxxxxxx] On Behalf Of Avri Doria
>> Sent: Tuesday, December 15, 2009 12:50 PM
>> To: gnso-idng@xxxxxxxxx
>> Subject: Re: [gnso-idng] 3rd Draft on Sting Similarity
>> 
>> 
>> 
>> On 15 Dec 2009, at 15:23, Gomes, Chuck wrote:
>> 
>>> What in my rewrite assumes that translation is the primary 
>> cause for 'confusingly similar'? 
>> 
>> 
>> the example of "duck soup" and "鸭汤" (yā tāng)  is a meaning 
>> based example (assuming '鸭汤' refers to the same thing as 
>> 'duck soup' and not "fooled you with a silly example")
>> 
>> as i expect are: 
>> 
>>> .arab and an Arabic version of the same; 2) The DotAsia 
>> Registry would 
>>> not be allowed to  offer a Chinese version of .asia;
>> 
>> since they could not be consider beneficially similar if they 
>> weren't also considered confusingly similar, but the 
>> confusing similarity would then be based on having the same meaning.
>> 
>> assuming that they are not simalar based on meaning would 
>> indicate that they could be applied for without any problem.
>> 
>> this is omitting the fact that because they are geographical 
>> they have other issues attached to them - the geographical  issues.
>> 
>> a.
>> 
>> 
>>