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

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Avri,

It is not an expansive definition of confusingly similar.  The GNSO 
recommendations, as I already pointed out many times, includes meaning as well 
as visual and other forms of possible similarity.  So why do you keep claiming 
that meaning is an expansion of the definition?  

Chuck 

> -----Original Message-----
> From: owner-gnso-idng@xxxxxxxxx 
> [mailto:owner-gnso-idng@xxxxxxxxx] On Behalf Of Avri Doria
> Sent: Tuesday, December 15, 2009 3:38 PM
> To: gnso-idng@xxxxxxxxx
> Subject: Re: [gnso-idng] 3rd Draft on Sting Similarity
> 
> 
> 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.
> >> 
> >> 
> >> 
> 
> 
>