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||Thu, October 19, 2000 at 9:58 PM GMT
||Netscape Communicator V4.08 using Windows 95
||Confusion between ".bz" and ".biz"
(1) Failure to grant
either a ".biz" or ".ebiz" TLD to Affinity Internet, Inc. or another applicant could
hardly be considered to be holding up the development of the Internet. The
opposite would actually be the case. For a ".biz" or ".ebiz" TLD to be granted
to Affinity would create confusion among Internet users the moment Affinity would
begin marketing domain names using the ".biz" or ".ebiz" TLD to businesses and continue
indefinitely into the future. Thus, the confusion and direct competition between
two similarly sounding and spelled TLDs would hinder the development of the Internet,
not refusing to grant Affinity a ".biz" or ".ebiz" TLD.|
While Mr. Berent asserts
that no efforts have been made to market the .bz domain name to businesses, his lack
of knowledge of the third party's marketing efforts is not indicative that marketing
has not already been conducted, only that his company has not been approached.
Mr. Berent claims that the sound of ".bz" is most properly pronounced "dot BEE ZEE"
or "dot BEE ZED." His assertion is based on past experience of country code
TLDs that are operated by the particular country to which they are assigned.
For a third party to obtain the rights to Belize's ccTLD of ".bz" for the purpose
of marketing domain names to businesses and then advertize the ".bz" TLD as "dot
BEE ZEE" is absurd and contrary to common sense marketing. If marketing is
to be successful, ".bz" would be advertized as "dot BIZ" and, in fact, such advertizing
has already occurred.
(3) The argument that people would not mistake the
spelling of ".bz" or ".biz" is based on the premise that no advertising would be
conducted to promote ".bz" as "BIZ." This argument, for the reasons already
given section (2) above assumes too much. A contract for the ".bz" TLD is in
place and marketing efforts have already started. Though the marketing has
just begun, it will continue in the future causing the public to associate ".bz"
with the pronunciation "dot BIZ."
(4) As Belize has contracted its registry
operation to a third party, its ability or inability to operate such a registry on
a large scale is irrelevant.
(5) Mr. Berent's likelihood of confusion analysis
is based on two distinctly different points in time and technical sophistication
of the Internet and Internet users. The TLDs for ".com" and ".mil" were already
coexisting with the ccTLDs for Cameroon and Mali when the first versions of the NSCA
Mosaic browsers were being released. In the past few years, ".com" has become
ubiquitous in advertising and people recognize its use and meaning. This year,
".bz" is beginning to be advertized and marketed to businesses as an alternative
TLD to ".com." At this point there is not a competing ".biz" that is being
marketed. If a ".biz" or ".ebiz" TLD is introduced, there will be two similarly
spelled TLDs being concurrently marketed. This would create confusion among
Internet users and the public.
In addition, it would be expected that the marketing
of ".cm" at this point in time as an alternative to ".com" would only result in confusion
and failure as ".com" is so well known and entrenched in the minds of Internet users
and the public. Therefore ".cm" could not be successfully marketed as being
pronounced as "dot COM." As no ".biz" TLD has been yet released or marketed,
".bz" can be successfully marketed as "dot BIZ."
- .biz, etc. Application by Affinity Internet, Inc. Moderator, October 7 @ 10:30 PM (13/43)
- Further Statement in Support of our Application PhilBerent, November 5 @ 11:50 PM (0/0)
- Affinity application jehlers, October 28 @ 5:07 AM (0/0)
- Proposal analysis - Affinity's NAME LOTTERY AND HIGH FEES TLD Facts, October 26 @ 3:13 PM (1/1)
- Affinity App peniel, October 25 @ 10:58 PM (1/1)
- Reply dd5166, October 24 @ 2:44 PM (0/0)
- jandl is right. bizEXISTSalready, October 22 @ 1:07 AM (0/0)
- Support for Affinity Proposal SSattaur, October 21 @ 2:45 PM (0/0)
- .biz and .ebiz A. Kinney, October 19 @ 5:09 PM (1/10)
- Proposition to ICANN, Applicants & Internet Community Pistoff, October 18 @ 5:46 PM (0/0)
- .biz exists already people!!!!!!!!! SayNoToAbacus, October 17 @ 4:03 AM (1/2)
- Why not simply say .BIZ will be a mega corp TLD? jandl, October 16 @ 8:21 PM (1/4)
- application materials page returns "forbidden" error in IE5 jandl, October 14 @ 7:33 PM (0/0)
- Our Application PhilBerent, October 14 @ 1:18 PM (2/12)