[Gnso-newgtld-wg-wt3] Gnso-newgtld-wg-wt3 Digest, Vol 6, Issue 4

Karen Bernstein kjb at bernsteinip.com
Mon Feb 20 23:24:15 UTC 2017


Hi Folks,

For tomorrow’s meeting on WT3, I’d like to share with you my experience with the string confusion contention set I was involved with.  

I represented the Government of Montenegro (which provides the .Me ccTLD) against Google’s proposed gTLD for .Meme in a string confusion contention set.

A clueless panelist was appointed who was an admiralty lawyer from British Columbia.  Very obscure.

He also made his own conclusions that if the proposed gTLD were to be delegated it would not be confusing because he “thought so,” despite reputable external evidence that there might be collision problems and customer confusion.  Should my client have to hire a linguist to prove the point?  Apparently, ICANN’s linguists didn’t see a problem with it.  Perhaps we can talk about whether it makes sense to include an ICANN-appointed panelist for future string confusion contentions.

Looking forward to the call tomorrow!

Very truly yours,


Karen J. Bernstein

Bernstein IP
200 Park Avenue, Suite 1700
New York, NY 10166
Tel: (212) 339-9955
Fax: (212) 682-0278
E-Mail: kjb at bernsteinip.com
Web: www.bernsteinip.com
Skype: K.Bernsteinlaw

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> On Feb 17, 2017, at 4:34 PM, gnso-newgtld-wg-wt3-request at icann.org wrote:
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> Today's Topics:
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>   1. Work Track 3: Agenda for 21Feb17 @20:00 UTC (Karen Day)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Fri, 17 Feb 2017 21:34:27 +0000
> From: Karen Day <Karen.Day at sas.com>
> To: "gnso-newgtld-wg-wt3 at icann.org" <gnso-newgtld-wg-wt3 at icann.org>
> Subject: [Gnso-newgtld-wg-wt3] Work Track 3: Agenda for 21Feb17 @20:00
> 	UTC
> Message-ID: <681f95e2119e424fa8c2b371f4dd8b6f at MERCMBX34D.na.SAS.com>
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> 
> Hi Everyone,
> 
> Hope you have all had a good week and that those of you who attended NCPH Intersessional had safe travels ?there and back again?.
> 
> We will have our next WT3 call this coming Tuesday, Feb 21st  at 20:00 UTC.  The main focus of our time this week will be Confusing Similarity Objections and String Similarity Evaluations as these two topics are quite often intermingled.  I have attached the agenda here for your review.
> 
> In addition to the applicable sections of the Final Issue Report and AGB shown in the agenda, here are a few more links to some background documents you may wish to review prior to the call.
> 
> ?         https://www.icann.org/public-comments/sco-framework-principles-2014-02-11-en
> 
> ?         http://newgtlds.icann.org/en/program-status/odr/proposed-sco-framework-principles-11feb14-en.pdf
> 
> ?         https://www.icann.org/news/public-comment/report-comments-sco-framework-principles-24apr14-en.pdf
> However, before we jump into these topics, we will take a few minutes to review what we have so far for our CC2 questions.  We are going to need to finalize the WT3 specific questions so that they may be formally presented to the plenary session of the PDP on 27th.  To date we have had virtually no input on these questions from the WT3 membership.  Robin is taking a final pass over what leadership and staff have pulled together thus far, but please do take time to review and comment on them this week.  https://docs.google.com/document/d/1iZBCVEAJPBYEDg7jLsMHKkNczR_b6-jH2Wl5eVH-WWM/edit#heading=h.38j2yb41rjht
> 
> I look forward to talking with you all on the 21st.
> 
> Have a great weekend,
> Karen
> ____________________________
> Karen L. Day, NCCP ACP
> Brand Protection & Registry Operations Manager
> Tel: + 1 919-531-6016 ? Mobile: + 1 919-599-4356 ? karen.day at sas.com
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