[council] RyC Confusingly Similar Statement

Gomes, Chuck cgomes at verisign.com
Fri Apr 18 00:07:38 UTC 2008

Please accept my apologies for taking so long to respond to this.
Besides being spread really thin while I was on jury duty for three
weeks, I also needed to consult with RyC members to ensure that any
response I gave was consistent with constituency views.  I did the
latter yesterday in our regular biweekly meeting.
First of all it is important to emphasize that the main thrust of the
RyC statement regarding the 'confusingly similar' new gTLD
recommendation is that user confusion should be avoided.  Also, it is
critical to recognize that the statement is a constituency statement,
not a VeriSign statement. I certainly participated in the development of
the statement but it was truly written and ultimately approved by the
full constituency.  
Regarding 'confusing strings' (using the latest term used by ICANN staff
in their implementation work), if you read all of the information in the
New gTLD Recommendations submitted to the Board, it is clear that
confusion of strings could come from anyone of the three types of
similarity that you cited ('looks like', 'sounds like' or 'the same as')
and maybe other types as well.  I think we have to be very careful to
over-generalize in that regard because each script is different and each
ASCII gTLD is different; there are many variables that come into play.
If it was as simple as establishing precise rules, we might not even
need a dispute process. The fundamental question that will have to be
asked and answered in each case is whether or not a string creates
confusion, regardless of what type of confusion is involved.
The RyC is not taking a position that we should be automatically granted
all string variations of our gTLDs.  To be honest, we would love that,
and if the community wants to go that route, the RyC will support it,
but we suspect that that is unrealistic.  We accept the fact that we
will have to apply for any IDN versions that we want.  And we also
expect to be able to challenge any applications for strings that we
believe are confusing with strings we already have.  I firmly believe
that this is fully consistent with the New gTLD recommendations.
May others apply for ASCII or IDN versions that are similar to the gTLD
strings we currently support or support in the future?  Yes, but, if we
believe it creates confusion, they should anticipate a dispute. At that
point it will be up to the dispute panel to decide whether there is
string confusion based on whatever criteria is finally established in
that regard.
Regarding your request for examples, we gave at least one example in our
paper.  I am going to leave it at that.


From: Adrian Kinderis [mailto:adrian at ausregistry.com.au] 
Sent: Thursday, April 10, 2008 11:53 AM
To: Gomes, Chuck; Council GNSO
Cc: Maher, David
Subject: RE: [council] RyC Confusingly Similar Statement



Thanks for posting this.


Just so I am clear.


"RyC believes that a key means of avoiding this problem is to allow all
manifestations of a given top level domain to be managed by a single
entity.  This simple solution will also address the second issue: ensure
that each TLD name always means the same thing."


Which one(s) of the following is therefore true in the further
explanation you (the RyC) have provided;


a.       No one, other than Verisign, could have a TLD (ascii or IDN)
that looks like .com

b.      No one , other than Verisign, could have a TLD (ascii or IDN)
that sounds like .com

c.       No one, other than Versign, could have a TLD (ascii ot IDN)
that means the same as .com


I think examples will help explain the RyC paper.


Thanks and see you later today (?)


Adrian Kinderis
Managing Director

AusRegistry Group Pty Ltd
Level 8, 10 Queens Road
Melbourne. Victoria Australia. 3004
Ph: +61 3 9866 3710
Fax: +61 3 9866 1970
Email: adrian at ausregistry.com <mailto:adrian at ausregistry.com> 
Web: www.ausregistrygroup.com <http://www.ausregistryinternational.com/>


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From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org]
On Behalf Of Gomes, Chuck
Sent: Thursday, 10 April 2008 7:31 AM
To: Council GNSO
Cc: David W. Maher
Subject: [council] RyC Confusingly Similar Statement


Here's a statement developed by the RyC regarding New gTLD
Recommendation 2, hopefully providing some new thoughts in that regard.



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