[council] Language suggestions

Rosette, Kristina krosette at cov.com
Thu Jun 10 21:04:52 UTC 2010


Too complicated to say what changed where so here's some suggested
revised language:

This request is seen as urgent because there are conditions under which
it may be appropriate for applicants to request Extended Review for a
string which has been denied further processing based on a finding of
confusing similarity in the Initial Evaluation. This Extended Review
would evaluate extenuating circumstances in the application that may
result in a finding of no detrimental confusion notwithstanding the
Initial Evaluation.  This may occur, inter alia, in cases such as:

* The same Registry Operator (for an existing gTLD or a proposed new
gTLD) could apply for a string that, although similar to an existing or
applied for string, is not detrimentally similar from a user point of
view. For example, it is possible that an applicant could apply for both
a gTLD with a conventional ASCII label and a corresponding
internationalized gTLD (IDN gTLD) that could be found confusingly
similar in the Initial Evaluation, but no result in the detrimental user
confusion that the GNSO recommendation was trying to avoid.

* A situation where there is an agreement between a new applicant
Registry Operator and the Registry Operator of an existing gTLD that
allows for better service for the users in the geographical area where
the new gTLD will be offered. For example, MuseDoma, the Registry
Operator for .museum could enter into an agreement with a new gTLD
applicant to offer an IDN version of .museum for a specific language
community. The two strings might be found confusingly similar in the
Initial Evaluation even though the delegation of both would not cause
detrimental confusion.

We thank you for your prompt attention to this GNSO Council request.
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