[SubPro-IRT] Awarding of Similar Strings to Same Entity operating prior TLD - Topic 24

[Anne ICANN]

Lars and Elisa,

Regarding the section of the draft AGB shown below from Topic 24, could you
please point me to the specific policy Recommendation that results in the
conclusion that the only exception to the String Similarity ban on a
subsequent application proceeding for a similar string is the Same Entity
and RZ-LGR classified Variant determination?  In other words, which PDP
Policy Recommendation states that a similar string applied for by the same
entity prior holder may not proceed unless the newly-applied for similar
string is listed as an RZ-LGR variant?

Was it formally deliberated on and determined in policy work that a similar
string should not be awarded to the same entity operating a
previously-awarded TLD unless the new similar string is a "variant"?

Or are we saying that this question of a new application for a similar
string to a previously-awarded TLD made by the "same entity" has not, in
fact, been directly deliberated and addressed in policy work?  (As you can
imagine, this relates to the GNSO Council's recent request for an Issues
Report in relation to the diacritics issues.)

The AGB draft language re the only exception appears below.

Thank you,
Anne

1.4.1.
Strings Similar With Existing gTLDs or their Variant
Strings
If any applied-for gTLD string or any of its variant strings is found to be
Similar to any of the existing gTLDs or any of their variant strings, the
gTLD application will not be able to proceed. *The exception is when the
applied-for gTLD string is part of the same variant-strings-set as the
existing gTLD it was found *
*Similar to, and the applicant is the same registry operator, then the
application can proceed with evaluation (as a variant gTLD). *


Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
anneicanngnso at gmail.com
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