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

[Anne ICANN]

So I'm thinking that this actually comes out of the Affirmation of a 2007
policy that is contained in 24.1 of the Sub Pro Final Report stating that a
string that is similar to a pre-existing string cannot proceed.  But then
the exception for officially designated variants applied for by the "same
entity" must have come out of the IDN work in EPDP Phase 1?

So it appears that the question of an application for a similar string by
the "same entity" that operates the pre-existing similar string has not
been specifically addressed in policy work.

Anne

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


On Tue, May 21, 2024 at 2:59 PM Anne ICANN <anneicanngnso at gmail.com> wrote:

> 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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