[Tmch-iag] N5 Comments

Tom Barrett tbarrett at encirca.com
Tue Mar 6 19:43:28 UTC 2012


Dear IAG:
 
ICANN IAG: N5: Matching Rules
 

Issue 1: Applying the Identical Match rules
 
1. Regarding rule "B" of matching rules:
 
I suggest that the transcription of the special characters "@" and "&" be
based on the language of the trademark itself, rather than the intended
language for the domain name or national language of the jurisdiction.
 
I furthermore suggest that the language of the trademark be collected from
the trademark owner during the initial application to the clearinghouse.   
 
Trademark owners could also indicate at the time of submission to the
clearinghouse what their intended spelling should be for the special
characters "@" and "&".
 
I find it unusual that these  are the only two special characters  that  are
afforded the special treatment for trademark owners.  There are other
special characters, such as "+"  and "*"  that also deserve such treatment.

 
Are Registries allowed to augment this rule if they wish by allowing
additional special characters to be spelled out? 
 

Issue 2: Registry Character Mappings
 
I  recommend the approach where the clearinghouse is responsible for
providing the mapping rules  for  each TLD.  This will help ensure
consistency across TLDs for matching during sunrise and claims periods.
 
Allowing registries to perform this step may require distribution of data,
which has previously been considered as undesirable.
 
I also recommend that where variant characters exist for certain languages,
that ICANN encourage Registries follow a universal standard rather than
develop their own unique approach.
 
Is the issue of variants for IDN's only?  Or can Registries develop
additional transcription rules for "variants" including special characters,
numbers, etc.
 
Best regards,
 
Tom Barrett
President
EnCirca
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