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Re: [council] Response to ccNSO/GAC Issues report

  • To: "Avri Doria" <avri@xxxxxxx>, "Council GNSO" <council@xxxxxxxxxxxxxx>
  • Subject: Re: [council] Response to ccNSO/GAC Issues report
  • From: cyrilchua@xxxxxxxxxxxxxx
  • Date: Tue, 12 Feb 2008 20:20:50 +0800
  • Importance: Normal
  • List-id: council@xxxxxxxxxxxxxx
  • Sender: owner-council@xxxxxxxxxxxxxx


Hi Avri

We need to maintain the consistency because we do not want similar factual 
disputes having different outcomes in gTLD and ccTLD.
Kind regards,
Cyril Chua
Partner
IP & Technology Group
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Alban Tay Mahtani & de Silva LLP
39 Robinson Road #07-01, Robinson Point, Singapore 068911
Tel: (65) 6534 5266 / Fax: (65) 6223 8762 / DID: (65) 6428 9812 http://www.atmdlaw.com.sg
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----- Original Message -----
From: Avri Doria [avri@xxxxxxx]
Sent: 02/12/2008 05:41 PM ZE5B
To: Council GNSO <council@xxxxxxxxxxxxxx>
Subject: Re: [council] Response to ccNSO/GAC Issues report




Hi,

While it would be inconsistent with the new gTLD policy recommendations, I don't know if there is a necessity for consistency in this case as we are dealing with ccTLDs not gTLDs and we are dealing with significant expressions of a countries name or identity. So the conditions might be different.

In terms of the statement I am not sure I know what Technical confusion is any more then I really understood what confusingly similar was. Are we saying it should not be visually or homographically similar,? I also wonder if there is another problem in this one. The name of a country in various representations will be similar to the name of the country in another representation - but in a sense that seems appropriate and not a problem.

a.

On 12 Feb 2008, at 16:28, Gomes, Chuck wrote:

That would be inconsistent with the recommendations made for new gTLDs. We can't go back now and change what we already did.

Chuck

From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx ] On Behalf Of Robin Gross
Sent: Tuesday, February 12, 2008 5:53 AM
To: Avri Doria
Cc: Council GNSO
Subject: Re: [council] Response to ccNSO/GAC Issues report

How about:
    "Strings that cause technical confusion should be avoided."

Thanks,
Robin


On Feb 12, 2008, at 1:43 AM, Avri Doria wrote:



On 12 Feb 2008, at 14:29, Robin Gross wrote:


**** THEREFORE, I propose that we amend our statement, so that only "technical confusion" is the type of confusion that we deal with. Otherwise, not only are we in contrast with legal norms, we are also outside the scope of ICANN's authority.


Can you suggest the exact wording change you are proposing?

As with other suggested changes, I believe we can make if there are no objections. On the other hand, if there are objections, we may need to vote on this amendment before voting on the response itself.

thanks

a.





IP JUSTICE
Robin Gross, Executive Director
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