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

[cyrilchua@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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----- 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
> 1192 Haight Street, San Francisco, CA  94117  USA
> p: +1-415-553-6261    f: +1-415-462-6451
> w: http://www.ipjustice.org     e: robin@xxxxxxxxxxxxx