This was one of the arguments offered by Donuts/Foggy Beach LLC and rejected by the panelist (send in the lifeguard):

 

The Applicant argues that the addition of one letter to a short word such as "game with that letter located on a

different row on a typewriter keyboard does not equal visual similarity. I do not find this to be a persuasive

argument.

 

From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of J. Scott Evans
Sent: Friday, October 04, 2013 5:24 PM
To: psc@vlaw-dc.com; bc-gnso@icann.org
Subject: RE: [bc-gnso] {String similarity decision -- 5e2cea81-3212-45ed-b422-8e47a2b5364e}_50_504_T_00243_13_determination.pdf

 

That applicants are having to file objections on this type of issue shows how the evaluation systems is broken. This decision is right on.

J. Scott

Sent from Yahoo! Mail for iPhone

 


From: Phil Corwin <psc@vlaw-dc.com>;
To: bc-gnso@icann.org <bc-gnso@icann.org>;
Subject: [bc-gnso] {String similarity decision -- 5e2cea81-3212-45ed-b422-8e47a2b5364e}_50_504_T_00243_13_determination.pdf
Sent: Fri, Oct 4, 2013 9:14:24 PM

 

Google has prevailed in its string similarity objection against Donuts' .games...

http://images.go.adr.org/Web/AmericanArbitrationAssociation/%7B5e2cea81-3212-45ed-b422-8e47a2b5364e%7D_50_504_T_00243_13_determination.pdf?utm_content=buffer63fb1&utm_source=buffer&utm_medium=twitter&utm_campaign=Buffer