"Unbelievably, they did not consider the singular and plural versions of key words to be confusingly similar." Unbelievable indeed. How about .dumb and .dumber? Meanwhile the leading trademark authority in the United States, Professor Thomas McCarthy, has just filed a statement opposing closed generic gTLDs as being inconsistent with trademark law and its goals -- http://forum.icann.org/lists/comments-closed-generic-05feb13/msg00034.html -- "Trademark law in every country in the world forbids individuals to gain exclusive property rights in generic names of products. One of the primary rationales for this rule is to prevent a single person or company from gaining an unfair competitive advantage in the marketplace. Private ownership of generic language is not consistent with free enterprise and fair competition in an open economy. If ICANN were to approve closed, generic gTLDs, these important goals would be undermined... Transparency and consumer choice are goals of the trademark system of every country in the world. In our view, these values are threatened by closed, generic gTLDs. Indeed, should these types of new gTLDs be approved, consumers may mistakenly believe they are using a gTLD that allows for competition, when in reality the gTLD is closed and the apparently competitive products are being offered by a single entity. This would allow the owner of the generic gTLD to gain exclusive recognition as the provider of a generic service, something that is prohibited by Trademark law." How will that reflect on ICANN and the new gTLD program? Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, March 01, 2013 6:50 PM To: bc - GNSO list Subject: [bc-gnso] Update: Contention sets for new gTLDs Wanted you all to see this. I think it will reflect poorly on ICANN's expansion of TLDs. ICANN hired an international expert panel to scour 1900 new TLD strings and determine which were confusingly similar, so they could be combines in the same contention set. This is to ensure we don't delegate 2 TLD strings that would confuse Internet users because they are too similar. I expected, for example, that the applications received for .hotel and .hotels would be in the same contention set, since it would be confusing for users to have both TLDs out there. (It would increase the cost of defensive registrations, too, since hotels would have to buy domains in both TLDs. ) After several months of careful study, ICANN's experts published their contention sets yesterday. (link<http://www.icann.org/en/news/announcements/announcement-26feb13-en.htm>) They "identified" 230 "exact match contention sets" where multiple applicants sought the exact same string. And they found just 2 "non-exact match contention sets" (unicom and unicorm; hoteis and hotels ) Unbelievably, they did not consider the singular and plural versions of key words to be confusingly similar. This means we will get new TLDs for both the singular and plural versions of keywords such as: ACCOUNTANT ACCOUNTANTS AUTO AUTOS CAR CARS CAREER CAREERS COUPON COUPONS CRUISE CRUISES DEAL DEALS FAN FANS GAME GAMES GIFT GIFTS HOME HOMES HOTEL HOTELS HOTEL HOTELES KID KIDS LOAN LOANS MARKET MARKETS NEW NEWS PET PETS PHOTO PHOTOS REVIEW REVIEWS SPORT SPORTS TOUR TOURS WEB WEBS WORK WORKS What are the implications for applicants? Well, let's take an example. The 2 Applicants for .GIFT just got a huge gift from ICANN when they were not placed in the same contention set as the 2 applicants for .GIFTS One of the 2 .GIFT guys must prevail in their "singular" contention set. They can then proceed to delegation, as they planned. Or they can negotiate to be bought-out by the winning applicant from the plural contention set ( .GIFTS ). In other words, many applicants dodged a bullet by escaping from contention with their singular/plural form competitors. My guess is they want to explore ways to monetize their good fortune. -- Steve DelBianco Executive Director NetChoice http://www.NetChoice.org and http://blog.netchoice.org +1.202.420.7482 ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2013.0.2899 / Virus Database: 2641/6130 - Release Date: 02/25/13