Re: [council] Response to ccNSO/GAC Issues report
I agree with Chuck. Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation. ------------------------- Sent from my Wireless Handheld ----- Original Message ----- From: owner-council@gnso.icann.org <owner-council@gnso.icann.org> To: Council GNSO <council@gnso.icann.org> Sent: Tue Feb 12 07:11:02 2008 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@gnso.icann.org [mailto:owner-council@gnso.icann.org ] 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@ipjustice.org
Unsurprisingly, I agree with Chuck and Kristina. -----Original Message----- From: "Rosette, Kristina" <krosette@cov.com> Date: Tue, 12 Feb 2008 07:15:20 To:<avri@psg.com>, <council@gnso.icann.org> Subject: Re: [council] Response to ccNSO/GAC Issues report I agree with Chuck. Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation. ------------------------- Sent from my Wireless Handheld ----- Original Message ----- From: owner-council@gnso.icann.org <owner-council@gnso.icann.org> To: Council GNSO <council@gnso.icann.org> Sent: Tue Feb 12 07:11:02 2008 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@gnso.icann.org [mailto:owner-council@gnso.icann.org ] 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@ipjustice.org
participants (2)
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Mike Rodenbaugh
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Rosette, Kristina