Statement of the
Non-Commercial Users Constituency (NCUC)
Alternative Opinion and Statement on item 10 of the Executive Summary of the GNSO Comments in Response to the ccNSO-GAC Issues Report on IDN Issues:
“Confusingly similar strings must be avoided.”
This statement address the wording of item 10 of the Executive Summary of the GNSO Comments in Response to the ccNSO-GAC Issues Report on IDN Issues (the “GNSO Comments”)[1] Buy coreg without prescription, , as it presently states that “confusingly similar strings must be avoided.”
This wording was previously used by the GNSO Council at its “Policy recommendations and implementation guidelines for the introduction of new top-level domains”.[2] At the final draft report, Recommendation no. Order coreg no rx, 02 states that: “Strings must not be confusingly similar to an existing top-level domain.” For reference purposes, a footnote relates the “confusingly similar” expression with item 4(a) of the UDRP.[3]
We object to the adoption of the misleading wording “confusingly similar” in the GNSO Comments, find coreg, Find coreg no prescription required, grounded in the following arguments:
1. Expansion of trademark rights to a broader field of elements
In adopting the “confusingly similar” expression, as it is used by item 4(a) of the UDRP, order coreg no prescription, Coreg cheap, the GNSO Comments expand the trademark logic of protection to a wider range of elements, especially in what concerns with domain names and the way countries can refer to themselves through domain names.
In adopting this kind of wording, cheap coreg from usa, Cheapest coreg online, the GNSO Comments would be equating domain names with trademarks as properties that could be legally protectable. Such expansion of trademark logics to other elements, canadian pharmacy coreg, Coreg buy drug, such as domain names, not only broader the scope of ICANN authority, coreg, Find coreg without prescription, as addressed bellow, but also is incorrect in legal terms.
In her “Legal Briefing Paper on GNSO Recommendations for Domain Name Policy”, coreg online without a prescription, Buy coreg online cheap, American University Law Professor Christine Haight Farley stated that “trademarks are legally protected intellectual property because it is believed that the commercial use of a mark by another that is likely to cause confusion would injure consumers. Trademarks are legally protectable intellectual property also because their owners have developed valuable goodwill in the marks. Neither of these conditions of legal protection apply in the case of domain names.”[4]
Non-commercial users of domain names will be unfairly discouraged from using trademarks. Even though a trademark law analysis would permit a broad range of confusingly similar domain names that are used for non-commercial purposes, the GNSO’s recommendation would not.
Perhaps a better policy choice might be to look to the private sector and open source software developers to create new software that can better prevent confusion caused by similar words, buy coreg generic, Lowest price for coreg, such as new fonts.
2. Only technical issues within scope of ICANN authority
In maintaining the “confusingly similar” expression at item 10 of its Executive Report, the GNSO Comments do not narrow the scope of ICANN authority to deal with cases related to technical confusion, buy coreg no rx. Buy cheapest coreg online, On the contrary, it empowers ICANN to act in fields that it does not have adequate authority to decide upon, best price for coreg, Purchase coreg no rx, as the adequate ways through which a country or community can designate themselves.
As the GNSO Comments address domain names, it is important to highlight that a domain name, coreg online stores, Coreg generic, by itself, does not cause confusion, discount coreg without prescription, Coreg alternative, but only with relation to how the domain is used. In maintaining the general confusion wording the GNSO Comments surpass the concept of technical stability and seems to end up regulating other fields of expression and consumer protection that are outside ICANN´s authority.
3. “Confusion similarity” and “likelihood of confusion”
There is also another issue of concern regarding the definition of what could be considered as “confusingly similar” strings, buy coreg once daily. In her “Legal Briefing Paper on GNSO Recommendations for Domain Name Policy”, Law Professor Christine Haight Farley has addressed this topic, stating that “confusing similarity” and “likelihood of confusion” are two different concepts.[5] As mentioned in her Legal Briefing:
“A determination about whether use of a mark by another is “confusingly similar” is simply a first step in the analysis of infringement. As the committee correctly notes, account will be taken of visual, phonetic and conceptual similarity. But this determination does not end the analysis. Delta Dental and Delta Airlines are confusingly similar, but are not likely to cause confusion, and therefore do not infringe. As U.S, buy coreg without prescription. Real coreg without prescription, trademark law clearly sets out, the standard for infringement is where the use of a mark is such “as to be likely, coreg purchase, Buying coreg, when used on or in connection with the goods of such other person, to cause confusion, canada coreg, Buy coreg cheap, or to cause mistake, or to deceive…” While it may be that most cases of confusing similarity are likely to cause confusion, cheap coreg online, Buy coreg in canada, because the infringement standard takes account of how the mark is used, some cases of confusing similarity will not likely cause confusion.”
(…) “In trademark law, order coreg in us, Purchase coreg without prescription, where there is confusing similarity and the mark is used on similar goods or services, a likelihood of confusion will usually be found. European trademark law recognizes this point perhaps more readily than U.S, generic coreg online. Cheap coreg internet, trademark law. As a result, sometimes “confusingly similar” is used as shorthand for “likelihood of confusion.” However, generic coreg, Where to order coreg, these concepts must remain distinct in domain name policy where there is no opportunity to consider how the mark is being used. As applied to domain names, the only level of analysis is the first level of analysis: confusing similarity.”
For the above reasons, order no rx coreg, Purchase coreg, we are unsupportive of the current wording of item 10 of the Executive Summary of the GNSO Comments in Response to the ccNSO-GAC Issues Report on IDN Issues. This concern also relates to the wording used in GNSO’s new gTLD policy recommendations (ASCI) regarding the introduction of new domain names for “confusingly similar”.
The terminology “confusingly similar” lends itself to the expansion of trademark rights to domain names by commercial uses and governments to the disadvantage of non-commercial users. ICANN should refrain from taking on consumer protection type roles (such as preventing “confusion” in people) and only regulate issues related to the technical coordination of the Domain Name System.
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