[AfrICANN-discuss] Help with .africa history

Neil Dundas neild at dundas.co.za
Sun Jul 29 19:01:10 SAST 2012


According to the Applicant's Guidebook: (Section P-2, Article 2)

“String Confusion Objection” refers to the objection that the string comprising the potential gTLD is confusingly similar to an existing top-level domain or another string applied for in the same round of applications.

Legal Definition / Explanation for "Confusingly Similar": 
(see: http://marklaw.com/trademark-glossary/confuse.htm)
You need to see this in the context of comparing two gTLD applications to each other. The key issues is whether there is a likelihood of confusion amongst the consuming public.

.Africa and .dotAfrica, although completely different strings from a technical perspective, are undoubtedly confusingly similar to each other in a legal context. It would be relatively easy to demonstrate this in objection proceedings. 

Regards

---
NeilD




On Jul 29, 2012, at 5:47 PM, Nii Narku Quaynor wrote:

> 
> On Jul 29, 2012, at 15:36, SM <sm at resistor.net> wrote:
> 
>> At 07:33 AM 7/29/2012, McTim wrote:
>>> Either there are two strings (.dotAfrica and .africa) being applied
>>> for, in which case they may (or may not) enter into string contention
>>> due to being "confusingly similar", OR there are 2 identical strings
>>> being applied for.
>> 
>> The term "confusing" string is used in technical forums to refer to different code points which can be visually similar.  I would not describe the case mentioned above as related to "confusing" strings.
>> 
> Some of the IPR world see it differently ie the first way as related to cyber squatting?
> 
> Nii 
>> Regards,
>> -sm
>> 
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