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.shopping ruled confusingly similar to .shop

Kevin Murphy, October 17, 2013, 12:35:29 (UTC), Domain Registries

An International Centre for Dispute Resolution panelist has ruled that .shop and .shopping are too confusingly similar to coexist on the internet.

The panelist was Robert Nau, the same guy who ruled that .通販 and .shop are confusingly similar.

Again, the objector is .shop applicant Commercial Connect, which filed String Confusion Objections against almost every new gTLD application related to buying stuff online.

The defendant in this case was Donuts, via subsidiary Sea Tigers LLC.

Here’s the key part of the decision:

the concurrent use of “shopping”, the participle, and the root word “shop”, in gTLD strings will result in probable confusion by the average, reasonable Internet user, because the two strings have sufficient similarity in sound, meaning, look and feel. The average Internet user would not be able to differentiate between the two strings, and in the absence of some other external information (such as an index or guidebook) would have to guess which of the two strings contains the information the user is looking to view.

The adopters of the applicable standard of review for string confusion hypothetically could have allowed an unlimited number of top level domain names using the same root, and simply differentiate them by numbers, e.g., <.shop1>, <.shop2>, <.shop3>, etc., or other modifiers, including pluralization, or other similar variations of a root word, or other modifiers before or after the root word. While that might allow for increased competition, as argued by Applicant, it would only lead to a greater level of confusion and uncertainty among average, reasonable Internet users. Accordingly, the Applicant’s argument that the concurrent use of a root word and its participle version in a string increases competition is not persuasive in this context, and is rejected.

So far, Commercial Connect has lost 15 of the 21 SCOs it filed, against strings as weird as .supply and .shopyourway. Four cases remain open.

There are nine applicants for .shop, including Commercial Connect. Uniregistry has also applied for .shopping, but did not receive an objection.

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