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EU IDN not banned after all

Kevin Murphy, October 20, 2014, 09:02:01 (UTC), Domain Policy

The European Union request for the Greek-script ccTLD .ευ has not been thrown out, according to ICANN.

Last week DI reported that .ευ was the only one of three IDN ccTLD requests — the other two being Bulgaria’s .бг and Greece’s .ελ — to fail a test for confusing similarity on appeal.

.ευ was found to be confusingly similar to .EY and .EU, but only when in upper case.

The similarity panel’s decision would mean, I reported, that .бг and .ελ would be delegated but .ευ would not, under ICANN rules.

I wondered aloud what the Governmental Advisory Committee would think about that, given that it had lobbied for the creation of the appeals process in order to get an earlier rejection of .ευ overturned.

Shortly after publishing the article, ICANN reached out to say I was wrong and ask for a correction.

“We (ICANN) have not rejected the .ευ application,” a spokesperson said.

“Due to the unprecedented nature of the split results, the issue needs to be discussed at the senior management and Board level before a final decision is made,” he said.

The “split results” refers to the fact that there was found to be no confusing similarity with .ευ in lower case.

However, the ICANN rule I referred to says (which my emphasis):

The rule is that if the appearance of the selected string, in upper or lower case, in common fonts in small sizes at typical screen resolutions, is sufficiently close to one or more other strings, it is probable that a reasonable Internet user who is unfamiliar with the script perceives the strings to be the same or confuses one for the other.

That’s adapted almost verbatim from the original recommendations of the ccNSO. The only addition ICANN made was to add the clearly important clause “in upper or lower case” to the text.

It seemed pretty straightforward to me — confusing similarity exists regardless of case.

I pointed this out to ICANN last Wednesday and asked where I could find the rule that said the ICANN board or staff get to review a “split results” finding but have yet to receive a reply.

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