Amazon.com send a letter to ICANN on the 10th of January 2014 as a follow up to the letter from the Vice Minister of Foreign Affairs for Peru. The letter was regarding the Amazon.com pending gTLD application for .AMAZON and the IDN equivalents.
Amazon.com said that the Applicant GuideBook specifically requires an exact match to name listed in the ISO 3166-2 standard. “Amazon is not an exact march with Amazonas” they said. And they also said that Amazon is not a country, territory or capital city name that are protected in any language but it falls in the “county, province or state” category that only provides exact match protection.
Amazonas is Portuguese for Amazon. Amazon.com tries to convince ICANN that just because Amazon is shared between several countries it is not a territory but a province of each country. Amazon is certainly not a “county, province or state” so it must be a territory. There is not other way to see this.
Then Amazon.com tried to distort a recent decision of the Peruvian Trademark Office that found no similarities between a third party mark AMAZONAS and the AMAZON mark: “since the denomination AMAZONAS makes reference to one of the regions located north of Peru, while the denomination AMAZON will be perceived by the average consumer as a fanciful sign.”
Amazon.com failed to say that AMAZON is perceived by the average PERUVIAN consumer as a fanciful sign because people in Peru don’t speak English and they don’t refer to the Amazon territory as Amazon in their everyday life. They speak Spanish where Amazon is Amazona. And although Portuguese and Spanish have many differences, they are closely related.
Furthermore the trademark office decision is on trademarks not new gTLDs. There is no translation in trademarks where in the Applicant GuideBook of new gTLDs, translations play a big part.
Amazon.com should just accept it and save some embarrassment. It’s .AMAZON new gTLD application is dead in the Amazon water.