[gnso-rpm-wg] TMCH review objectives

George Kirikos icann at leap.com
Fri Sep 23 20:54:26 UTC 2016

To play Devil's Advocate, swatch.watch has potential uses other than
wristwatches.... e.g. ICANNwatch.org isn't a site where "watch" isn't
referring to timekeeping devices.

Perhaps it could be used by Norway's "Slow Television" where 12 hours
of a TV program might be devoted to viewing various swatch


Have a nice weekend, everyone!


George Kirikos

On Fri, Sep 23, 2016 at 12:08 PM, Steve Levy <slevy at accentlawgroup.com> wrote:
> Thanks for your comment, Paul.  If a domain consists of a generic term with
> no other content that implicates the brand, in most cases I would agree that
> the registry can sell it as it sees fit.  However, if other terms clearly
> implicate the brand then I’d say the registry is simply gouging.  For
> example, swatch.xyz has the potential to be used by someone in the fabric
> business and any future improper use (ex. hosting a website featuring Timex
> watches) could be dealt with through the UDRP.  However, if the domain is
> swatch.watch I don’t see how a registry could claim that this implicates
> anything other than the wristwatch trademark. As such, gouge pricing would
> be improper as a transparent attempt to profit from the brand and the debate
> of whether this is a preventative or curative right becomes academic.

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