[gnso-rpm-wg] TMCH review objectives
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!
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.
More information about the gnso-rpm-wg