[gnso-rpm-wg] TMCH review objectives
slevy at accentlawgroup.com
Fri Sep 23 20:58:57 UTC 2016
Thanks for advocating for the devil 3:-) and ending this work week on a
humorous note, George!
On 9/23/16, 4:54 PM, "gnso-rpm-wg-bounces at icann.org on behalf of George
Kirikos" <gnso-rpm-wg-bounces at icann.org on behalf of icann at leap.com> wrote:
>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>
>> Thanks for your comment, Paul. If a domain consists of a generic term
>> no other content that implicates the brand, in most cases I would agree
>> the registry can sell it as it sees fit. However, if other terms
>> implicate the brand then I¹d say the registry is simply gouging. For
>> example, swatch.xyz has the potential to be used by someone in the
>> business and any future improper use (ex. hosting a website featuring
>> watches) could be dealt with through the UDRP. However, if the domain
>> swatch.watch I don¹t see how a registry could claim that this implicates
>> anything other than the wristwatch trademark. As such, gouge pricing
>> be improper as a transparent attempt to profit from the brand and the
>> of whether this is a preventative or curative right becomes academic.
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