[gnso-rpm-wg] TMCH review objectives

[Steve Levy]

Thanks for advocating for the devil 3:-) and ending this work week on a
humorous note, George!

Regards,
Steve

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
>fabrics.....
>
>https://en.wikipedia.org/wiki/Slow_television
>
>Have a nice weekend, everyone!
>
>Sincerely,
>
>George Kirikos
>416-588-0269
>http://www.leap.com/
>
>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 I¹d 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 don¹t 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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