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@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.