In the past 24 hours I believe Afilias Staff has had
little sleep thanks to thousands of calls Afilias has been inundated with and for
good reason. The entire purpose of the sunrise queue, which was to protect Trademarked
domain owners, has been misutilised due to gross negligence on the part of Afilias
in processing these applications. Some observations that I have made in the past
24 hours having done Whois after whois on various Domain Names===============
MY
OBSERVATIONS
===============
1. Out of every RANDOM generic word i did whois
queries on - more than 4/5 were OBVIOUSLY fradulent trademarks - some of these i
list below
Domain Name: bank.info
Created On: 2001-07-31 20:43:58.0 GMT
Expiration
Date: 2006-07-31 20:43:58.0 GMT
Trademark Name: DAvinder Singh
Trademark Date:
2001-01-01
Trademark Country: US
Trademark Number: us123456789
Sponsoring
Registrar: 5027-BR
Registrant Name: David Singh
* NOTE THE TRADEMARK NAME AND
DATE NUMBER ABV
Domain Name: books.info
Created On: 2001-07-31 19:46:33.0 GMT
Expiration
Date: 2006-07-31 19:46:33.0 GMT
Trademark Name: pro-consul, Inc
Trademark Date:
2001-01-01
Trademark Country: US
Trademark Number: US1597351
Sponsoring
Registrar: 5027-BR
Registrant Name: David Singh
* NOTE THE TRADEMARK NAME AND
DATE ABV
Domain Name: analsex.info
Created On: 2001-07-30 20:22:25.0 GMT
Expiration
Date: 2006-07-30 20:22:25.0 GMT
Trademark Name: Sandip Singh Sandhu
Trademark
Date: 1999-11-09
Trademark Country: MA
Trademark Number: 75913
Sponsoring
Registrar: 5005-OD
* NOTE THE TRADEMARK NAME ABV
Domain Name: newyork.info
Created
On: 2001-07-31 20:52:23.0 GMT
Expiration Date: 2006-07-31 20:52:23.0 GMT
Trademark
Name: newyork
Trademark Date: 2000-10-01
Trademark Country: US
Trademark
Number: e.g. 12345
Sponsoring Registrar: 5117-NS
* NOTE THE TRADEMARK NUMBER
ABV
Domain Name: family.info
Created On: 2001-07-31 21:24:50.0 GMT
Expiration
Date: 2006-07-31 21:24:50.0 GMT
Trademark Name: none
Trademark Date: 2001-07-30
Trademark
Country: US
Trademark Number: none
* DO I NEED TO SAY ANYTHING FOR THIS ONE??
2.
I challenge anyone to achieve greater than 1/10 ratio in searching for generic names
that are available. seems like EVERY generic name in the world is booked under trademarks
3.
Every state i can think of and country i can think of seems to be trademarked (which
i thought was not possible)
4. Afilias could have easily prevented a large percentage
of these by enforcing the various rules they had set
* Trademarked name should
be similar to domain name
* Trademarked date should before Oct 2000
* Trademark
number should be unique in same country
5. As of right now the only solution that
Afilias offers is the so called sunrise challenge process, which for some funny twisted
reason involves both the challenger and the challengee paying $295 each. Which means
thousands and thousands of these squatters who have gained these domains by direct
fraud will actually get away with it since the cost of challenging them itself is
expensive and another revenue opportunity for WIPO/afilias rather than a resolution
measure
6. I agree that Afilias cannot track down trademarks from various countries
but they should atleast have had a standard enforcement preventing names with crap
trademark data such as abv. all the abv could be parsed as wrong data by any simple
two bit computer code
7. I want to further analyse why afilias didnt do the abv
parsing and enforce the basic rules they had themselves laid out. i cannot hint of
a motive, dont want to either but think of this - afilias gets 5 YEAR REG fee for
each sunrise name. So what if they are fraud names. thats 5 years of revenue in their
pockets. add to tht that these names will be disputed soon. that adds the dispute
fee to this. now once the domain is dropped it would be picked up again by someone,
which adds another 2 year reg fee to it. so by not parsing the trademarked info afilias
has managed to make extra money rather than losing out
8. Lets also give Afilias
a benefit of doubt when they tell me that they had decided not to ensure a check
for any of the trademark info. However that is not true. incidentally the only one
TRADEMARK field that is checked for validity is the COUNTRY FIELD. SO WHY DID THEY
PUT A CHECK ON THE TRADEMARK country field and ensure that it was valid, but DID
NOT CHECK the date validity or the trademark name validity or the trademark NUMBER
validity? if one of the fields was checked so should the others have been. however
the country field is theonly one that does not make a difference to those committing
fraud. the other fields do and those were the exact fields not validated by the afilias
registry.
9. lets also consider the difficulty of implementing the automated checks.
all afilias had to do was make sure that
(a) the trademarked name was same as
the domain name. so in the abv bank.info case i showed it would show up as an obvious
fraud
(b) the trademark date was less than oct 2000. So it would immediately eliminate
those domains which were wrongly registered with dates
(c) the trademark number
was a number
(d) no two trademark numbers from the same country were same - if
they were those domains would be put on special hold
All of the above could be
easily achieved in less than 5 minutes of programming.
10. Lets now for a moment
analyse that HAD AFILIAS done those checks, what difference would it have made to
the whole process. I have a docment with me that shows 100 names which i picked totally
randomly, of which over 25 are OBVIOUSLY WRONG. So what i am saying is by putting
in TWO SIMPLE CHECKS afilias could have prevented 25% of the fradulent entries but
chose not to
11. If they had done the duplicate trademark number check they would
have elminated another 25-30% of the fraud most of the names i did a whois on show
the same fradulent person trying to register various names using the same fradulent
information
12. Had they done the other validity checks they would have further
eliminated another 25-30% of the fraud
13. Out of those 100 domains over 33 are
us registered marks. A simple HTTP GET request to TESS database hosted online shows
most of them to be fradulent. So had afilias simply added this one more check to
verify against the TESS query database it would elminate 33% of the fraud
14. Check
this one out. Do a whois on careers, dating, divorce, entertainment and cosmetics.info.
I have two of them below -
Domain Name: careers.info
Trademark Name: careers
Trademark
Country: IL
Trademark Number: 153278563
Domain Name: dating.info
Trademark
Name: dating
Trademark Country: IL
Trademark Number: 153278563
Notice that
the trademark number, country, and person are same for the different trademarks.
Isnt that a wonderful coincidence. I found all these names randomly - think of how
many more the same person or others with this trick would have registered that i
havent yet found.
15. Afilias never really publicised a system that would ward
of fradulent perpetrators. Infact their system encouraged fraud. Think of me as a
fradulent registrant. What hav i got to lose. Afailias allows me to put any junk
in the trademark info so i can go ahead and do that without any loss. If someone
wants to challenge me they must fork out $295, so for a generic term which is noones
company etc there would be few willing to fork out $295. at the end of it i could
probably challenge myself and get the domain myself
==========================
MY
PROPOSAL FOR RESOLUTION
==========================
* Afilias should stop processing
any further queues
* Afilias should immediately remove all domains which have been
fradulently registered, and as a lesson probably not refund that amount so the end
customer pays the price by trying the fraud
* Afilias should publicise the fact
that fradulent registrants will pay dearly by losing their money. This infact was
a less publicised fact. Infact what was more publicised, and which is what caused
this issue in the first place was the fact that anyone can go ahead and get ANY domain
with ANY CRAP info and noone can stop you and if someone does want to stop you THEY
HAVE TO PAY $295 to do that.
* Afilias should make a easier zero cost system for
reporting obvious fraud where trademark info is fraudulent
* Afilias should delay
the Landrush until the above is resolved
Best Regards
Bhavin Turakhia
CEO
Directi
----------------------------
91-22-6372982/3276/0256/3332
http://www.directi.com
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