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Username: bezzant
Date/Time: Mon, August 13, 2001 at 7:29 AM GMT (Mon, August 13, 2001 at 5:29 PM EAST)
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Looking for Class Action Plaintiffs

Message:
 

               
      This is a preliminary inquiry whether there are other members of the public who have attempted to pre-register ".info" domain names through Afilias-approved registrars for the "Start-Up" or "Land-Rush" registration periods, who do not hold trademarks on those names, and have found one or more of those domain names to have been registered by others during the Afilias Sunrise registration period with fraudulent or unqualified trademark information to support the registrant's domain name application.

This is also an inquiry whether there are qualified attorneys willing to assist our class of domain registrants in bringing civil action against Afilias Ltd. and ICANN, to halt the .info domain registration process, to enforce an equitable method of allocating .info domain names to applicants, to relieve applicants of burdensome fees that may be required to pursue their claims, and to award monetary damages and attorney's fees to plaintiffs.

Afilias has shown thus far in its Sunrise registration process that it is incapable of distinguishing between bona-fide Sunrise domain applications and unqualified domain applications.  Afilias has accepted unqualified domain applications into its processing queues and allowed them to become comingled with qualified Trademarked domain applications in Afilias' same registration queues, and has processed the comingled group of applications and awarded .info domain names to both qualified and unqualified applicants.  By such action, Afilias has breached its agreement with ICANN to conduct separate registration periods for Trademarked vs. Public (non-trademarked) domain names.

Furthermore, when clear and ample proof of fraudulent trademark information for large numbers of domain names has been provided to Afilias for corrective action, no corrective action has been taken by Afilias either to cancel or suspend the fraudulent domain registrations, or to change its policy to prevent or reduce further fraud during the Sunrise domain registration period.

A suitable resolution of this matter, without further legal procedings, would be for all Sunrise domain registrations to be subjected to immediate, automatic "Sunrise Challenge", entirely at Afilias' expense, without payment of fees by domain registrants or by Challengers, without required filings of individual Sunrise Challenge petitions except by registrants who believe they have a legitimate qualified trademark.  The Start-Up (Land-Rush) registration period should be delayed until the entire Sunrise Challenge is completed and all non-qualified Sunrise domain registrations are cancelled and the domain names returned to the pool of unregistered names, before the Start-Up period begins.

If you are a similarly-minded member of the public, or an attorney who is qualified to assist in this matter, please respond by email.

Thank you.

    

Bill Bezzant
Saipan, Northern Mariana Islands
bill.bezzant@saipan.com


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