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Username: daveking2
Date/Time: Wed, August 15, 2001 at 2:53 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: Correct

Message:
 

 
Nicholas,

My colleague here is a lawyer, and that's exactly what he says. It's an effectve contract at the time of the transaction and cannot be retrospectively changed, unless it's an ongoing service for which new terms and conditions could apply.

One of the biggest problems I see with Afilias simply dropping false TM applications is that their contract does not stipulate that they can do this - even for false applications. Their only out is through the normal course of the challenge procedure. It could possibly then become a criminal matter (misrepresentation and possibly trade mark fraud) but because no documents are involved, it's difficult to prosecute and very hard to prove. Lastly, I don't think most of the authorities would understand the significance of this, and therefore not give it much priority.

Personally however, I can't believe how stupid some of those cybersquatters have been. I mean, by blatantly declaring false TM numbers and dates, that's just an open invitation for a challenge and saying goodbye to their foolishly spent money.
 


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