From the ICANN TLD Agreement with Afilias:In
order for trademark and service mark owners to qualify to receive a registration
during the Sunrise Period (a "Sunrise Registration"), the following information must
be provided to Registry Operator: (i) the ASCII characters name of the trademark
or service mark; (ii) the date the registration issued; (iii) the country of registration;
and (iv) the registration number. Registrar shall require this information, in addition
to the standard information required of all potential registrants, be provided by
potential Sunrise Period registrants. This information shall be included in the Whois
informational database to facilitate the resolution of disputes over Sunrise Registrations.
The Whois database shall be made available at the commencement of the Sunrise Period.
Neither Registry Operator nor Registrar will verify any of this information prior
to issuing a Sunrise Registration, but Registry Operator reserves the right to refuse
or cancel any Sunrise Registration at any time and to request additional information
relating to a Sunrise Registration from the registrant.
Clearly Afilias has the
contractual rights and powers to "cancel any Sunrise Registration at any time" -
surely if they are clearly and visbly not "qualified to receive a registration" because
of omission of the above-named criteria, Afilias has the clear mandate (and responsibility
to Landrush customers) to cancel them.