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Username: DomeBase
Date/Time: Sun, September 23, 2001 at 3:28 PM GMT
Browser: Microsoft Internet Explorer V6.0 using Windows NT 5.0
Subject: food for thought


        1. From ICANN-Afilias contract: "E5.4.   What measures do you propose to comply with applicable trademark and anti-cybersquatting legislation? RLA will require each registrar to adhere to all applicable laws and regulations relating to trademarks and cybersquatting. If a registrar fails to comply with such laws and regulations, then Afilias will reject all registration applications from the registrar, and if such non-compliance persists, then Afilias will terminate the RLA. (see link below)

2. "Trademark Counterfeiting Crime and Its Elements" in the Trademark Counterfeiting Act, 18 U.S.C. ' 2320(a) says -- "Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In order to establish a criminal offense under 18 U.S.C. ' 2320, courts have required the government to prove four elements of which two (the second and fourth elements) are mens rea elements: (1.) The defendant "trafficked" or attempted to traffic in goods or services; (2.) Such trafficking, or the attempt to traffic, was "intentional"; (3)  The defendant used a "counterfeit mark" on or in connection with such goods or services; and (4)  The defendant "knew" that the mark so used was counterfeit. 




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