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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.
3. http://forum.icann.org/cgi-bin/rpgmessage.cgi?newtldagmts;3B8327C100000536
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