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Username: antipodes
Date/Time: Sun, September 23, 2001 at 4:23 PM GMT
Browser: Netscape Communicator V4.74 using Windows 98
Subject: From my reading - I suspect that any of the fraudulent

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Sunrise registrants using their .info sites will be liable for prosecution.

I regret the this law does not appear to cover the actions of some registrars who effectively provided counterfiet trademarks for clients in order to transact business.  I suspect that aiding or abetting another to gain benefit through a counterfeit trademark will be covered under another criminal law and will have implications for both the registrars and registry.

Afilias is in clear breach of its ICANN-NSI Registry Agreement and demonstrated with the Lorenz case that an applicant didn't have to falsify TM registration details to win Sunrise names.  Lorenz indicated that he held no trademarks for his 97 Sunrise registrations and that he was clearly ineligible for the Sunrise draw.  It appears to me that Afilias wittingly comitted the fraud for him - as they did for others whose applications were as patently ineligible as Lorenz's for the Sunrise draw.

2.30 still awake
     

 


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