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||Sun, September 23, 2001 at 4:23 PM GMT
||Netscape Communicator V4.74 using Windows 98
||From my reading - I suspect that any of the fraudulent
Sunrise registrants using their .info sites will be liable for prosecution.|
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