Every registrar which accepted a non-refundable fee from a Landrusher should
have clearly stated in their terms and conditions that were 2 Sunrise risks involved
in pre-requests.1. The name could be claimed by a bona fide Sunrise trademark
holder.
2. Afilias WOULD NOT BE CHECKING trademark information submitted by Sunrise
registrants.
By failing to disclose number 2 above, customers were not given the
full facts about what they were purchasing. If we had known about number 2
then I and many others would never have pre-registered generic names. Afilias
registars sold the pre-requests by advertising the fairness of the system which clearly
did not exist.
Therefore are Afilias registars who accepted non-refundable fees
for names stolen in the Sunrise period not ethically responsible for returning these
fees? Can a legal case be made on this point alone?