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Username: Srana
Date/Time: Wed, September 26, 2001 at 7:56 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 4.0
Subject: Duty of Afilias and each Afilias Registrar


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?



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