reminding each them of the penalties for TM fraud.This of course is predicated
upon whether or not in the circumstances - applicants attempting to gain advantage
in an Internet domain lottery - "fraudulent" applicants were actually breaching TM
laws.
I have yet to receive an authoritative opinion on this cogent point.
My
recommendation to a reputable company finding themselves in Afilias's circumstances
would be to email all of those who apparently breached the Sunrise qualifying criteria
- that includes the turds amongst the registrars - remind them of the penalties for
TM fraud and remind them of the opportunity to delete false TM delails in their applications.
Afilias's
job to delete "fraudulent" applications/registrations would have had a jump start
- and a responsibly registry would have reduced its costs and time required to reestablish
the integrity of their registry and be prepared for Landrush II.
As I suspect that
Afilias will be judged complicit if applicants who provided false TM details are
deemed to have committed TM fraud, Afilias has a greater motivation to clear up the
matter and get as many fraudulent registrations off their books as soon as possible.
After all, it was Afilias's decision to register the applications of anyone, whether
or not Sunrise applicants provided false or no TM data at all.
I feel certain that
Afilias has a duty of care for the interests of its Landrush investors/customers,
which it patently failed or chose to discard when it chose to register non-qualifying
applications in Sunrise.
Should Afilias decide that it will sell new or more preregistrations
for the disputed names for which Landrush I applicants already hold preregistration
- names which Afilias's action or inaction took from the Landrush I barrel - then
there will be no forgiving them their graft and greed and Hal Lubsen and the complicit
members of ICANN and Afilias should go to jail for long terms.
I propose that as
Afilias and its approved registrars have been enriched to the tune of 25,000 2-year
.info registrations (10,000 5-year fraudulent registrations), the 5,000 names which
remain the focus of Afilias's Landrush customers (who want's Plankenstein's/Ebner's
road map of Austria?), then Afilias as a gesture of good faith could make the registrations
of the disputed names in Landrush II gratis for all the heartache they have caused
to the honest Landrush customers. To do less will be selling the same product/service
twice and save Afilias's and ICANN from litigation or serious penalties from the
US Congress.
I remain really pissed-off at being cheated, and there apparently
being no one withing Afilias or ICANN with the integrity to put it right.