That's exactly the point. If they KNEW that they were doing something contrary to their own registration criteria (as clearly expressed in the Registry/Registrar agreement), then what possible right have they got to charge Lorenz when the product is confirmed as invalid?
To try to gain money by offering services that break the rules and are therefore incapable from the outset of delivering a product... that seems bizarre beyond belief... I'd argue that it might be called fraudulent in a court of law.
When you combine that with the fact that DomainBank is run by the man who is also Afilias CEO (the other party in the Registry/Registrar Agreement) the circle seems to be complete! In both his capacities, Hal Lubsen had an absolute duty to uphold the contractual rules.
What on earth possessed him to preside over a process which abused his own rules?!
And if DomainBank now intends to pursue the hapless Lorenz in court, and try to extract money for their own impossible invalid product (which THEY broke the rules by submitting) then we are about to view one of the great comic episodes in US law, and (almost beyond belief) Afilias are about to sink to even more unfathomable PR depths!
What is truly staggering in all this is that Lubsen via e-mails to Afilias and DomainBank denied over 20 requests to delete these names (for which $15000 had been taken) and that - after eight months of repeated invitations - Hal Lubsen and his company have never once offered any explanation as to why they chose to submit 93 names, all of which required eligible Trademark data for name, country, number and date -
- and which were all submitted by DomainBank and registered by Afilias (for a profit of $15000) with the data - Name:NONE Country:NONE Number:NONE Date:NONE
Is it just conceivable that the parties involved at the Registry and the Registrars were prepared to abuse their own clearly constructed contracts and rules, in order to obtain money under false pretences?
To take money for a product you are contractually unable to deliver would appear to be "false pretences" to me.