Decisión del Panel Administrativo nº DAU2016-0016 of WIPO Arbitration and Mediation Center, May 18, 2016 (case Syntech Distributors Limited v. Tiger Bay Minerals Pty Limited)
| Resolution Date | May 18, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Australia (.au) |
The Complainant is Syntech Distributors Limited of Auckland, New Zealand, represented by Simpson Western, New Zealand.
The Respondent is Tiger Bay Minerals Pty Limited of Queensland, Australia, internally represented.
The disputed domain name [syntechnz.com.au] is registered with Netregistry Pty Ltd.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 24, 2016. On March 24, 2016, the Center transmitted by email to Netregistry Pty Ltd a request for registrar verification in connection with the disputed domain name. On April 1 and 6, 2016, Netregistry Pty Ltd transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the .au Dispute Resolution Policy (the "Policy"), the Rules for .au Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for .au Domain Name Dispute Resolution Policy (the "Supplemental Rules").
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceeding commenced on April 6, 2016. In accordance with the Rules, paragraph 5(a), the due date for Response was April 26, 2016. The Response was filed with the Center on April 26, 2016.
On April 28, 2016, the Complainant made a supplemental filing enclosing a copy of the .auDA Domain Name Eligibility and Allocation Policy Rules for the Open 2LDs (the "Eligibility Rules").
The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on May 6, 2016. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
The Complainant is a company incorporated in New Zealand in 1989 and a provider of surface finishing and abrasive blasting products and services under the trade mark SYNTECH (the "Trade Mark"). The Complainant is the owner of Australian trade mark registration number 1399661 for the Trade Mark, registered since December 14, 2010. The Complainant is also the owner of the domain names [syntechnz.com] and [syntech.co.nz] comprising the Trade Mark.
The Respondent is a company incorporated in the State of Queensland in Australia.
The disputed domain name was registered on September 7, 2015.
The disputed domain name has not been used.
The Complainant contends that the disputed domain name is identical or confusingly similar to the Trade Mark, the Respondent has no rights or legitimate interests in respect of the disputed domain name, and the disputed domain name has been registered or subsequently used in bad faith.
The Respondent contends that the Complainant is ineligible to hold the disputed domain name, the disputed domain name is not identical or confusingly similar to the Trade Mark, the Respondent has rights or legitimate interests in respect of...
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