Decisión del Panel Administrativo nº DAU2019-0002 of WIPO Arbitration and Mediation Center, March 12, 2019 (case 31Broadbeach v. Jack Howard, The Trustee for Sirocco No. 2 Trust)
| Resolution Date | March 12, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Australia (.au) |
The Complainant is 31Broadbeach, of Collingwood, Victoria, Australia, represented by Andrew Stinson, Australia.
The Respondent is Jack Howard, The Trustee for Sirocco No. 2 Trust, of Gold Coast, Queensland, Australia.
The disputed domain name [31broadbeach.com.au] is registered with Web Address Registration Pty Ltd.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 23, 2019. On January 23, 2019, the Center transmitted by email to Web Address Registration Pty Ltd a request for registrar verification in connection with the disputed domain name. On January 25, 2019, Web Address Registration 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” or “.auDRP”), 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 proceedings commenced on January 28, 2019. In accordance with the Rules, paragraph 5(a), the due date for Response was February 17, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 18, 2019.
The Center appointed Andrew F. Christie as the sole panelist in this matter on February 25, 2019. 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 business name that was registered with the Australian Securities and Investments Commission (“ASIC”) on October 27, 2017. The holder of the registered business name is BB31 Pty Ltd. BB31 Pty Ltd is a property developer that is completing a property development project at the address 31 Broadbeach Boulevard, Main Beach, Queensland, 4218, Australia. The property development commenced on or about September 27, 2017.
According to the registrar verification, the creation date (i.e., the date of first registration) of the disputed domain name is September 6, 2017. The disputed domain name resolves to a generic “parking page” hosted by Crazy Domains.
The Complainant contends that the disputed domain name is identical to a name, trademark or service mark in which the Complainant has rights because: (i) it is identical to the Complainant’s business name and property development, “31...
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