Decisión del Panel Administrativo nº DCO2021-0065 of WIPO Arbitration and Mediation Center, October 11, 2021 (case Antipodes Partners Limited v. Withheld for Privacy ehf, Privacy service provided by Withheld for Privacy ehf / Diamond global, Tycryptotrading)

Resolution DateOctober 11, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioColombia (.co)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Antipodes Partners Limited v. Withheld for Privacy ehf, Privacy service provided by Withheld for Privacy ehf / Diamond global, Tycryptotrading

Case No. DCO2021-0065

1. The Parties

The Complainant is Antipodes Partners Limited, Australia, represented by K&L Gates, Australia.

The Respondent is Withheld for Privacy ehf, Privacy service provided by Withheld for Privacy ehf, Iceland / Diamond global, Tycryptotrading, United States of America (“United States”).

2. The Domain Name and Registrar

The disputed domain name [antipodesinvestor.co] is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 20, 2021. On August 20, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 20, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on August 23, 2021 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on August 25, 2021.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 30, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 19, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 20, 2021.

The Center appointed Federica Togo as the sole panelist in this matter on September 27, 2021. 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.

4. Factual Background

The Complainant is the registered owner of several trademarks worldwide consisting and/or containing ANTIPODES, e.g. Australian trademark registration No. 2023202 ANTIPODES registered on July 15, 2019, for “Financial services; investment services” amongst others, in class 36; International trademark registration No. 1515622 ANTIPODES with priority July 15, 2019, registered amongst others for “Financial services; investment services” in class 36 on January 14, 2020.

It results from the information disclosed by the Registrar that the disputed domain name was registered on January 11, 2021.

Furthermore, the undisputed evidence provided by the Complainant proves that the disputed domain name [antipodesinvestor.co] is very similar to the official domain names [antipodespartners.com] and [antipodespartners.com.au] used by the Complainant and resolved to a web page used to impersonate the Complainant indicating as corporate office addresses, the ones corresponding to the Complainant’s corporate office addresses, showing the names, positions, and photographs of staff employed by the Complainant, displaying a fake corporate registration certificate of...

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