Decisión del Panel Administrativo nº DAU2014-0024 of WIPO Arbitration and Mediation Center, August 23, 2014 (case Asahi Group Holdings Ltd v. David Whittle)

• Resolution Date: August 23, 2014
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Australia (.au)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Asahi Group Holdings Ltd v. David Whittle

Case No. DAU2014-0024

1. The Parties

The Complainant is Asahi Group Holdings Ltd of Japan, represented by Griffith Hack Patent and Trade Mark Attorneys, Australia.

The Respondent is David Whittle of Australia.

2. The Domain Name and Registrar

The disputed domain name [asahi.com.au] is registered with NameScout Corp (“the Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 8, 2014. On July 8, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 10, 2014, the Registrar 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 July 21, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was August 10, 2014. The Respondent did not submit any formal response. Accordingly, the Center notified the Respondent’s default on August 11, 2014.

The Center appointed Debrett G. Lyons as the sole panelist in this matter on August 18, 2014. 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.

Panel observes that on July 11, 2014, and in response to receipt of a copy of the Complaint from the Center, the Center received an email from the Respondent stating:

“This email is the first notification I have received in regards to asahi.com.au.

The domain name was registered based on the expression ‘as a hi’.

I no longer have any desire or use for the domain [name].

If there is a party with an interest in the domain I will happily transfer it immediately.”

The Panel notes further that there has been no reaction to that email from the Complainant and so the Panel is not prepared to treat this as a “consent-to-transfer” case and will proceed with application of the Policy.

4. Factual Background

The facts relevant to the discussion and findings in this case are that:

1. the Complainant is a well-known Japanese brewing company which makes and sells beers by reference to the trade mark ASAHI (the “Trade Mark”);

2. the...