Decisión del Panel Administrativo nº D2019-1181 of WIPO Arbitration and Mediation Center, July 11, 2019 (case Australian Broadcasting Corporation v. Hussein Elburai)
| Resolution Date | July 11, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Complaint denied |
| Dominio | Generic Domains |
Complainant is Australian Broadcasting Corporation, Australia, represented by Baker & McKenzie, Australia.
Respondent is Hussein Elburai, Canada.
The disputed domain name [abc.net] (the “Domain Name”) is registered with TurnCommerce, Inc. DBA NameBright.com (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 23, 2019. On May 23, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On May 23, 2019, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.
The Center verified that the 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 Respondent of the Complaint, and the proceedings commenced on May 29, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 18, 2019. On June 15, 2019, the Center received an email communication from Respondent asking for a four-day extension. Pursuant to paragraph 5(b) of the Rules, the Response deadline was extended to June 22, 2019. The Response was filed with the Center on June 21, 2019.
The Center appointed Robert A. Badgley as the sole panelist in this matter on June 27, 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.
Complainant is “an independent public broadcaster funded by the Commonwealth of Australia”. Complainant broadcasts via television, radio, and other media, and has been broadcasting in one manner or another since 1932. Complainant’s television broadcasts commenced in 1956, and its online broadcasts commenced in August 1995. Complainant’s website is located at “www.abc.net.au”.
Complainant has used the mark ABC as a source identifier for its broadcasting services since 1932. In August 1994, Complainant received Australian trademark registrations for ABC SHOP and ABC CENTRE. In June 2013, it received an Australian trademark registration for ABC.
The record contains ample evidence that Complainant’s broadcasting activities within Australia are longstanding and extensive, and that the ABC-formative marks within Australia are well known. Complainant also states that, as of 1995 (the year in which the Domain Name was registered by the Canadian Respondent), it had licensed 26 of its television programs to be broadcast in Canada.
Complainant asserts that, just prior to the registration of the Domain Name, a number of media stories appeared in Canada to discuss Complainant. Some of these June 1995 articles announce the airing in Canada of the television drama series Phoenix, produced by Complainant. For instance, the record contains a June 11, 1995, article in the Toronto Star which summarizes various items in the entertainment industry. One item...
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