Decisión del Panel Administrativo nº D2017-2331 of WIPO Arbitration and Mediation Center, January 12, 2018 (case Benalla Rural City Council v. Roy Turner)

• Resolution Date: January 12, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Benalla Rural City Council v. Roy Turner

Case No. D2017-2331

1. The Parties

The Complainant is Benalla Rural City Council of Benalla, Victoria, Australia, represented by Maddocks, Australia.

The Respondent is Roy Turner of Southfield, Michigan, United States of America (“United States”).

2. The Domain Name and Registrar

The disputed domain name, [benallaartgallery.com] (the “Domain Name”), is registered with DropCatch.com LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 23, 2017. On November 23, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On November 27, 2017, 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 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 December 1, 2017. In accordance with the Rules, paragraph 5, the due date for Response was December 21, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 22, 2017.

The Center appointed Tony Willoughby as the sole panelist in this matter on January 8, 2018. 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 a Rural City Council in the State of Victoria, Australia. It is a body corporate with perpetual succession. It may sue or be sued in its corporate name. It is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers.

One of the Complainant’s assets is the Benalla Art Gallery specializing in Australian art, which...