Decisión del Panel Administrativo nº DAU2019-0008 of WIPO Arbitration and Mediation Center, May 23, 2019 (case Cherry Lane Group Pty Ltd v. Jason Sillery)

Resolution DateMay 23, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioAustralia (.au)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Cherry Lane Group Pty Ltd v. Jason Sillery

Case No. DAU2019-0008

1. The Parties

The Complainant is Cherry Lane Group Pty Ltd, Australia, represented by Kenna Teasdale Lawyers, Australia.

The Respondent is Jason Sillery, Australia, represented by Somerville Legal, Australia.

2. The Domain Names and Registrar

The disputed domain names [cherrylanefinance.com.au], [cherrylanegroup.com.au], and [cherrylaneinsurance.com.au] are registered with Web Address Registration Pty Ltd.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 27, 2019. On March 27, 2019, the Center transmitted by email to Web Address Registration Pty Ltd a request for registrar verification in connection with the disputed domain names. On March 29, 2019, Web Address Registration Pty Ltd, transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant, but providing contact details which differed from that in the Complaint. The Center sent an email communication to the Complainant on April 8, 2019, 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 April 9, 2019.

The Center verified that the Complaint, together with the amended Complaint, satisfied the formal requirements of the .au Dispute Resolution Policy (the “Policy”), 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 April 10, 2019. In accordance with the Rules, paragraph 5(a), the due date for Response was April 30, 2019. The Response was filed with the Center on April 29, 2019.

The Center appointed Warwick A. Rothnie as the sole panelist in this matter on May 9, 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.

On May 10, 2019, the Complainant submitted a supplemental filing to the Center.

4. Factual Background

It appears that the Respondent was operating a business as a finance or insurance broker prior to July 2016 under the name, or names based on, Cherry Lane. He was a sole trader, but one Darrell Jolly worked in at least the finance business.

The Respondent registered the disputed domain names in his own name in connection with that business. According to the Registrar’s verification, the Respondent registered [cherrylanefinance.com.au] first on January 27, 2014 (the Panel notes that the Respondent claims to have registered this disputed domain name on April 13, 2015). He registered the other two disputed domain names on March 5, 2015. Apparently, he used his Australian Business Number, ABN 59 446 126 797, as the basis for these registrations.

The Complainant was established in July 2016. The directors and shareholders were Mr Jolly, the Respondent and one Aron Underwood.

In connection with the incorporation of the Complainant, the three directors entered into an agreement with each other. According to the Response, the Respondent agreed to transfer his then three existing businesses, Cherry Lane Finance, Cherry Lane Insurance, and Cherry Lane Property to the Complainant. Under the terms of the agreement, the three directors agreed to split the income and expenses of:

(a) the Cherry Lane Finance business in three equal shares between them;

(b) the Cherry Lane Insurance business, wholly to the Respondent and Mr Jolly; and

(c) the Cherry Lane Property business in two equal shares between Mr Jolly and Mr Underwood.

Otherwise the expenses of the Complainant were to be borne equally between the three of them.

Shortly after the Complainant was incorporated and the existing businesses transferred to it, the Respondent sent an email to (now) the Complainant’s IT services provider requesting registration of [cherrylaneproperty.com.au] “as a matter of urgency given the...

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