Decisión del Panel Administrativo nº DAU2019-0012 of WIPO Arbitration and Mediation Center, May 27, 2019 (case ING Bank (Australia) Limited, ING Groep N.V. v. Chillax Finance Group, Jason Dullard)
| Resolution Date | May 27, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Australia (.au) |
The Complainant is ING Bank (Australia) Limited, Australia (“First Complainant”) and ING Groep N.V., Netherlands (“Second Complainant”), both represented by CSC Digital Brand Services Group AB, Sweden.
The Respondent is Chillax Finance Group, Jason Dullard, Australia, self-represented.
The disputed domain name [ingaustralia.com.au] is registered with GoDaddy.com, LLC.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 9, 2019. On the same day, the Center transmitted by email to GoDaddy.com, LLC a request for registrar verification in connection with the disputed domain name. On the same day, GoDaddy.com, LLC 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 “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 April 16, 2019. In accordance with the Rules, paragraph 5(a), the due date for Response was May 6, 2019. The Response was filed with the Center on May 3, 2019. The Complainant made an unsolicited supplemental filing on May 10, 2019. The Respondent replied on the same day.
The Center appointed Matthew Kennedy as the sole panelist in this matter on May 20, 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.
The Complainants are banks that use the ING brand in connection with their services. The First Complainant is a wholly owned Australian subsidiary of the Second Complainant, a Dutch company. The First Complainant has held an Australian banking licence since 1994 and the Australian Business Name “ING” since 2011 and has won multiple awards, including Australian Financial Institution of the Year – Non‑Big 4 at the RFi Australian Retail Banking Awards 2016. The Second Complainant holds Australian trademark registration number 849264 for ING, registered from September 5, 2000 and specifying services in classes 35 and 36, including business management, financial affairs and banking. That trademark registration remains current. The Second Complainant also registered the domain name [ing.com] on February 23, 1999, that it uses in connection with an official website where it provides information about itself and its services. ING Corporate Services Pty Ltd is the registrant of the domain name [ing.com.au].
The Respondent is an Australian company and its contact person, Jason Dullard. Mr. Dullard was a customer of the First Complainant in 2018. Mr. Dullard registered the business name “International Networking Group Australia” on April 23, 2019, after the commencement of this proceeding.
According to searches of the auDA WhoIs registration data database provided by the Complainants, the disputed domain name was registered in the name of the Second Complainant as recently as March 18, 2012 and it was acquired by the Respondent no later than October 21, 2017.
According to a search of the Internet archive provided by the Complainants, on January 18, 2018 the disputed domain name redirected to [chillaxfinancegroup.com.au], which resolved to a website for the Respondent, where it offered mortgage broker services for home loans. The Complainant’s representative sent cease-and-desist letters by email to the Respondent on December 4, 2018, December 17, 2018 and December 28, 2018. At the time of this proceeding, the disputed domain name does not resolve or redirect to any active website; rather, it is passively held.
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