Decisión del Panel Administrativo nº DAU2016-0033 of WIPO Arbitration and Mediation Center, October 10, 2016 (case Jaguar Land Rover Limited v. The Trustee for the Trivett Family Trust)
| Resolution Date | October 10, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer, cancellation in part |
| Dominio | Australia (.au) |
The Complainant is Jaguar Land Rover Limited of Whitley Coventry, United Kingdom of Great Britain and Northern Ireland, represented by Phillips Ormonde & Fitzpatrick, Australia.
The Respondent is The Trustee for the Trivett Family Trust of Queensland, Australia represented by Woods Prince Lawyers, Australia.
The disputed domain names [actrangerover.com.au], [adelaidejaguar.com.au], [adelaiderangerover.com.au], [albanyjaguar.com.au], [albanyrangerover.com.au], [alexandriajaguar.com.au], [alexandriarangerover.com.au], [alicespringslandrover.com.au], [alicespringsrangerover.com.au], [artarmonlandrover.com.au], [artarmonrangerover.com.au], [australiajaguar.com.au], [australiarangerover.com.au], [bennettsgreenlandrover.com.au], [bennettsgreenrangerover.com.au], [blakehurstlandrover.com.au], [blakehurstrangerover.com.au], [brightonrangerover.com.au], [brisbanerangerover.com.au], [brookvalelandrover.com.au], [brookvalerangerover.com.au], [cairnslandrover.com.au], [cairnsrangerover.com.au], [canberrajaguar.com.au], [canberrarangerover.com.au], [canningtonlandrover.com.au], [canningtonrangerover.com.au], [citylandrover.com.au], [cityrangerover.com.au], [coffsharbourlandrover.com.au], [coffsharbourrangerover.com.au], [darwinrangerover.com.au], [doncasterlandrover.com.au], [doncasterrangerover.com.au], [eastlandrover.com.au], [electricrangerover.com.au], [financerangerover.com.au], [geelonglandrover.com.au], [geelongrangerover.com.au], [goldcoastlandrover.com.au], [goldcoastrangerover.com.au], [hawthornlandrover.com.au], [hawthornrangerover.com.au], [hobartrangerover.com.au], [hybridrangerover.com.au], [indooroopillylandrover.com.au], [indooroopillyrangerover.com.au], [jaguarbrisbane.com.au], [jaguarcappedpriceservice.com.au], [jaguarcoffsharbour.com.au], [jaguardarwin.com.au], [jaguarelectric.com.au], [jaguarfixedpriceservice.com.au], [jaguarhobart.com.au], [jaguarhybrid.com.au], [jaguarreview.com.au], [jaguarspareparts.com.au], [jaguartoowong.com.au], [jaguarwarranty.com.au], [landroveralbany.com.au], [landroverartarmon.com.au], [landroverbrighton.com.au], [landroverbundaberg.com.au], [landrovercanberra.com.au], [landrovercappedpriceservice.com.au], [landrovercappedpriceservicing.com.au], [landrovercoffsharbour.com.au], [landroverdarwin.com.au], [landroverelectric.com.au], [landroverhobart.com.au], [landroverhybrid.com.au], [landroverindooroopilly.com.au], [landroverleasing.com.au], [landrover.net.au], [landroverperth.com.au], [landrovertaringa.com.au], [landrovertoowong.com.au], [launcestonjaguar.com.au], [launcestonrangerover.com.au], [lavingtonjaguar.com.au], [lavingtonrangerover.com.au], [mackayrangerover.com.au], [maintainmyjaguar.com.au], [maintainmylandrover.com.au], [malvernjaguar.com.au], [malvernrangerover.com.au], [maroochydorejaguar.com.au], [maroochydorerangerover.com.au], [melbournelandrover.com.au], [melbournerangerover.com.au], [millicentjaguar.com.au], [millicentrangerover.com.au], [morwelljaguar.com.au], [morwelllandrover.com.au], [morwellrangerover.com.au], [mosmanjaguar.com.au], [mosmanlandrover.com.au], [mosmanrangerover.com.au], [myjaguar.com.au], [mylandrover.com.au], [myrangerover.com.au], [narellanjaguar.com.au], [narellanlandrover.com.au], [narellanrangerover.com.au], [newrangerover.com.au], [northjaguar.com.au], [northlandrover.com.au], [northrangerover.com.au], [orangejaguar.com.au], [orangelandrover.com.au], [orangerangerover.com.au], [osborneparkjaguar.com.au], [osborneparklandrover.com.au], [osborneparkrangerover.com.au], [parramattarangerover.com.au], [perthrangerover.com.au], [portlincolnlandrover.com.au], [portlincolnrangerover.com.au], [portmacquarierangerover.com.au], [preownedrangerover.com.au], [rangeroveradelaide.com.au], [rangeroverartarmon.com.au], [rangeroveraustralia.com.au], [rangeroverbrighton.com.au], [rangeroverbundaberg.com.au], [rangerovercanberra.com.au], [rangerovercappedpriceservice.com.au], [rangerovercappedpriceservicing.com.au], [rangerovercoffshabour.com.au], [rangeroverdarwin.com.au], [rangeroverdoncaster.com.au], [rangeroverdubbo.com.au], [rangeroverelectric.com.au], [rangeroverfixedpriceservice.com.au], [rangeroverhobart.com.au], [rangeroverhse.com.au], [rangeroverhybrid.com.au], [rangeroverindooroopilly.com.au], [rangeroverleasing.com.au], [rangerover.net.au], [rangeroverparts.com.au], [rangeroverperth.com.au], [rangeroverreview.com.au], [rangeroverservicecentre.com.au], [rangeroverspareparts.com.au], [rangeroversport.com.au], [rangeroversydney.com.au], [rangerovertaringa.com.au], [rangerovertoowong.com.au], [rangeroverwarranty.com.au], [servicejaguar.com.au], [servicemyjaguar.com.au], [servicemylandrover.com.au], [servicemyrangerover.com.au], [servicerangerover.com.au], [southjaguar.com.au], [southportjaguar.com.au], [southportrangerover.com.au], [southrangerover.com.au], [sydneyrangerover.com.au], [tamworthrangerover.com.au], [taringajaguar.com.au], [taringalandrover.com.au], [taringarangerover.com.au], [toowongjaguar.com.au], [toowonglandrover.com.au], [toowongrangerover.com.au], [toowoombarangerover.com.au], [townsvillejaguar.com.au], [townsvillerangerover.com.au], [trivettrangerover.com.au], [westjaguar.com.au], [westrangerover.com.au], [wollongongjaguar.com.au] and [wollongongrangerover.com.au] are registered with Web Address Registration Pty Ltd.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on August 19, 2016. On August 19, 2016, the Center transmitted by email to Web Address Registration Pty Ltd a request for registrar verification in connection with the disputed domain names. On August 23, 2016, Web Address Registration Pty Ltd 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 August 24, 2016. In accordance with the Rules, paragraph 5(a), the due date for Response was September 13, 2016. The Response was filed with the Center on September 13, 2016.
The Center appointed Alistair Payne as the sole panelist in this matter on September 26, 2016. 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 Complainant, Jaguar Land Rover Limited ("JLR"), is a globally renowned manufacturer of premium saloons and sports cars and sports utility vehicles, based in the Midlands region of England and is the successor in business of a car manufacturing business that has operated from the UK since 1922.
The Complainant has produced motor vehicles under the brand and trade mark JAGUAR since approximately 1935, under the LAND ROVER trade mark since about 1948 and under the RANGE ROVER mark since 1970. The Complainant owns numerous trade mark registrations worldwide for each of these marks including Australian trade mark 83411 for the word mark JAGUAR registered since 1945, Australian trade mark number 96332 for LAND ROVER registered since 1948 and Australian trade mark 230454 for RANGE ROVER registered since 1969.
The disputed domain names were registered between 2014 and 2015 by the Respondent who holds the disputed domain names on behalf of the Trivett family beneficiaries. Mr. J. Trivett by statutory declaration has stated that the disputed domain names were acquired by the Respondent for the purposes of developing the proposed "Maintain My" web platform which would connect consumers to a range of service providers, including manufacturers of both genuine and non-genuine automotive spare parts.
The Complainant submits that it owns numerous trade mark registrations for its JAGUAR, LANDROVER and RANGE ROVER marks including the Australian registrations noted above. It says that as a result of the Complainant's very substantial business and advertising and promotional efforts worldwide, including print media and television advertising, presence at motor shows and motor vehicle award competitions and a substantial on-line presence in 142 countries that it has developed a very substantial presence and renown attaching to each of these marks and as a result its marks are very well known. The Complainant notes that it operates websites for its products under each mark respectively at a number of domain names including [jaguar.com], [jaguar.com.au], [jaguar.co.uk], [land-rover.com], [landrover.com], [landrover.co.uk], [landroverevoque.com], [landroverdefender.com], and [rangerover.com].
The Complainant further submits that each of the disputed domain names is confusingly similar to the names and trade marks in which it has rights. In each case, the disputed domain name incorporates as the distinctive and dominant component one of the trade marks JAGUAR, LAND ROVER or RANGE ROVER. It says that in broad terms, the disputed domain names fall into categories where the respective trade marks of the Complainant have been combined with geographical words such as "Australia", "Melbourne" and "Sydney", with words indicating vehicle type, e.g., "hybrid" or "electric", or combined with a descriptive term such as "capped price service", "fixed price service", "finance" or the surname of the...
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