Decisión del Panel Administrativo nº D2020-2055 of WIPO Arbitration and Mediation Center, September 22, 2020 (case Tatts Group Limited v. Domain Admin, Whois Privacy Corp.)

• Resolution Date: September 22, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Tatts Group Limited v. Domain Admin, Whois Privacy Corp.

Case No. D2020-2055

1. The Parties

The Complainant is Tatts Group Limited, Australia, represented by King & Wood Mallesons, United States of America.

The Respondent is Domain Admin, Whois Privacy Corp., Bahamas.

2. The Domain Name and Registrar

The disputed domain name [oz-lotto.net] is registered with Internet Domain Service BS Corp (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 4, 2020. On August 4, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 5, 2020, 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 August 6, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 26, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 27, 2020.

The Center appointed Theda König Horowicz as the sole panelist in this matter on September 4, 2020. 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 was founded in Australia in 1885. The Complainant’s parent company Tabcorp Holdings Limited (hereinafter, Tabcorp) in Australia is active in the lotteries and keno business which generates a revenue of over AUD 2,684 million. Tabcorp’s official website enjoys millions of visits each month, more than 3 million of visitors being registered as online lottery players.

The Complainant, through a number of wholly owned subsidiaries, is licensed to sell its lottery products in all states of Australia except Western Australia. The lottery products are marketed and provided to consumers through different brands, one of them being OZ LOTTO.

The trademark OZ LOTTO was registered for the first time by the Complainant on November 11, 1993 (Australian registration number 615862).

The term OZ LOTTO is currently being registered in Australia both as word and logo form by the Complainant, the Lotteries Commission of Western Australia, Lotteries Commission of South Australia, and three...