Decisión del Panel Administrativo nº DAU2018-0010 of WIPO Arbitration and Mediation Center, June 13, 2018 (case The State of Queensland acting through the Department of Agriculture and Fisheries v. Mars Fila, Business Marketing International)

• Resolution Date: June 13, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Australia (.au)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

The State of Queensland acting through the Department of Agriculture and Fisheries v. Mars Fila, Business Marketing International

Case No. DAU2018-0010

1. The Parties

The Complainant is The State of Queensland acting through the Department of Agriculture and Fisheries of Dutton Park, Queensland, Australia, represented by Griffith Hack Patent and Trade Mark Attorneys, Australia.

The Respondent is Mars Fila, Business Marketing International of Bundal, Queensland, Australia.

2. The Domain Name and Registrar

The disputed domain name [queengarnetplum.com.au] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 10, 2018. On April 11, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 12, 2018, and April 23, 2018, the Registrar transmitted by email to the Center its verification response:

(a) confirming it is the Registrar for the disputed domain name;

(b) indicating the registration agreement is in English; and

(c) disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint.

The Center sent an email communication to the Complainant on April 24, 2018, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amended Complaint. The Complainant filed an amended Complaint on April 26, 2018.

The Center verified that the Complaint together with the amended 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 April 30, 2018. In accordance with the Rules, paragraph 5(a), the due date for Response was May 20, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 22, 2018.

The Center appointed Warwick A. Rothnie as the sole panelist in this matter on May 30, 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 the grantee of Plant Breeder’s Rights (“PBR”) under the Plant Breeder’s Rights Act 1994 for a variety of plum registered as the Queen Garnet plum, Application No. 2006/172. The application was filed on June 30, 2006. It was accepted on July 21, 2006, and granted on April 15, 2013. The registration is still in force.

The Complainant has granted a licence over its PBR to Nutrafruit Pty Ltd. Nutrafruit Pty Ltd markets the Queen Garnet plum and related products from, amongst other things, a website at “www.nutrafruit.com.au”.

The Registrar has...