OceanaGold Corporation v. Privacy service provided by Withheld for Privacy ehf
Claim Number: FA2105001943790
Complainant: OceanaGold Corporation of South Brisbane QLD, Australia.
Complainant Representative:
Complainant Representative: K&L Gates of Melbourne VIC, Australia.
Respondent: Privacy service provided by Withheld for Privacy ehf / Withheld for Privacy Purposes of Reykjavik, Capital Region, International, IS.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC
Registrars: NameCheap, Inc.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
Antonina Pakharenko-Anderson, as Examiner.
Complainant submitted: May 4, 2021
Commencement: May 4, 2021
Default Date: May 19, 2021
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
As per the Complainant contentions, the OceanaGold Corporation (Complainant) is a multinational gold producer established for over 30 years, with offices located in Brisbane, Australia and Denver, USA. The Complainant owns earlier Australian trade mark no. 1250180 OCEANAGOLD in classes 37 and 42 (Trade Mark), as well as the OCEANAGOLD word mark in the USA, Canada, New Zealand and Philippines. The Trade Mark is currently in use (URS 1.2.6.1). The Complainant owns the domain name oceanagold.com at which it operates the official OceanaGold website (OceanaGold Website).
The Respondent registered the disputed domain name <oceanagold.ltd>
on 28 February 2021 without Complainant's permission.
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
[URS
1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark:
(i) for which the Complainant holds a valid national or regional registration
and that is in current use; or
(ii) that has been validated through court proceedings; or
(iii) that is specifically protected by a statute or treaty in effect at the
time the URS complaint is filed.
Determined: Finding for Complainant
The OceanaGold Corporation (Complainant) is a multinational gold producer established for over 30 years, with offices located in Brisbane, Australia and Denver, USA. The Complainant owns Australian trade mark no. 1250180 OCEANAGOLD in classes 37 and 42 (Trade Mark), as well as the OCEANAGOLD word mark in the USA, Canada, New Zealand and Philippines. The Trade Mark is currently in use (URS 1.2.6.1). The Complainant owns the domain name oceanagold.com at which it operates the official OceanaGold website (OceanaGold Website).
With the exception of the addition of the gTLD “.ltd”, as opposed to ".com", which does not form part of the Trade Mark, the disputed domain name is identical to Complainant's registered trademark <OCEANAGOLD >.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Complainant has established Respondent has not right or legitimate interest in the domain name. The Complainant did not license the Respondent to use the domain name and there is nothing to suggest that the Respondent is commonly known by that name.
[URS 1.2.6.3] The domain name(s)
was/were registered and is being used in bad faith.
a. Registrant has registered or acquired the domain name primarily for the
purpose of selling, renting or otherwise transferring the domain name
registration to the complainant who is the owner of the trademark or service
mark or to a competitor of that complainant, for valuable consideration in
excess of documented out-of-pocket costs directly related to the domain name;
or
b.
Registrant has registered the domain name in order to prevent the trademark
holder or service mark from reflecting the mark in a corresponding domain name,
provided that Registrant has engaged in a pattern of such
conduct; or
c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
d. By using the domain name Registrant has intentionally attempted to attract
for commercial gain, Internet users to Registrant’s web site or other online location,
by creating a likelihood of confusion with the complainant’s mark as to the
source, sponsorship, affiliation, or endorsement of Registrant’s web site or
location or of a product or service on that web site or location.
Determined: Finding for Complainant
The Complainant owns the domain name oceanagold.com at which it operates the official OceanaGold website (OceanaGold Website).
The OceanaGold Website features an "about us" front page blurb describing OceanaGold as a "multinational gold producer with global operating, development and exploration experience" who is "committed to the highest standards of technical, environmental and social performance" and operates "in New Zealand, the Philippines and the United States of America ... supported by corporate offices located in Brisbane, Australia, and Denver, United States of America". The OceanaGold Website also offers an "Investor Centre" page where interested parties can find information on shares.
Complainant has established prima facie that The Infringing Website <oceanagold.ltd> mimics the OceanaGold Website with an "about us" section of the same descriptive phrases, including being a "multinational gold producer with global operating, development and exploration experience" who is "committed to the highest standards of technical, environmental and social performance" and "operates in New Zealand, the Philippines and the United States of America ... supported by corporate offices located in Brisbane, Australia, and Denver, United States of America". By utilising all these factors, the Infringing Website purports to be a forum for investing in OceanaGold.
It must be inferred from the above that the Respondent's sole motivation for registering and using the Infringing Domain was to "attract for commercial gain, Internet users to Registrant's website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location" (URS 1.2.6.3(d)).
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name be SUSPENDED for the duration of the registration.
<oceanagold.ltd>
Antonina Pakharenko-Anderson, Examiner
Dated: May 23, 2021
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