Australian company didn’t disclose prior purchase attempt and its rights post-dated domain registration.
The travel company filed an aUDRP against the domain name etg.com.au. It uses the domain name etg.travel.
The panel found that Orient Express Travel Group was less-than-forthcoming in its aUDRP filing. It didn’t disclose that it first attempted to buy the etg.com.au domain name before filing for arbitration.
Also, its case was based on common law rights that the panel determined are very recent (if existent), and postdate etg.com.au’s registration date by about six years.
The complainant was represented by Norgate McLean Dolphin, and the respondent was represented by Cooper Mills Lawyers.