{
    "case_number": "CAC-UDRP-103651",
    "time_of_filling": "2021-04-13 09:48:49",
    "domain_names": [
        "norge-mining.ltd"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Norge Mining PLC"
    ],
    "complainant_representative": "Fladgate LLP",
    "respondent": [
        "David Oladele"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a Public Limited Company incorporated in England and Wales on 29 November 2018.  It is a natural resources company focused on mineral exploration in Norway.\r\n\r\nThe Respondent is an individual located in Nigeria.\r\n\r\n\r\nThe disputed domain name was registered on 30 November 2020. At the time that the Complaint was filed, the disputed domain name pointed to a website purportedly offering investment opportunities related to cryptocurrencies. The website was headed:\r\n\r\nProfessional Trading On Cryptocurrency, Make Profit on Money of the Future Today” and contained a description of the company starting with the following words:\r\n\r\n“Norge Mining is an officially registered company (…)”.\r\n\r\nThe website also displayed the Complainant’s incorporation certificate as though it were the Respondent’s.\r\n\r\n\r\n\r\nParties' Contentions\r\n\r\nComplainant\r\n\r\nThe Complainant asserts that it has attracted significant reputation and goodwill by virtue of its use of the Norge Mining name, and lists various examples of this, such as its purchase of 46 licences for mining activities in the Scandinavian region, its press announcement concerning the confirmation of a world-class mineral resource at Øygrei, its membership of a number of environmental sustainability initiatives, the fame of its directors and the amount of its investment over the last 15 months.\r\n\r\nThe Complainant argues that the disputed domain name is identical to a trademark or service mark in which the Complainant has rights. The Complainant submits that it has utilised and traded under the trade name and unregistered trademark NORGE MINING since its incorporation on 29 November 2018. \r\n\r\nIn the Complainant’s opinion, the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant states that the Respondent has not, as an individual, business, or other organisation been commonly known by the disputed domain name nor is he making a legitimate non-commercial or fair use of the disputed domain name.\r\n\r\nAccording to the Complainant, the disputed domain name was registered and is being used in bad faith. The Complainant underlines that the disputed domain name was registered on 30 November 2020, over two years after the Complainant incorporated its company under the name Norge Mining, and after the Complainant had begun to build significant goodwill and reputation. The Complainant states that its incorporation was a matter of public record, and that a simple search engine search brings up significant results regarding the existence and activities of the Complainant.\r\n\r\nThe Complainant asserts that the Respondent’s use of a privacy service in order to mask his real identity further suggests that the disputed domain name was registered in bad faith.\r\n\r\n\r\nFurthermore, the website associated with the disputed domain name contained the following statement:\r\n\r\n“Norge Mining is registered in the Seychelles as Norge Mining MINING TECHNOLOGIES LTD”.\r\n\r\nHowever, an official company search carried out by the Complainant revealed that that there was no such company registered in the Seychelles. \r\n\r\nFinally, the Complainant notes that the Respondent attempted to pass the incorporation certificate of the Complainant off as his own, despite there being no connection between the Complainant and the Respondent, presumably in an attempt to allay the concerns of potential investors.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "The Respondent did not submit an administratively compliant Response, but did send an email after the deadline for the Response had passed, asserting that he was a developer instructed by a third party and had now taken down the website.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Jane Seager"
    ],
    "date_of_panel_decision": "2021-06-08 00:00:00",
    "informal_english_translation": "The Complainant has utilised and traded under the trade name and unregistered trademark NORGE MINING since its incorporation on 29 November 2018, as detailed on its website  at www.norgemining.com. ",
    "decision_domains": {
        "NORGE-MINING.LTD": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}