The Complainant established its case and the panelist
therefore transferred the Domain Name bhpbilliton.ca to the Complainant.
The registrant (Abdelmoula Mouhsin) did not respond to the
Complaint. The Complainant boasts on its website that it is the world’s largest
diversified natural resources company. It registered its BHP BILLITON
trade-mark in Canada in April, 2011. The Domain Name was registered on March
19, 2012. Immediately thereafter, the
Complainant received an offer to purchase the Domain Name from the
Registrant. Counsel for the Complainant responded and requested the immediate transfer of the Domain Name, but there was no
response. The website was being parked
by Go Daddy, the Registrar. As part of its bad faith analysis, the Panelist
found the Registrant could have easily learned (or was wilfully blind) about
the popularity of the well-known company, BHP Billiton Group (and presumably
its trade-mark rights), by searching the Internet.
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