WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Absa Group Limited v. Kabelo Molefi Case No. D2018-2294 1. The Parties

Complainant is Absa Group Limited of Johannesburg, South Africa, represented by Moore Attorneys Incorporated, South Africa.

Respondent is Kabelo Molefi of Gaborone, Botswana, self-represented. 2. The Domain Name and Registrar

The disputed domain name (the “Domain Name”) is registered with 101domain, Inc. (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 10, 2018. On October 10, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On October 15, 2018, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on October 23, 2018. In accordance with the Rules, paragraph 5, the due date for Response was November 12, 2018. The Center received informal communications from Respondent on October 25, 2018. The Response was filed with the Center on November 1, 2018.

The Center appointed Robert A. Badgley as the sole panelist in this matter on November 22, 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

Complainant is a financial services firm based in South Africa. Complainant asserts, plausibly and with some record support, that it is “one of South Africa’s biggest retail banks,” with 42,000 employees, 1,251 branch locations, and more than 1.7 million customers.

For approximately 30 years, Complainant has offered various banking and insurance services under the mark ABSA. Complainant holds numerous registered trademarks in South Africa for the ABSA mark, including ten such registrations dating back to 1991.

Complainant maintains an active Internet presence in aid of its business, with more than 400,000 Facebook followers and 48,000 Twitter followers. Since 1995, Complainant has owned the domain name , and uses that domain name and others for its website.

Complainant alleges, based on various awards it has received, various prior tribunal decisions concerning its ABSA mark, and evidence of its annual advertising expenditures, that the ABSA mark is well known.

The Domain Name was registered on May 3, 2018. It does not resolve to an active website.

On June 13, 2018, Complainant’s counsel sent a cease-and-desist letter to Respondent, asserting Complainant’s rights in the ABSA mark, alleging that Respondent’s registration of the Domain Name is an improper and actionable attempt to pass Respondent off as Complainant, and demanding that Respondent transfer the Domain Name. There was no response to this cease-and-desist letter.

On November 1, 2018, Respondent sent the following email to the Center in response to the Complaint:

“Thank you for the email, I can firstly assure you that there was no malicious intent on the acquisition of this domain on our behalf. There is no ABSA bank in Botswana were [sic] our business in based, and logically we thought ABSA operates under the .CO.ZA domain which is the South African region.

We require that you please explain what we could have been the issue for our business to have acquired this domain so we could all be in the same page and resolved this matter as soon as possible as we have products that we a launching under our company?

For the matter to be resolved quickly, do you require us to get legal representation?

A brief synopsis of what we do as Absolute Business Southern Africa.
I will take this opportunity to formally introduce myself and our business.
We are Absolute Business Southern Africa (ABSA) our core business is focused on the ICT space within the SADC region, our regional head office is located in Gaborone, Botswana. We are not a financial institution not are we Fintech business.

Our services in the SADC region are primarily focused on the following

1. Facilitating the collaboration of ICT SME’s/startups in the SADC region.
2. We also assist SME’s/startups on taking advantage of the opportunities in the SADC region by helping them navigate the oldest customs union in the world, Southern African Customs Union (SACU).
3. We also assist SME/startups to take advantage of startup competitions in the SADC region and globally such as (we have had some successes)

TIA ICT startup challenge in the USA.
Swisscom startup challenge.
Innovators Showcase.
etc.

Absolute Business Southern Africa’s digital business directory is the future flagship software solution with features that inc