WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION The Trustees for the time being of the Nelson Mandela Foundation Trust v. Domains By Proxy, LLC / Rafael Trevisan, Trevis, Inc. Case No. D2019-0372 1. The Parties

The Complainant is The Trustees for the time being of the Nelson Mandela Foundation Trust of Johannesburg, South Africa, represented by Edward Nathan Sonnenbergs Inc., South Africa.

The Respondent is Domains By Proxy, LLC of Scottsdale, Arizona, United States of America / Rafael Trevisan, Trevis, Inc. of Sao Paulo, Brazil. 2. The Domain Name and Registrar

The disputed domain name is registered with GoD, LLC (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 18, 2019. On February 19, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 19, 2019, the Registrar transmitted by email to the Center its verification response registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on February 20, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on February 22, 2019. On February 22, 2019, the Center received an email communication from the Respondent.

The Center verified that the Complaint together with the amended 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 the Respondent of the Complaint, and the proceedings commenced on March 27, 2019. In accordance with the Rules, paragraph 5, the due date for Response was April 16, 2019. No formal response was filed with the Center.

The Center appointed Warwick A. Rothnie as the sole panelist in this matter on May 1, 2019. 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

The Complainants are the Trustees of the Nelson Mandela Foundation Trust. The Trust was founded by the late Nelson Mandela in 1999 to contribute to the promotion of social justice. Programs it operates include the Nelson Mandela International Dialogues and the Nelson Mandela Annual Lecture series as well as many community based projects including Mandela Day held annually on July 18.

Amongst other things, the Complainants are the owners of registered trademarks for:

(a) NELSON MANDELA and device in South Africa, Numbers 1999/22179 – 22191, for a wide range of goods and services in International Classes 9, 14, 16, 18, 20, 24, 25, 27, 28, 35, 36, 41 and 42, which were filed on November 29, 1999,

(b) NELSON MANDELA in South Africa for goods and services in International Classes 16 and 35, Numbers 2004/17449 and 2011/29648, which were filed on, respectively, October 4, 2004 and November 17, 2011,

(c) NELSON MANDELA in the United Kingdom, Trademark No. 2391453, also for goods and services in International Classes 14 and 35 and which was filed on May 10, 2005, and

(d) MANDELA in South Africa for a wide range of goods and services in International Classes 14, 16, 36 and 41, Numbers 2004/17458, 2004/17460, 2004/17461 and 2011/29647 – the 2004 marks were filed on October 4, 2004 and the class 14 mark was filed on November 17, 2011.

The Complainants also have numerous domain names, the main one from which they operate being .

The Respondent1 registered the disputed domain name on September 26, 2000.

The disputed domain name resolves to a webpage which features a banner across the top. On the left of the banner is a circular device and the word “Mandela”, then headings or links for “Home”, “Download”, “Blog”, “Support” and “Contact”.

The “Home”, “Support” and “Contact” pages include another prominent banner or notice which states “Yeah, this page is under construction forever, however if you need support you always can send an email to support@” or variations on this message.

Although not reproduced in the printout annexed to the Complaint, the homepage also includes a Flash component above the “under construction” message which displays a rotating sequence of graphs such as “Alert Errors”, “CPU Usage” etc.

The footer of the homepage includes links for “Latest from the Blog”, “Useful Links” (with links to Oracle Technology Network, oradeep and VictorDBA.net), standard “Follow Us” buttons and “Join our Mailing List”. There is a copyright footer “Copyright © Mandela Inc. All rights reserved”.

Clicking on the “Downloads” link automatically downloads to one’s computer some software files including one called “mandela.exe”.

The Blog page has one post, apparently from February 2012, “Waiting for ‘PX DEQ CREDIT:SEND BLKD’?” This appears to be a technical discussion about ways to reduce the time for the named function to be carried out. The blog post includes a single reference to “Mandela” as a program which can be used to readily identify whether the user’s database is “expecting too much” for “PX Deq Credit:send blkd”. 5. Discussion and Findings

Paragraph 4(a) of the Policy provides that in order to divest the Respondent of the disputed domain name, the Complainants must demonstrate each of the following:

(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights, and

(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name, and

(iii) the disputed domain name has been registered and is being used in bad faith.

Paragraph 15(a) of the Rules directs the Panel to decide the Complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.

The Panel notes that the Registrar has confirmed that the registration agreement is in English. The website to which the disputed domain name resolves is in English. Furthermore, the Second-named Respondent has also submitted a response in English.