WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION APT Asia Pacific Pty Ltd v. Registration Private, Domains By Proxy, LLC / Adelle Elmazovski Case No. D2019-0479 1. The Parties

The Complainant is APT Asia Pacific Pty Ltd of Dandenong, Victoria, Australia, represented by Sparke Helmore Lawyers, Australia.

The Respondent is Registration Private, Domains By Proxy, LLC, of Scottsdale, Arizona, United States of America (“United States”) / Adelle Elmazovski of Miami, Florida, United States. 2. The Domain Name and Registrar

The disputed domain name (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 March 1, 2019. On March 1, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On March 1, 2019, the Registrar transmitted by email to the Center its verification response disclosing 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 March 4, 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 March 8, 2019.

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 8, 2019. In accordance with the Rules, paragraph 5, the due date for Response was March 28, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 29, 2019.

The Center appointed Michael D. Cover as the sole panelist in this matter on April 8, 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 Complainant is an Australian-registered proprietary company. The Complainant is a member company of the APT Advanced Polymer Group of companies, specializing in the development, manufacture, sale, and installation of chemical products, such as artificial turf, synthetic sport and leisure surfaces, and acrylic coatings.

APT Group was founded in 1994 and now contains a number of region-specific divisions, including APT Asia Pacific.

APT USA is the registered owner of some 200 trademarks in respect of goods and services in Nice classifications 1, 2, 19, 20, 22, 24, 27, 28, and 37 (e.g. WALK-TOP, registration no. 0615065, registered on November 1, 1955). The Complainant is a wholly-owned subsidiary of APT USA.

APT USA claims unregistered trademark rights in the APT trademark since 1994, noting the substantial investment and promotion of the APT trademark that APT Group and each of its subsidiary members has conducted worldwide since APT’s incorporation in July 1994.

The Complainant also claims unregistered common law rights to the APT ASIA PACIFIC trademark since 2013. Annex 5 to the Complaint shows that the Complainant changed its corporate name to the current style on October 31, 2013. As such, the Complainant has traded as APT Asia Pacific since at least as early as October 2013.

There are also three domain names which feature the APT ASIA PACIFIC trademark and these are , and . As set out in Annex 9 to the Complaint, the domain name has been registered in the name of the Complainant since approximately June 2016.

All that is known about the Respondent is that it is Registration Private, Domains by Proxy, LLC of Scottsdale, Arizona, United States / Adelle Elmazovski of Miami, Florida, United States

The Disputed Domain Name was registered February 3, 2019. 5. Parties’ Contentions A. Complainant

The Complainant notes the definition of a “trademark” in the Policy includes unregistered rights and continues that significant goodwill and reputation has been built up in the APT trademark and the APT AISA PACIFIC trademark. All such use has been under the authority of APT USA.

The Complainant then goes on to deal with rights and standing of the Complainant and notes that the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”) states that a trademark owner’s affiliate or licensee is considered to have rights in a trademark for the purposes of the UDRP.

The Complainant then goes on to set out the Complainant is a wholly-owned subsidiary of APT USA and a trademark licensee of APT USA in addition. Identical or Confusingly Similar

The Complainant submits the Disputed Domain Name is comprised of the dominant distinctive feature APT, the geographic descriptor “Asia Pacific” and the generic Top-Level Do