WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Crescent Point Energy Corp. v. Dallas Paisley, AAAAA2010.COM Case No. DCO2018-0029 1. The Parties

The Complainant is Crescent Point Energy Corp. of Calgary, Alberta, Canada, represented by Norton Rose Fulbright LLP, Canada.

The Respondent is Dallas Paisley, AAAAA2010.COM of Prince George, British Columbia, Canada. 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 September 14, 2018. On September 17, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On September 17, 2018, the Registrar transmitted by email to the Center its verification response confirming that the 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 the Respondent of the Complaint, and the proceedings commenced on September 25, 2018. In accordance with the Rules, paragraph 5, the due date for Response was October 15, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default October 16, 2018.

The Center appointed Jacques de Werra as the sole panelist in this matter on October 25, 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

The Complainant which was founded in 2001 is one of Canada’s largest light and medium oil producers, based in Calgary, Alberta. The Complainant claims to own the common law trademarks CRESCENT POINT, CRESCENT POINT & DESIGN and CRESCENT POINT ENERGY (together “the Trademarks”). Following an extended period of common law use, the Complainant has applied for various trademark registrations reflecting the Trademarks (specifically in Canada and in the United States of America, it being noted that none of these trademark applications appear to have been registered based on the documents filed by the Complainant). The Complainant provides various services in association with the Trademarks including but not limited to: energy asset management services, namely, acquiring, merging, developing and managing conventional and unconventional oil and gas properties, oil and gas production services, oil and gas treatment services, and exploration and development of hydrocarbons, analysis of oil and gas fields, geophysical exploration for hydrocarbons, geophysical exploration for hydrocarbons, hydrocarbon field surveying, hydrocarbon prospecting, oil and gas well testing and surveying of oil and gas beds and fields.

The Complainant has been featured in various media financial news reports and articles reporting on the Complainant’s oil and gas exploration and production services in which reference was made to “Crescent Point” or “Crescent Point Energy” (which reflect the Trademarks) and which correspond to the Complainant’s corporate name.

The Complainant has been trading on the Toronto Stock Exchange since 2001 and on the New York Stock Exchange since 2014.

The Complainant is the registrant of the domain name , which reflects one of the Trademarks (i.e., CRESCENT POINT ENERGY) and the Complainant’s corporate name.

The Disputed Domain Name was registered on January 18, 2018.

On September 12, 2018, the Disputed Domain Name redirected users to the website “”, which contains a number of references to the Respondent’s name and personal and company contact information.

The Complainant states that on September 7, 2018, the Respondent telephoned the Complainant and alleged that he had been injured at some point in the past while working for a third party contractor on one of the Complainant’s wellsites. During this conversation, the Respondent said that he created the Disputed Domain Name to express grievances in respect of same. The Respondent also indicated that he registered the domain name , which is subject to the jurisdiction of the Canadian Internet Registration Authority (CIRA). Based on the Complainant’s indications, the Respondent’s allegations were investigated by his employer at the time, and the relevant Workers Compensation Board, however neither party found evidence of any incident occurring.

On September 11, 2018, the Complainant issued a letter to the Respondent addressing the Respondent’s unauthorized use of the Disputed Domain Name and the domain name and demanding that the Respondent cease infringing the Trademarks and transfer such domain names to the Complainant. The Complainant has not received a response from the Respondent in relation to this letter.

It results from the documents filed by the Complainant that the Respondent has also registered various domain names (i.e., , , , and ), which correspond to the name and trademarks of other Canadian energy and oil and gas industry companies (i.e., Suncor Energy Inc., Encana Corporation and Tervita Corporation, which operate near identical domain names, namely , and ). As in the case of the Disputed Domain Name, the domain automatically redirects to the Respondent’s website “”. 5. Parties’ Contentions A. Complainant

The Complainant claims that the Disputed Domain Name is identical to one of the Complainant’s Trademarks (i.e., CRESCENT POINT ENERGY) in Canada and the United States of America.

The Complainant claims that the Respondent did not register the Disputed Domain Name until well after the Complainant had begun using and promoting the Trademarks in association with its services and as a result had created widespread recognition of the Trademarks. The Complainant has never authorized the Respondent to reflect the Trademarks in a domain name. The Complainant has not granted the Respondent a license or other authorization for that purpose. Specifically, there is no evidence that the Respondent has: (i) actually used or is prepared to use the Disputed Domain Name in connection with a bona fide offering of goods and services, (ii) has been commonly known by the Disputed Domain Name, or (iii) is making a legitimate noncommercial or fair use of the Disputed Domain Name.

The Complainant claims that the Respondent showed bad faith in registering the Disputed Domain Name on January 18, 2018 when the Trademarks of the Complainant were well known, both in the Respondent’s community and internationally. It further claims that the Respondent registered the Disputed Domain Name intentionally to misdirect customers looking for the Complainant’s website and that the Disputed Domain Name is being used to divert Internet users by creating a likelihood of confusion with the Trademarks, and to benefit from the Trademarks’ goodwill. The Respondent further registered the Disputed Domain Name in order to prevent the Complainant from reflecting its trademarks in a corresponding domain name. Moreover, the Respondent has engaged in a pattern of conduct of improperly registering and using domain names which incorporate the trademarks of other entities operating in the Canadian energy and oil and gas industry and creating we