WIPO Domain Name Decision DCC2019-0008 for questrade.cc
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Questrade, Inc. v. WhoisGuard Protected, WhoisGuard, Inc. / 247, naijajamz247 plc Case No. DCC2019-0008 1. The Parties
Complainant is Questrade, Inc., Canada, represented internally.
Respondent is WhoisGuard Protected, WhoisGuard, Inc., Panama / 247, naijajamz247 plc, Nigeria. 2. The Domain Name and Registrar
The disputed domain name (the “Domain Name”) is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 31, 2019. On August 1, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On August 1, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on August 5, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on August 9, 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 Respondent of the Complaint, and the proceedings commenced on August 13, 2019. In accordance with the Rules, paragraph 5, the due date for Response was September 2, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on September 3, 2019.
The Center appointed Ingrida Karina-Berzina as the sole panelist in this matter on September 9, 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
Complainant is a corporation incorporated in Canada and operating as a registered online securities brokerage firm in Canada primarily through a website at “”. Complainant and its affiliates have been using the QUESTRADE mark (the “Mark”) since June 1, 2000.
Complainant is the proprietor of several trademark registrations incorporating the Mark, including Canadian trademark No. 1150399 QUESTRADE for (1) Financial services, namely securities clearing, underwriting, financial advisory services, option trading, futures trading, currency trading, commodities trading; software development services. (2) Brokerage services, namely discount brokerage services, on-line brokerage services, day trading services, and on-line trading; financial services, namely lending and financing; providing on-line access to trading software, registered on September 7, 2005.
Respondent registered the Domain Name on June 30, 2019, using a privacy service. The Domain Name does not currently resolve to an active website, but it previously resolved to a website containing Complainant’s Mark and offering visitors the opportunity to create a user account for investment services by entering personal data. The Registrar identified the registrant of the Domain Name as 247, naijajamz247 plc, Nigeria, and Respondent did not respond to the Complaint.
The Complaint includes a printout of a complaint filed to the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) by Complainant alleging trademark infringement at . 5. Parties’ Contentions A. Complainant
In respect of the first element, Complainant alleges that it has well-established rights in the Mark, which is registered for financial services and brokerage services. The Domain Name incorporates the Mark in its entirety.
In respect of the second element, Complainant alleges that it has been using the Mark since June 1, 2000, and that Complainant is a corporation, incorporated and subsisting under the laws of Ontario, Canada, carrying on business as an online securitie