Telstra Corp. Ltd. v. Nuclear Marshmallows Case No. D

2000-0003 (2000)

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Nature of the Case

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Facts

P is incorporated in Australia. D is an unregistered business name of an unidentifiable business entity. P is the largest company listed on the Australian stock exchange, having a market capitalization of approximately $A62 billion. It is the largest provider of telecommunications and information services in Australia, with financial year 1998-99 revenue exceeding $A16 billion. P is the proprietor of more than 50 registrations in Australia of trademarks consisting of or containing the word TELSTRA. D is the registrant of the domain name telstra.org. The name does not resolve to a web site or other on-line presence. The postal address of D and its contact is a post office box in a town in the State of New South Wales, Australia. It is not possible to identify the legal entity conducting business in Australia under the D’s name. D gave fake names and information as to its contact point. The street and post box addresses of D were for persons unassociated with D, and that the telephone number was for a person unassociated with D. P brought this complaint before WIPO.