{ "case_number": "CAC-UDRP-101074", "time_of_filling": "2015-10-07 11:49:00", "domain_names": [ "dafa8828.com", "18dafa.com", "dafa8188.com", "dafa8588.com", "dafa8688.com", "dafa8808.com", "dafa8858.com", "dafa8868.com", "xindafa888.com" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "Emphasis Services Limited" ], "complainant_representative": null, "respondent": [ "Wu Cheng" ], "respondent_representative": null, "factual_background": "The Complainant owns and operates gaming websites under the DAFA brand (www.dafabet.com and www.dafa888.com). DAFABET is currently the official club sponsor for Sunderland and Blackburn Rovers Football Clubs, and the official international betting partner for Everton and Celtic Football Clubs. It has also sponsored high level sporting events such as the World Snooker Championship, and was named by eGaming Review as the 21st most influential e-gaming operator in the world.\r\n\r\nNothing is known about the Respondent, apart from the fact that he is resident in China.\r\n\r\nThe disputed domain names were registered in May 2014. The Complainant has supplied evidence that they were previously being used to point to websites closely resembling those of the Complainant. \r\n", "other_legal_proceedings": "None that the Panel has been made aware of.", "no_response_filed": "Parties' Contentions\r\n\r\nComplainant\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant asserts that the disputed domain names are confusingly similar to the Complainant's DAFA brand as they all use the prefix \"dafa\", with a series of numbers or letters attached to the domain name. The Complainant highlights that in Nintendo of America, Inc. vs. Garett N. Holland et al (Case No. D2000-1483), the WIPO Arbitration and Mediation Center held that a user of a mark may not avoid likely confusion by appropriating another’s entire mark and adding descriptive or non-distinctive matter to it, and further added that a domain may be deemed identical or similar if it incorporates the primary, distinctive element of the trade mark. \r\n\r\nThe Complainant also states that the disputed domain names are pointing to clones of the Complainant’s website and are illegally using the Complainant’s graphics, images, designs, content and logos.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant states that the Respondent does not have a legal right to use the name \"dafa\" as part of its domain names. The Respondent is not in any way connected with the Complainant, nor is it authorized to use its intellectual property rights for its operations as a licensee or in any capacity. Furthermore, the Complainant argues that the Respondent is illegally using the Complainant’s graphics, images, designs, content and logos, all of which are indicative of the Respondent’s intention to deceive users and convince them that the Respondent's websites are affiliated with the Complainant.\r\n\r\nRegistered and used in bad faith\r\n\r\nThe Complainant highlights paragraph 4(b)(iv) of the Policy which states:\r\n \r\n\"(iv) by using the domain name, (Respondent) ha(s) intentionally attempted to attract, for commercial gain, Internet users to (Respondent’s) web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of (Respondent’s) web site or location or of a product or service on (Respondent’s) web site or location.\"\r\n\r\nThe Complainant argues that, as evidenced by screenshots of the Respondent’s websites, the Respondent is not only using the Complainant's trade marks in its domain names, but has virtually cloned the Complainant's website by illegally using the Complainant’s graphics, images, designs, content and logos. In the Complainant's view, this is a blatant attempt to deceive the public and make them think that they are doing business with the Complainant.\r\n\r\nIn addition, the Complainant asserts that the Respondent is well aware that the Complainant is the owner of the DAFA trade mark due to (i) the Complainant's trade mark registrations in various jurisdictions, (ii) the goodwill and notoriety of such trade marks, and (iii) the Respondent’s illegal usage of the Complainant’s logos, content, images and designs on its website.\r\n\r\nThe Complainant also points out that DAFA and DAFABET are not only registered marks in various jurisdictions, but are also well known marks given the Complainant's sponsorship of the English Premier League and the World Snooker Championship. Furthermore, the Complainant points out that any claim by the Respondent to lack knowledge of the Complainant’s trade marks is negated by the fact that the Respondent has used the Complainant’s trade marks on its website. \r\n\r\nThe Complainant also points out that the Respondent has been sent a cease and desist letter, but no reply was received and the illegal activities have continued.\r\n\r\nRespondent\r\n\r\nThe Respondent did not respond to the Complaint.\r\n", "rights": "The Complainant has shown, to the satisfaction of the Panel, that the disputed domain names are confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy). ", "no_rights_or_legitimate_interests": "The Complainant has shown, to the satisfaction of the Panel, that the Respondent has no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii)of the Policy). ", "bad_faith": "The Complainant has shown, to the satisfaction of the Panel, that the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).", "procedural_factors": "The Panel is satisfied that all procedural requirements under the Policy were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Jane Seager" ], "date_of_panel_decision": "2015-11-17 00:00:00", "informal_english_translation": "The Complainant has supplied evidence that it is the owner of a number of registered trade marks in the term DAFA and DAFABET, for example N° 302048148 in Hong Kong, registered on 3 October 2011 (DAFA), N° 2011019075 in Malaysia, registered on 28 October 2011 (DAFA), and Community Trade Mark N° 012067088, registered on 17 February 2014 (DAFABET).", "decision_domains": { "DAFA8828.COM": "TRANSFERRED", "18DAFA.COM": "TRANSFERRED", "DAFA8188.COM": "TRANSFERRED", "DAFA8588.COM": "TRANSFERRED", "DAFA8688.COM": "TRANSFERRED", "DAFA8808.COM": "TRANSFERRED", "DAFA8858.COM": "TRANSFERRED", "DAFA8868.COM": "TRANSFERRED", "XINDAFA888.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }