{ "case_number": "CAC-UDRP-101044", "time_of_filling": "2015-09-01 11:21:08", "domain_names": [ "DANSKESPIL.CASINO" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "Danske Spil A\/S" ], "complainant_representative": "Zeusmark Consulting Group, Jean-Jacques Dahan", "respondent": [ "Kortea AB" ], "respondent_representative": null, "factual_background": "The Complainant Danske Spil A\/S is a Danish gaming company based in Denmark. The Danish Parliament founded the Complainant in 1948 and in 2002 the Complainant changed its company name from Dansk Tipstjeneste A\/S to the current name Danske Spil A\/S. \r\n\r\nFrom 1948 up till January 2012 the Complainant had monopoly on providing gaming in Denmark and, after the partial gaming liberalization in January 2012, the Complainant kept its 65-year-old monopoly on providing a number of games, including LOTTO and bingo.\r\n\r\nSince 1948 the Complainant has marketed an increasing number of games and today the Complainant’s gaming business includes all types of betting and lottery games distributed through authorized agents and online via the Complainant’s official website “www.danskespil.dk”.\r\n\r\nThe Complainant is the owner of trademark registrations for the word and figurative trademark DANSKE SPIL.\r\n\r\nThe disputed domain name was registered on June 6, 2015, and is not pointed to an active website.", "other_legal_proceedings": "No legal proceeding has been commenced or terminated in connection with the disputed domain name.", "no_response_filed": "PARTIES’ CONTENTIONS\r\n\r\nA. COMPLAINANT \r\n\r\nThe Complainant highlights that the well-known character of its trademark DANSKE SPIL has been confirmed in previous UDRP decisions, such as Danske Spil A\/S v. Peter Joergensen, WIPO Case no. D2011-0298, and in the decision issued by the Danish Supreme Court in the case Nos. 288\/2009 and 289\/2009, where it was found that the Complainant had established an unregistered right to the trademark and company name DANSKE SPIL since May 2008.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the trademark DANSKE SPIL, in which it holds rights, as it fully incorporates the Complainant’s registered and well-known trademark and company name DANSKE SPIL with the mere addition of the gTLD suffix “.casino”. The Complainant asserts that it is an established and recognized principle under the UDRP that the presence of a generic top level domain such as the .casino designation is irrelevant in the comparison of a domain name to a trade mark.\r\n\r\nThe Complainant submits that the Respondent has not received any license or consent, express or implied, to use the Complainant´s trademark DANSKE SPIL in the disputed domain name or in any other manner from the Complainant, nor has the Complainant agreed in any way to such use or application by the Respondent. \r\n\r\nThe Complainant further states that, to the best knowledge of its knowledge, the Respondent has no legitimate rights in the disputed domain name since i) the Respondent did not use the disputed domain name as a trademark, company name, business or trade name prior to the registration of the disputed domain name, nor is the Respondent otherwise commonly known in reference to the name; and ii) the disputed domain name has not been used for an active website since its registration, thus it was not used in connection with a bona fide offering of goods and services.\r\n\r\nWith reference to the registration of the disputed domain name in bad faith, the Complainant states that, in light of the fact that the Complainant’s company name and trademark DANSKE SPIL has been used 11 years before the Respondent’s registration of the disputed domain name and due to well-known character of the Complainant’s trademark, it is inconceivable that the Respondent registered the domain name without prior knowledge as to the existence of the Complainant and its trademark. The Complainant also claims that the Respondent´s registration of the disputed domain name prevents the Complainant from registering it and use the well-known company name and trademark DANSKE SPIL in the disputed domain name in connection with the Complainant’s gaming business.\r\n\r\nWith reference to the bad faith use, the Complainant asserts that that the Respondent has passively held the disputed domain name as it has not used it in connection with an active website for more than two months. The Complainant alleges that the Respondent has intentionally attempted to attract Internet users to the its website by creating a likelihood of confusion with the Complainant´s trademark and that, as a result of the user traffic to its website, the Respondent could offer to sell the disputed domain name to the Complainant.\r\n\r\nThe Complainant also informs the Panel that the following domain names were transferred to the Complainant through previous UDRP proceedings: (WIPO Case No. D2010-0087), (WIPO Case No. D2011-0298), (WIPO Case No.D2011-0299) and (WIPO Case No. D2011-0300).\r\n\r\n\r\nB. RESPONDENT\r\n\r\nNo administratively compliant response has been filed. ", "rights": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trademark or service 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, to the satisfaction of the Panel, shown that the Respondent has no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii)of the Policy).", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name has been registered and is 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 UDRP were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Luca Barbero" ], "date_of_panel_decision": "2015-10-16 00:00:00", "informal_english_translation": "The Complainant is the owner of several registered word and figurative trademarks in Denmark for DANSKE SPIL, including the word trademark No. VR 2012 01590, registered on June 25, 2015, in classes 16, 36 and 41, and the figurative marks VR 2001 00116, registered on January 5, 2001, in classes 9, 16, 28, 35, 36, 41, 42 and 43, and VR 2006 01391, registered on April 19, 2006, in classes 16, 36 and 41.\r\n\r\nThe Complainant is also the owner of a large number of domain names containing the trademark DANSKE SPIL, including , registered on May 29, 2000, , registered on March 15, 2008, , registered on July 29, 2009, and , registered on August 18, 2015.\r\n", "decision_domains": { "DANSKESPIL.CASINO": "TRANSFERRED" }, "panelist": null, "panellists_text": null }