{ "case_number": "CAC-UDRP-104477", "time_of_filling": "2022-04-06 08:44:57", "domain_names": [ "bwinbet168.net", "bwinsport.org", "bwinbola.net", "bwinbola365.net", "bwinbola365.com", "bwinbola88.com", "bwinsport365.com", "bwinbet303.com", "bwinbet88.com", "bwinsport88.com", "888bwinsport.com", "88bwinsport.com", "bwin-sport88.net", "bwinsport8.com", "888bwinsport.net", "88bwinsport.net", "bwin-sport88.com", "bwinjago.com", "bwinjago.net", "bwincasino88.net", "bwincasino88.com", "bwinparlay.com", "bwinmantap88.com", "parlaybwin.com", "bwinbet365.vip", "bwinbolavip.com", "mainslotbwin.com", "mainslotbwin.net" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Entain Plc" ], "complainant_representative": "Stobbs IP ", "respondent": [ "Budi Tanaka" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Entain Plc, is an international sports-betting and gaming group, operating both online and in the retail sector. The Complainant was incorporated in Luxembourg in 2004 as Gaming VC Holdings S.A. in Luxembourg. The Complainant has traded on the Alternative Investment Market (AIM) of the London Stock Exchange (LSE) since May 24, 2010 and as of October 20, 2021, has a market capitalization value of £12.7 billion. For the relevant financial year ending December 31, 2020, the Complainant’s underlying operating profit for the online gaming business was £679 million. The Complainant’s BWIN brand has a significant reputation and has built up a vast amount of goodwill in the sign in the UK in relation to a wide range of goods and services. The Complainant received significant endorsement for their BWIN brand on social media. \r\n\r\n\r\nThe disputed domain names were registered on the following dates respectively:\r\n\r\n, , : February 16, 2020; \r\n\r\n, : June 20, 2020; \r\n\r\n, : July 11, 2020; \r\n\r\n, : August 16, 2020; \r\n\r\n: October 24, 2020; \r\n\r\n<888bwinsport.com>, <88bwinsport.com>, , , <888bwinsport.net>, <88bwinsport.net>, : December 22, 2020; \r\n\r\n, : January 7, 2021; \r\n\r\n, : April 22, 2021; \r\n\r\n: April 25, 2021; \r\n\r\n, : May 14, 2021; \r\n\r\n: June 1, 2021; \r\n\r\n: June 27, 2021; and\r\n\r\n, : November 29, 2021\r\n\r\n\r\nAll of the disputed domain names resolve to websites which feature the Complainant’s trade mark BWIN, in addition to the advertisement of services related to online gambling and sports betting event. The disputed domain names’ resolving websites display trademarks of third-party gambling companies, and the likeness of well-known international football players. ", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain names.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\ni) The Complainant is the parent company of ‘Entain Operations Limited’ who owns rights in the figurative and word marks associated with the word ‘BWIN’ in several countries and regions, inter alia:- the EUIPO trademark ‘bwin’ (registration number 7577281 registered on January 18, 2010); the UK IPO trademark ‘bwin’ (registration number UK00907577281 registered on December 10, 2009); the Australia IPAU trademark ‘BWIN’ (registration number 1122305 registered on February 3, 2006); and the Canada CIPO trademark ‘BWIN’ (registration number 1542916 registered on January 19, 2016). Therefore, the Complainant has rights in the ‘BWIN’ word mark and the figurative marks associated with the word ‘BWIN.’ Each of the disputed domain names is confusingly similar to the Complainant's marks.\r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain names. The disputed domain names resolve to live sites. The Respondent has used the disputed domain names in addition to the use of the BWIN trade mark for the purpose of imitating the Complainant’s genuine website. Use of the BWIN mark to imitate the Complainant’s genuine website cannot constitute a bona fide offering of goods or services. The Respondent has not been commonly known by the disputed domain names. The Respondent is not making a legitimate, non-commercial or fair use of the disputed domain names. The disputed domain names are being used to free ride on the distinctive trade mark BWIN, in addition to the advertisement of services related to online gambling and sports betting event. \r\n\r\niii) The Respondent has registered and is using the disputed domain names in bad faith. It is inconceivable that the Respondent could have registered the disputed domain names without actual knowledge of the Complainant's rights in the trade mark. The disputed domain names resolve to websites displaying and advertising online gambling and betting activities. The intention of the Respondent is therefore to attract users for commercial gain, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the website, constituting bad faith under paragraph 4(a)(iii) of the Policy. The Respondent has engaged in a pattern of bad faith conduct through the registration of the disputed domain names per paragraph 4(b)(ii) of the Policy. \r\n\r\n\r\nRESPONDENT:\r\n\r\nRespondent did not submit a response in this proceeding.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 the Respondent to have 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, to the satisfaction of the Panel, shown 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 UDRP were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Mr. Ho-Hyun Nahm, Esq." ], "date_of_panel_decision": "2022-05-18 00:00:00", "informal_english_translation": "The Complainant is the parent company of ‘Entain Operations Limited’ who owns rights in the figurative and word marks associated with the word ‘BWIN’ in several countries and regions, inter alia:\r\n\r\n- the EUIPO trademark ‘bwin’ (registration number 7577281 registered on January 18, 2010);\r\n\r\n- the UK IPO trademark ‘bwin’ (registration number UK00907577281 registered on December 10, 2009);\r\n\r\n- the Australia IPAU trademark ‘BWIN’ (registration number 1122305 registered on February 3, 2006); and\r\n\r\n- the Canada CIPO trademark ‘BWIN’ (registration number 1542916 registered on January 19, 2016).\r\n", "decision_domains": { "BWINBET168.NET": "TRANSFERRED", "BWINSPORT.ORG": "TRANSFERRED", "BWINBOLA.NET": "TRANSFERRED", "BWINBOLA365.NET": "TRANSFERRED", "BWINBOLA365.COM": "TRANSFERRED", "BWINBOLA88.COM": "TRANSFERRED", "BWINSPORT365.COM": "TRANSFERRED", "BWINBET303.COM": "TRANSFERRED", "BWINBET88.COM": "TRANSFERRED", "BWINSPORT88.COM": "TRANSFERRED", "888BWINSPORT.COM": "TRANSFERRED", "88BWINSPORT.COM": "TRANSFERRED", "BWIN-SPORT88.NET": "TRANSFERRED", "BWINSPORT8.COM": "TRANSFERRED", "888BWINSPORT.NET": "TRANSFERRED", "88BWINSPORT.NET": "TRANSFERRED", "BWIN-SPORT88.COM": "TRANSFERRED", "BWINJAGO.COM": "TRANSFERRED", "BWINJAGO.NET": "TRANSFERRED", "BWINCASINO88.NET": "TRANSFERRED", "BWINCASINO88.COM": "TRANSFERRED", "BWINPARLAY.COM": "TRANSFERRED", "BWINMANTAP88.COM": "TRANSFERRED", "PARLAYBWIN.COM": "TRANSFERRED", "BWINBET365.VIP": "TRANSFERRED", "BWINBOLAVIP.COM": "TRANSFERRED", "MAINSLOTBWIN.COM": "TRANSFERRED", "MAINSLOTBWIN.NET": "TRANSFERRED" }, "panelist": null, "panellists_text": null }