{ "case_number": "CAC-UDRP-105085", "time_of_filling": "2022-12-23 11:21:16", "domain_names": [ "urheiluveikkaus24.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Veikkaus Oy" ], "complainant_representative": "Paula Sailas Partner, IP Lawyer, Licenced Legal Counsel (Berggren Oy)", "respondent": [ "Sirp Hederik De Wit" ], "respondent_representative": null, "factual_background": "

The Complainant, Veikkaus Oy, is a state owned monopoly, which under Finnish law has the exclusive right to conduct lottery, game of chance and betting services in Finland. All the Complainant’s profits must be used for the benefit of society.<\/p>\n

Veikkaus was formed in 1940 for sports betting. The term “sports betting” is “urheiluveikkaus” in Finnish. Veikkaus Oy was created in 2017 by the merger of the Finnish gaming operators Veikkaus (betting and lottery), Fintoto (horse racing) and RAY (casino).<\/p>\n

The Complainant owns numerous national trademark registrations in Finland for VEIKKAUS that predate the registration of the disputed domain name. It also owns numerous domain name registrations that include the term VEIKKAUS, such as <veikkaus.com>; <veikkaus.fi>; <playveikkaus.com>; <veikkausgames.com>; <veikkauspoints.fi>; <playveikkaus.fi>; <liigaveikkaus.fi> and <moniveikkaus.fi>.<\/p>\n

The Respondent registered the disputed domain name, <urheiluveikkaus24.com>, on 9 November 2021 using a privacy service. The disputed domain name resolves to a website in Finnish. It features information about the Complainant and its monopoly and about sports betting; it has links to third party gambling services.<\/p>\n

THE PARTIES’ CONTENTIONS<\/strong><\/p>\n

The Complainant<\/strong><\/p>\n

The Complainant states that under Finnish law it is the only company entitled to offer gambling, betting and lottery in Finland. It operates under strict monitoring and control to ensure gaming is operated responsibly. The system aims to protect those engaging in games of chance, and to prevent gambling-related fraud. Any profit gained must be used for the benefit of society.<\/p>\n

The Complainant asserts that the disputed domain name is confusingly similar to its VEIKKAUS trademarks, which predate the registration of the disputed domain name. It submits that:<\/p>\n

    \n
  1. VEIKKAUS is the dominant feature of the disputed domain name. The Finnish word “urheilu”, meaning “sport” is a generic term the Complainant uses when it organises sports betting, and the number 24 refers to time, indicating it operates 24 hours a day;<\/li>\n
  2. Internet users are likely to assume that the disputed domain name belongs to the Complainant, as it is the only official and legitimate sports betting operator in Finland. About 40% of Finnish adults play VEIKKAUS games and use their betting services weekly, and more than 80% of adults have played VEIKKAUS at least once. Given the Complainant’s monopoly status in Finland, any references to “Veikkaus” on the Respondent’s website refers to the Complainant and utilises its goodwill and reputation, and indicates an awareness of the intellectual property rights its games; and<\/li>\n
  3. given that the Complainant owns similar domains names, such as <veikkaus.com>, <playveikkaus.com> and <veikkausgames.com>, consumers will presume that the disputed domain name is also owned by the Complainant, or it has some other close connection to it.<\/li>\n<\/ol>\n

    The Complainant asserts that <\/strong>the Respondent has no right or legitimate interest in the disputed domain name and states:<\/p>\n

      \n
    1. the Complainant’s trademarks predate the registration of the disputed domain name;<\/li>\n
    2. the Respondent does not have any rights preceding those of the Complainant to the name “VEIKKAUS, nor any prior rights to “URHEILUVEIKKAUS24”;<\/li>\n
    3. the Complainant does not have any business relationship with the Respondent, nor is the Respondent affiliated with the Complainant, nor authorised to use the Complainant’s trademark, VEIKKAUS;<\/li>\n
    4. the linked website has information on different sports betting services of the Complainant and uses other trademarks owned by the Complainant, which proves the that the Respondent knows the Complainant, its business and brands very well;<\/li>\n
    5. the disputed domain name resolves to a website in Finnish which targets Finnish consumers. It provides links to gambling and betting sites that are in breach of Finnish law, citing “OHMYZINO”, which leads to casino and gambling websites in Finnish aimed at the Finnish consumer; and<\/li>\n
    6. the Respondent will derive income from the disputed domain name as it is used as a part of an affiliate marketing scheme.<\/li>\n<\/ol>\n

      The Complainant asserts that the disputed domain was registered and used in bad faith and says the Respondent:<\/p>\n

        \n
      1. knew of the Complainant and its business when it registered the disputed domain name and incorporated commonly used search words to find sports betting services in Finland;<\/li>\n
      2. registered the disputed domain name in bad faith for profit and to prevent the Complainant from registering it for itself;<\/li>\n
      3. has used the disputed domain name with the intention of attracting Internet users to the Respondent’s website by creating a likelihood of confusion with the Complainant’s betting operations and its well-known VEIKKAUS trademark;<\/li>\n
      4. is not compliant with Finnish law and its actions cause harm and inconvenience to the Complainant's strictly regulated business and to Finnish consumers who may believe that a Finnish-language gambling website has some connection to the Complainant’s well-regulated betting activities; and<\/li>\n
      5. derives commercial benefit from users visiting its website and finding links to webpages that cannot be legally marketed to Finnish consumers, and even if it was not the Respondent’s original intention to the cause harm to the Complainant, the consequences of the Respondent’s actions have resulted in it doing so (See Paule Ka v. Paula Korenek, WIPO Case No. D2003-0453).<\/li>\n<\/ol>\n

        The Respondent<\/strong><\/p>\n

        The Respondent asserts that:<\/p>\n

          \n
        1. “Veikkaus” is a Finnish word verb meaning “betting” or “to bet”, and is used in its Finnish domain name as in other connected domain names, such as <sportsbetting24.ca> in the Canadian market; <sportsbetting24.in> in the Indian market; and <urheiluveikkaus24.com> in the Finnish market;<\/li>\n
        2. it is impossible to stop other parties from using a particular word in a domain name: “veikkaus” is in the middle of the disputed domain name, behind “urheilu” and before “24” and being unique is not a trademark infringement, and it is not targeting <veikkaus.biz> or <veikkaus.net> but using a phrase including the word “veikkaus” plus the international top-level domain “.com”;<\/li>\n
        3. many other sports or casino betting affiliate sites use the word “veikkaus” in their domain name; and the respondent is not promoting or monetising the sports betting brand Veikkaus but only sending traffic to other sports betting operators; and<\/li>\n
        4. the Finnish gambling market is not regulated and this might still be two or three years away, and the Respondent is not violating any rules but running a legal online affiliation sports betting company.<\/li>\n<\/ol>", "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 name.<\/p>", "no_response_filed": null, "rights": "

          The Complainant has, to the satisfaction of the Panel, shown 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).<\/p>", "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 name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "

          The Complainant has, to the satisfaction of the Panel, shown 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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Veronica Bailey" ], "date_of_panel_decision": "2023-01-30 00:00:00", "informal_english_translation": "

          The Complainant has submitted evidence to show it owns numerous national trademark registrations in Finland which include:<\/p>\n

            \n
          • Registration number 49407 for VEIKKAUS, registered on 20 January 1967, in classes 16, 20, 22 and 24;<\/li>\n
          • Registration number 128212 for VEIKKAUS, registered 20 September 1993, in classes 16, 20, 22, 24 and 36;<\/li>\n
          • Registration number 248158 for VEIKKAUS, filed on 27 September 2005, and registered 15 February 2010 in classes 16, 20, 22 and 24;<\/li>\n
          • Registration number 2372244 for VAKIO VEIKKAUS, registered 31 October 2006 in classes 16, 25, 28 and 41;<\/li>\n
          • Registration number 237247 for V5 VEIKKAUS, registered 31 October 2006 in classes 16, 25, 28 and 41;<\/li>\n
          • Registration number 238854 for CASINO VEIKKAUS, registered 31 October 2006 in classes 16, 28 and 41;<\/li>\n
          • Registration number 238788 for LOTTO VEIKKAUS, registered 31 October 2006 in classes 16, 28 and 41;<\/li>\n
          • Registration number 248158 for VEIKKAUS, registered on 15 February 2010, in classes 35 and 42;<\/li>\n
          • Registration number 258391 for VEIKKAUS MAAILMAN PARHAALLE, registered 31 May 2013, in classes 9, 16, 28 and 41;<\/li>\n
          • Registration number 260074 for X VEIKKAUS EXPRESS, registered 31 December 2013, in classes 9, 16, 28, and 41;<\/li>\n
          • Registration number 261522 for VEIKKAUS POINTS, registered 30 July 2014, in classes 9, 16, 28, and 41;<\/li>\n
          • Registration number 266351 for VEIKKAUS, registered 8 April 2016, in classes 9, 16, 28, 35, 36, 38, 41 and 42;<\/li>\n
          • Registration number 267852 for VEIKKAUS, registered 16 June 2016, in classes 9, 16, 18, 25, 28, 35, 36, 38, 41,42 and 43;<\/li>\n
          • Registration number 282712 for VEIKKAUS PLAY, registered 4 February 2022, in classes 9, 28, 35, 41, and 42; and<\/li>\n
          • Registration number 283980 for VEIKKAUS, registered 22 September 2022, in classes 9, 28, and 41.<\/li>\n<\/ul>\n

            The Complainant also owns numerous domain name registrations that include the term “veikkaus”.<\/p>", "decision_domains": { "urheiluveikkaus24.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }