{ "case_number": "CAC-UDRP-106475", "time_of_filling": "2024-04-23 13:02:17", "domain_names": [ "veikkaus.info" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Veikkaus Oy" ], "complainant_representative": "Paula Sailas (Berggren Oy)", "respondent": [ "THE BONE TERPERCAYA" ], "respondent_representative": null, "factual_background": "

The Complainant is a Finish state-owned company and the only official betting and lottery draw service provider in Finland with the exclusive right to conduct lottery, betting and games of chance in Finland.<\/span><\/p>\n

The disputed domain name, <veikkaus.info> was registered on 20 January 2024 and resolves to an active website which incorporates links to gambling websites and promotes betting and gambling services.  <\/span> <\/span><\/p>\n

No information is known about the Respondent who registered the disputed domain name under privacy service.<\/span><\/p>", "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": "

COMPLAINANT' CONTENTIONS:<\/span> <\/span><\/p>\n

Identical or confusingly similar<\/span><\/em><\/strong> <\/span><\/em><\/strong><\/p>\n

The Complainant argues that the disputed domain name <veikkaus.info> and the Complainant's registered trademark VEIKKAUS are confusingly similar.<\/span> <\/span><\/p>\n

Particularly, the Complainant contends that its trademark is fully contained within the disputed domain name. The Complainant points out that since Veikkaus is the only official betting service provider in Finland, Internet users are likely to assume that the disputed domain name <veikkaus.info> belongs to the Complainant due to the identity of the disputed domain name and the Complainant’s registered trademark.<\/span><\/p>\n

No rights or legitimate interests<\/span><\/strong> <\/span><\/p>\n

The Complainant argues that the Respondent has no prior rights to “VEIKKAUS” or to the disputed domain name <veikkaus.info>. The Respondent is neither affiliated with the Complainant nor authorized by Veikkaus to use the trademark VEIKKAUS. The Complainant does not have any business relationship with the Respondent. On the contrary, the Respondent's website provides links to gambling sites or other inappropriate material that are in breach of Finnish law. <\/span><\/p>\n

Registered and used in bad faith<\/span><\/strong> <\/span><\/strong><\/p>\n

Regarding bad faith registration, the Complainant states that the Respondent applied for the domain name <veikkaus.info> in bad faith, solely for profit, and to prevent Veikkaus from registering the domain for itself.<\/span><\/p>\n

Moreover, the Complainant contends that the website veikkaus.info, hosted on the disputed domain name, contains information and links to different betting services, giving the impression that it is maintained by or on behalf of the Complainant, or that the pages are released with the Complainant's consent or in cooperation with the Complainant.<\/span> <\/span><\/p>\n

Given that the Complainant is the only company legally entitled to offer gambling, betting, and lottery services in Finland and operates under strict monitoring and control, the Complainant considers that the Respondent's use of the disputed domain name is not compliant with the law. Additionally, it causes harm and inconvenience to the Complainant's strictly regulated gambling business in Finland.<\/span> <\/span><\/p>\n

Therefore, in the Complainant's view, all the circumstances prove that the Respondent is well aware of the Complainant Veikkaus, its business, and its brands. The Respondent used the disputed domain name to attract Internet users to the website for commercial gain or primarily to disrupt the business of a competitor (the Complainant).<\/span> <\/span><\/p>\n

RESPONDENT'S CONTENTIONS:<\/span><\/p>\n

The Respondent has not responded to the Complaint.<\/span><\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark 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": [ "Hana Císlerová" ], "date_of_panel_decision": "2024-06-02 00:00:00", "informal_english_translation": "

The Complainant relies on the Finnish word trademark VEIKKAUS, registration no. 248158, with a priority date of 27 September 2005, and registered on 15 October 2010.<\/span><\/p>\n

In addition, the Complainant refers to other prior trademark registrations that include the word element “Veikkaus” and have earlier priority dates compared to the disputed domain name <veikkaus.info>.<\/span><\/p>", "decision_domains": { "veikkaus.info": "TRANSFERRED" }, "panelist": null, "panellists_text": null }