The Complainant operates online casino platform known as \"WS Win Spirit\" or \"Win Spirit\" on the domain name <winspirit.com>. The Complainant provides online gambling services under WS WIN SPIRIT trademark since 2022. The Complaint has also received several recognitions in online gambling industry.<\/p>\n
The disputed domain name was registered on July 31, 2025, and resolves to a website operating under the name \"Win Spirit Casino AU\", which appears to be an online gambling platform. The website prominently uses a variation of the Complainant's WS WIN SPIRIT (word\/device) trademark, adding the terms \"Casino\" and \"AU\" as well as a stylized depiction of the Australian flag. All action buttons on the website to which the disputed domain name resolves (such as \"Login\", \"Register\", and \"Get a Bonus\") redirect Internet users to third-party online gambling websites.<\/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": " The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. In particular, the Complainant argues that the disputed domain name is confusingly similar to its WS WIN SPIRIT trademark. Despite the fact that the Complainant only has word\/device trademark, the dominant verbal element \"WIN SPIRIT\" is reproduced in its entirety within the disputed domain name, and in accordance with well-established UDRP practice this is sufficient to establish confusing similarity. Furthermore, the Complainant's trademark is recognizable within the disputed domain name and the addition of the geographic term \"Australia\" would not prevent a finding of confusing similarity under the first element in accordance with Section 1.8 of WIPO Overview of WIPO Panel Views on Select UDRP Questions (“WIPO Overview 3.1”). It is also well-established that Top-Level-Domain suffix \".com\" is generally disregarded for the purpose of confusing similarity assessment under paragraph 4(a)(i) of the Policy.<\/p>\n Regarding the second UDRP element, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and that it is not related to the Complainant in any way. The Complainant has never licensed, authorized or otherwise permitted the Respondent to make any use of the Complainant's trademark, or any variation thereof, in a domain name or otherwise. The Respondent is also not commonly known by the disputed domain name. The disputed domain name resolves to an active website operated as an apparent online casino under the name \"Win Spirit Casino Australia\", which reproduces the design and visual identity of the Complainant's official platform on the website <winspirit.com>. Such use does not constitute a bona fide offering of goods or services within the meaning of the Paragraph 4(c)(i) of the Policy.<\/p>\n With reference to the circumstances evidencing bad faith, the Complainant states that the Respondent deliberately registered the disputed domain name that comprises the dominant verbal element of the Complainant's WS WIN SPIRIT trademark. Furthermore, the disputed domain name also contains the word \"Australia\" directly referencing one of the jurisdictions where the Complainant has registered trademark rights. The Respondent had actual knowledge of the Complainant and its trademark, considering that the website to which the disputed domain name resolves reproduces the design and visual identity of the Complainant's official website, as well as the device elements of the Complainant's trademark. The use of the disputed domain name indicates that the Respondent registered the disputed domain name to attract internet users for commercial gain by creating a likelihood of confusion with the Complainant's trademark within the meaning of paragraph 4(b)(iv) of the Policy.<\/p>\n No administratively compliant Response has been filed.<\/p>",
"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": [
"Stefan Bojovic"
],
"date_of_panel_decision": "2026-06-23 00:00:00",
"informal_english_translation": " The Complainant is the owner of the WS WIN SPIRIT trademark.<\/p>\n In particular, the Complainant is the owner of the following trademark registrations for WS WIN SPIRIT:<\/p>\n - Australian trademark registration No. 2473926 for WS WIN SPIRIT (word\/device), registered on March 21, 2025;<\/span><\/p>\n - Estonian trademark registration No. 63557 for WS WIN SPIRIT (word\/device), registered on October 7, 2024.<\/span><\/p>\n The Complainant also owns domain name <winspirit.com<\/span>>, registered on January 14, 2013, which is used for its principal website.<\/p>",
"decision_domains": {
"winspiritaustralia.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}