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and Ritzio Purchase Limited, Cyprus, represented by Mapa Trademarks SL, Spain. The Respondents are Domain Admin, Privacy Protect, LLC (Privacy Protect.org) / Denis Belov, Asocial Games Ltd., Belize and Domain Admin, Privacy Protect, LLC (Privacy Protect.org), Russian Federation and Ivenkov Vitaly, Russian Federation. The disputed domain names are registered with PDR Ltd. The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 6, 2019. On June 7, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names.
On June 8, 2019, the Registrar transmitted by email to the Center its verification response confirming that the Respondents were listed as the registrant of the disputed domain names, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on June 14, 2019 providing the registrant and contact information disclosed by the Registrar, and requesting the Complainants to submit an amendment to the Complaint, either by adding the Registrar-disclosed registrant as a formal Respondent and providing relevant arguments or evidence demonstrating that all named Respondents are, in fact, the same entity and/or that all domain names are under common control; and/or by filing a separate complaint in respect of . The Complainants filed an amended Complaint on June 19, 2019.
The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondents of the Complaint, and the proceedings commenced on June 24, 2019. In accordance with the Rules, paragraph 5, the due date for Response was July 14, 2019. Accordingly, the Center notified the Respondents’ default on July 15, 2019.
The Center appointed Antony Gold as the sole panelist in this matter on July 23, 2019. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. The first Complainant, Ritzio Purchase Limited (“Rizio”), is a gaming and casino operator which was formed in or about 1992. It is active in a number of countries, although a large proportion of its users are located in Russia. It presently has over 2,000 employees and operates over 230 gambling clubs, which are branded as either VOLCANO, VULKAN, or Вулкан. This last word is in Cyrillic script, with the Roman script equivalent being “Vulkan” (or, possibly, “Vulcan” – see below).
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These essentially similar trading styles have been in continuous use since 1992. The second and third Complainants, Dareos Ltd and Dareos Inc., (collectively “Dareos”) are business partners of Ritzio. They are the owners of a portfolio of trade marks which comprise or include the words VULKAN, VOLCANO, and Вулкан in a variety of word and figurative formats.
These include; - International trade mark, registration No. 984297, for VULKAN (word only), registered on August 11, 2008 in multiple classes; - International trade mark, registration No. 989103, for VOLCANO registered on August 11, 2008 in multiple classes; - Russian Federation trade mark registration No.
361357, for Вулкан (in stylized form), registered on October 7, 2008 in multiple classes. 791038, for Вулкан, registered on September 3, 2002 in class 41. This is for a figurative trade mark in which the word Вулкан, is in a very stylized form.
The trade mark registrations initially owned by Ritzio have been transferred to Dareos and Ritzio is now a licensee of those marks. The table at section 6B below provides the dates of registration by the Respondents of each of the disputed domain names. With the exception of the first and fifth disputed domain names, all the disputed domain names resolve to websites which offer paid-for gambling and associated services to Internet users and prominently feature the Complainants’ figurative trade mark for Вулкан.
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The website to which the first disputed domain name resolves is described below. Attempts to access the website to which the fifth disputed domain name resolves produce a notice stating that access to it is restricted. The Complainants say that the disputed domain names are identical or confusingly similar to its VULKAN and Вулкан trade marks. All the disputed domain names, save for the seventh, eighth, tenth, and sixteenth, include the word element VULKAN or VULCAN, which, taking into account the lack of an equivalent to the letter “C” in the Cyrillic alphabet, is identical to its VULKAN trade marks. The remaining disputed domain names comprise either misspellings of the Complainants’ marks, that is “vylcans” or “vylcan”, or acronyms of them, namely “vlc” or “vlk”. Each disputed domain name also incorporates additional elements, typically a generic term, such as “partner”, “vip”, “online”, or “casino”. The addition of these terms does not affect the confusing similarity between the disputed domain names and the Complainant’s trade marks.
In fact, as these additional terms have some association with the Complainants’ business, they accentuate the possibility of confusion. Each of these disputed domain names misleads Internet users into believing that they are either owned by, or associated with, the Complainants.