Harrah's License Company,
LLC v. Carmen Media c/o Domain Administrator
Claim Number: FA0709001080716
PARTIES
Complainant is Harrah's License Company, LLC (“Complainant”), represented by Jessica
E. Jacob, of Alston & Bird, LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name here at issue is <worldseriespoker.com>, registered
with Register.com,
Inc.
PANEL
The undersigned certifies that he has acted independently and impartially
and to the best of his knowledge has no known conflict in serving as Panelist
in this proceeding.
Terry F. Peppard as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on September 20, 2007; the
National Arbitration Forum received a hard copy of the Complaint on September 21, 2007.
On September 20, 2007, Register.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <worldseriespoker.com>
domain name is registered with Register.com,
Inc. and that the Respondent is the current registrant of the name. Register.com,
Inc. has verified that Respondent is bound by the Register.com, Inc. registration agreement and
has thereby agreed to resolve domain-name disputes brought by third parties in
accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the
“Policy”).
On September 24, 2007, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of October 15, 2007 by which
Respondent could file a Response to the Complaint, was transmitted to
Respondent via e-mail, post and fax, to all entities and persons listed on
Respondent’s registration as technical, administrative and billing contacts,
and to postmaster@worldseriespoker.com by
e-mail.
A timely Response was received and determined to be complete on October 1, 2007.
On October 4, 2007, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant contends, among other things, that:
Harrah’s is a wholly owned subsidiary of
Harrah’s Operating Company, Inc.
Through licensed subsidiaries, Harrah’s
Operating Company, Inc. owns or manages more than forty casinos in three
countries, making it the largest casino entertainment company in the world.
One of Harrah’s most important events is
the World Series of Poker, held each year at Harrah’s Rio All-Suite Hotel &
Casino in
Founded in 1970, the World Series of Poker
is the world’s largest and most prestigious poker tournament.
Harrah’s has been granted numerous
registrations around the world for its WORLD SERIES OF POKER mark, including
U.S. Registration Nos. 1,025,395 for poker tournaments and 2,119,064 for
computer games.
Respondent registered the domain name <worldseriespoker.com> on July
15, 2003.
Until recently, Respondent used the domain
name as the address for a web site with links to online gaming sites as well as
information and news about and the history of the World Series of Poker.
Respondent’s site included banner ads for a
third party online casino named “The Gaming Club.”
Respondent is a member of an affiliate
program offered by The Gaming Club, and Respondent is paid by The Gaming Club
each time Respondent redirects Internet users to The Gaming Club’s site.
On August 7, 2007, Harrah’s sent Respondent
an e-mail and facsimile demanding that it stop further use of the domain name
and transfer it to Harrah’s.
In apparent response to this letter,
Respondent took down its Web site.
Respondent has no association or
affiliation with Harrah’s of any kind and has no license or permission to use
the WORLD SERIES OF POKER mark or to register and use the domain name.
The
disputed domain name is confusingly similar to Harrah’s WORLD SERIES OF POKER
mark.
Respondent
has no rights or legitimate interests in the domain name.
Respondent
registered and uses the domain name in bad faith.
B. Respondent
Respondent contends, among other things, that:
Complainant is the registered
proprietor of the WORLD SERIES OF POKER trademark in the
In consideration of the Complainant withdrawing its complaint, Respondent is prepared to immediately arrange for the transfer of the domain name <worldseriespoker.com> to Complainant or to any party Complainant may nominate.
The website associated with Respondent’s domain name has been removed, and no further use will be made of the domain name pending the resolution of this matter.
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course,
Complainant must prove each of the following to obtain from a Panel an order
that a domain name be transferred:
i.
the
domain name registered by Respondent is identical or confusingly similar to a
trademark or service mark in which Complainant has rights;
ii.
Respondent
has no rights or legitimate interests in respect of the domain name; and
iii.
the domain name
has been registered and is being used in bad faith.
Notwithstanding the foregoing, Paragraph 15(a) of
the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”)
instructs this Panel to “decide a complaint on the basis of the statements and
documents submitted in accordance with the Policy, these Rules and any rules
and principles of law that it deems applicable.”
Further, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum Jan. 13, 2004); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005)).
DECISION
Respondent does not contest the material allegations of the Complaint,
and the parties have effectively agreed in writing to a transfer of the subject
domain name from Respondent to Complainant without the need for further
proceedings.
Accordingly, it is Ordered that the <worldseriespoker.com> domain name be
forthwith TRANSFERRED from
Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: October 16, 2007
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