national arbitration forum

 

DECISION

 

Harrah's License Company, LLC v. Stuart Billinghurst c/o Billinghursts

Claim Number: FA0802001143735

 

PARTIES

 

Complainant is Harrah's License Company, LLC (“Complainant”), represented by Jessica E. Jacob, of Alston & Bird, LLP, Georgia, USA.  Respondent is Stuart Billinghurst c/o Billinghursts (“Respondent”), United Kingdom.

 

REGISTRAR AND DISPUTED DOMAIN NAMES

 

The domain names at issue are <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info>, registered with Tucows 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.

 

Bruce E. Meyerson as Panelist.

 

PROCEDURAL HISTORY

 

Complainant submitted a Complaint to the National Arbitration Forum electronically on February 11, 2008; the National Arbitration Forum received a hard copy of the Complaint on February 11, 2008.

 

On February 11, 2008, Tucows Inc. confirmed by e-mail to the National Arbitration Forum that the <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names are registered with Tucows Inc. and that Respondent is the current registrant of the names.  Tucows Inc. has verified that Respondent is bound by the Tucows 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 February 15, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of March 6, 2008 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@wsopeurope.com, postmaster@wsopeurope.net and postmaster@wsopeurope.info by e-mail.

 

Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.

 

On March 13, 2008, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Bruce E. Meyerson as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent."  Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

 

RELIEF SOUGHT

 

Complainant requests that the domain names be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

 

A.  Complainant makes the following assertions:

 

1.      Respondent’s <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names are confusingly similar to Complainant’s WSOP mark.

 

2.      Respondent does not have any rights or legitimate interests in the <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names.

 

3.      Respondent registered and used the <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names in bad faith.

 

B.  Respondent failed to submit a Response in this proceeding.

 

FINDINGS

 

Complainant, Harrah’s License Company, LLC, is a wholly-owned subsidiary of Harrah’s Operating Company, Inc.  Complainant owns or manages more than 40 casinos in three countries.  Since 1970, Complainant has held the World Series of Poker, or “WSOP,” each year in Las Vegas, NV.  In 2007, approximately 54,288 players competed in this poker tournament.  In 2004, Complainant began planning a tournament in Europe under the WSOP mark (Reg. No. 2,379,546 issued December 3, 2004), which was registered with the United Kingdom Patent Office (“UKPO”).  The WSOP mark has been used in conjunction with Complainant’s operations since 2003.  In 2007, Complainant initiated its “WSOP Europe” event in London.

 

Respondent registered the <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names on March 18, 2005.  Respondent is using the disputed domain names to resolve to websites that offer poker products and services in direct competition with Complainant.

 

DISCUSSION

 

Paragraph 15(a) of 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."

 

In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules.  The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory.  See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).

 

Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

 

(1)   the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and

(2)   Respondent has no rights or legitimate interests in respect of the domain name; and

(3)   the domain name has been registered and is being used in bad faith.

 

Identical and/or Confusingly Similar

 

Complainant has established sufficient rights in the WSOP mark through registration of the mark with the UKPO pursuant to Policy ¶ 4(a)(i).  SeeRoyal Bank of Scot. Group plc v. TRB, FA 622345 (Nat. Arb. Forum Feb. 22, 2006) (“The Panel accepts Complainant’s registration of the THE ROYAL BANK OF SCOTLAND mark with the United Kingdom Patent Office as evidence of Complainant’s rights in the mark pursuant to Policy ¶ 4(a)(i).”); see also Janus Int’l Holding Co. v. Rademacher, D2002-0201 (WIPO Mar. 5, 2002) ("Panel decisions have held that registration of a mark is prima facie evidence of validity, which creates a rebuttable presumption that the mark is inherently distinctive.").

 

Respondent has incorporated Complainant’s entire WSOP mark within the <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names, while merely adding the geographical indicator “Europe,” as well as top-level domains including “.com,” “.net,” and “.info.”  The addition of a geographic term generally does not render a disputed domain name distinct for the purposes of a Policy ¶ 4(a)(i) analysis, especially in cases such as this where the dominant feature of the domain name remains a complainant’s mark.  Moreover, Policy ¶ 4(a)(i) does not consider the addition of top-level domains as relevant in a confusing similarity analysis.  Therefore, the Panel finds that the disputed domain names are confusingly similar to Complainant’s WSOP mark pursuant to Policy ¶ 4(a)(i).  See Net2phone Inc. v. Netcall SAGL, D2000-0666 (WIPO Sept. 26, 2000) (finding that the respondent’s domain name <net2phone-europe.com> is confusingly similar to the complainant’s mark because “the combination of a geographic term with the mark does not prevent a domain name from being found confusingly similar"); see also Wal-Mart Stores, Inc. v. Walmarket Canada, D2000-0150 (WIPO May 2, 2000) (finding that the domain name, <walmartcanada.com> is confusingly similar to the complainant’s famous mark); Rollerblade, Inc. v. McCrady, D2000-0429 (WIPO June 25, 2000) (finding that the top level of the domain name such as “.net” or “.com” does not affect the domain name for the purpose of determining whether it is identical or confusingly similar).

 

The Panel finds that Policy ¶ 4(a)(i) has been satisfied.

 

Rights or Legitimate Interests

 

Complainant has alleged that Respondent lacks rights and legitimate interests in the <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names, which successfully constitutes a prima facie case supporting its allegations.  Therefore, the burden shifts to Respondent to prove that it does have rights or legitimate interests under Policy ¶ 4(a)(ii).  See Do The Hustle, LLC v. Tropic Web, D2000-0624 (WIPO Aug. 21, 2000) (holding that, where the complainant has asserted that the respondent has no rights or legitimate interests with respect to the domain name, it is incumbent on the respondent to come forward with concrete evidence rebutting this assertion because this information is “uniquely within the knowledge and control of the respondent”).

 

Respondent’s <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names merely resolve to websites that directly compete with Complainant.  The disputed domain names incorporate Complainant’s WSOP mark, and their corresponding websites purport to offer Internet poker products to those diverted Internet users seeking Complainant.  This is not a bona fide offering of goods or services, nor a legitimate noncommercial or fair use from Respondent’s registration of the disputed domain names.  Therefore, the Panel finds that Respondent lacks rights and legitimate interests in the disputed domain names pursuant to Policy ¶¶ 4(c)(i) and (iii).  See Computerized Sec. Sys., Inc. v. Hu, FA 157321 (Nat. Arb. Forum June 23, 2003) (“Respondent’s appropriation of [Complainant’s] SAFLOK mark to market products that compete with Complainant’s goods does not constitute a bona fide offering of goods and services.”); see also Coryn Group, Inc. v. Media Insight, FA 198959 (Nat. Arb. Forum Dec. 5, 2003) (finding that the respondent was not using the domain names for a bona fide offering of goods or services nor a legitimate noncommercial or fair use because the respondent used the names to divert Internet users to a website that offered services that competed with those offered by the complainant under its marks).

 

Respondent offers no evidence establishing that Respondent is commonly known by the <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names.  In fact, the WHOIS domain name registration information lists the registrant as “Stuart Billinghurst c/o Billinghursts,” which bears no resemblance to the disputed domain names.  Therefore, the Panel finds that Respondent lacks rights and legitimate interests in the disputed domain names pursuant to Policy ¶ 4(c)(ii).  See Am. W. Airlines, Inc. v. Paik, FA 206396 (Nat. Arb. Forum Dec. 22, 2003) (“Given the WHOIS domain name registration information, Respondent is not commonly known by the [<awvacations.com>] domain name.”); see also G.D. Searle & Co. v. Cimock, FA 126829 (Nat. Arb. Forum Nov. 13, 2003) (“[T]here is no evidence on record, and Respondent has not come forward with any proof to establish that it is commonly known as CELEBREXRX or <celebrexrx.com>.”).

 

The Panel finds that Policy ¶ 4(a)(ii) has been satisfied.

 

Registration and Use in Bad Faith

 

Respondent’s <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain names all resolve to corresponding websites that directly compete with Complainant’s business.  The Panel finds that Respondent has engaged in bad faith registration and use pursuant to Policy ¶ 4(b)(iii) because it is apparent from this record that Respondent’s primary objective was to disrupt Complainant’s business.  See EthnicGrocer.com, Inc. v. Latingrocer.com, FA 94384 (Nat. Arb. Forum July 7, 2000) (finding bad faith where the respondent’s sites pass users through to the respondent’s competing business); see also Disney Enters., Inc. v. Noel, FA 198805 (Nat. Arb. Forum Nov. 11, 2003) (“Respondent registered a domain name confusingly similar to Complainant's mark to divert Internet users to a competitor's website. It is a reasonable inference that Respondent's purpose of registration and use was to either disrupt or create confusion for Complainant's business in bad faith pursuant to Policy ¶¶ 4(b)(iii) [and] (iv).”).

 

Respondent’s disputed domain names divert Internet users seeking Complainant’s products to websites that compete directly with Complainant for obvious commercial benefit.  Respondent’s use of Complainant’s WSOP mark within the disputed domain names has created a likelihood of confusion regarding the affiliation and endorsement of the disputed domain names and the corresponding websites.  Internet users seeking Complainant’s European WSOP events could easily be diverted to Respondent’s websites through these disputed domain names, and be unexpectedly confronted with Complainant’s competitor.  Therefore, the Panel finds that Respondent has engaged in bad faith registration and use pursuant to Policy ¶ 4(b)(iv).  See H-D Michigan, Inc. v. Petersons Auto., FA 135608 (Nat. Arb. Forum Jan. 8, 2003) (finding that the disputed domain name was registered and used in bad faith pursuant to Policy ¶ 4(b)(iv) through the respondent’s registration and use of the infringing domain name to intentionally attempt to attract Internet users to its fraudulent website by using the complainant’s famous marks and likeness); see also G.D. Searle & Co. v. Celebrex Drugstore, FA 123933 (Nat. Arb. Forum Nov. 21, 2002) (finding that the respondent registered and used the domain name in bad faith pursuant to Policy ¶ 4(b)(iv) because the respondent was using the confusingly similar domain name to attract Internet users to its commercial website).

 

The Panel finds that Policy ¶ 4(a)(iii) has been satisfied.

 

DECISION

 

Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <wsopeurope.com>, <wsopeurope.net> and <wsopeurope.info> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Bruce E. Meyerson, Panelist

Dated:  March 25, 2008

 

 

Click Here to return to the main Domain Decisions Page.

 

Click Here to return to our Home Page

 

National Arbitration Forum