URS DEFAULT DETERMINATION

Swiss Casinos Brands AG v. PrivacyDotLink 2324665
Claim Number: FA1607001685816

DOMAIN NAME

<swisscasinos.xyz>

PARTIES

	Complainant: Swiss Casinos Brands AG of Rapperswil, Switzerland
	Complainant Representative: Wild Schnyder AG Gabriela Taugwalder of Zürich, Switzerland

	Respondent: PrivacyDotLink Customer 2324665 of Seven Mile Beach, II, KY

REGISTRIES and REGISTRARS

	Registries: XYZ.COM LLC
	Registrars: Uniregistrar Corp

EXAMINER

	The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
	Vali Sakellarides, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: July 28, 2016
	Commencement: July 28, 2016
	Default Date: August 12, 2016
	Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

STANDARD OF REVIEW

Clear and convincing evidence.

FINDINGS and DISCUSSION

	Procedural Findings:
		Multiple Complainants: This proceeding features a sole Complainant regarding the single domain name <swisscasinos.xyz>. No domain names are dismissed from this complaint.
		Multiple Respondents: This proceeding features a sole Respondent regarding the single domain name <swisscasinos.xyz>. No domain names are dismissed from this complaint.

Findings of Fact: The Swiss Casinos group of companies under the umbrella of the Swiss Casinos Holding AG operates in Switzerland and abroad owning several casinos and offering free online gaming. Complainant holds the trademarks and domain names of the group. It owns many trademark registrations SWISS CASINOS including Swiss registration no. 626979 and IR no. 1115529 and numerous domain names including swisscasinos.ch (http://www.whois.com/whois/swisscasinos.ch since 1996), swiss-casinos.ch (http://www.whois.com/whois/swiss-casinos.ch since 1997), swisscasinos.com (http://www.whois.com/whois/swisscasinos.com since 1996), swisscasinos.org (http://www.whois.com/whois/swisscasinos.org since 2000) and swisscasinos.net (http://www.whois.com/whois/swisscasinos.net since 2000). Swiss registration no. 626979 SWISS CASINOS is registered in the Trademark Clearing House.

Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.

[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar to a word mark:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant

The Complainant has submitted details of its Swiss figurative mark no. 626979 SWISS CASINOS (logo) and IR no. 1115529 SWISS CASINOS (logo). The Complainant has submitted a list of the domain names that it owns: swisscasinos.ch (http://www.whois.com/whois/swisscasinos.ch since 1996), swiss-casinos.ch (http://www.whois.com/whois/swiss-casinos.ch since 1997), swisscasinos.com (http://www.whois.com/whois/swisscasinos.com since 1996), swisscasinos.org (http://www.whois.com/whois/swisscasinos.org since 2000) and swisscasinos.net (http://www.whois.com/whois/swisscasinos.net since 2000). Complainant’s Swiss registration no. 626979 SWISS CASINOS is stated that it is registered in the Trademark Clearing House. Complainant submits proof of current use of the SWISS CASINOS mark via Complainant’s SMD. Examiner finds that the disputed domain name <swisscasinos.xyz> is identical to the Complainant’s trademark, as the gTLD is not relevant for a finding under URS 1.2.6.1. Examiner finds that Complainant has established the first element under URS 1.2.6.1(i).

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

Respondent has not filed a Response. Complainant has not authorized Respondent to use its registered SWISS CASINOS trademark. Examiner finds that the Complainant has established that the Respondent has no rights or legitimate interests in <swisscasinos.xyz>.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant

Complainant submits evidence that the domain name <swisscasinos.xyz> resolves to an active website for ‘Web Casinos & Views on Casino Gamblings’. Hence, it is apparent that Respondent had Complainant in mind when registering the disputed domain name and that Respondent registered the domain name either with the purpose of selling it to Complainant or to a third party and prevent the Complainant from reflecting the mark in a corresponding domain name. Examiner finds that the Complainant has established the element under URS 1.2.6.3.

FINDING OF ABUSE or MATERIAL FALSEHOOD

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

DETERMINATION

After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for the duration of the registration:

swisscasinos.xyz

Vali Sakellarides
Examiner
Dated: August 17, 2016

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