Determined: Finding for Complainant 

The Complainant has proved by documentary evidences that they are the registered owner of word-mark “GAMINATOR” predominantly for gambling related goods and services. As noted, the disputed domain name <gamintor.top> composes “gaminator” and “.top”. “gaminator” is indentical to Complainant’s word-mark “GAMINATOR”. The “.top” is a generic code top-level domain name (gTLD) suffix. It is non-distinctive and is incapable of differentiating the disputed domain name from the Complainant’s registered trademark. Based on the “GAMINATOR” being a word-mark of the Complainant, the Examiner determines that URS 1.2.6.1(i) covers the domain name at issue in this Complaint.

Determined: Finding for Complainant 

No doubt, the disputed domain name has been registered in the name of the Respondent. On the other hand, the Complainant owns word-mark “GAMINATOR” since October 02, 2006 and enjoying the protection in Belarus. The Complainant’s adoption and first use of the registered word-mark is for about a decade ago. In such case, the burden lies on the Respondent to prove that he has legitimate rights and/or interests in the disputed domain name. The Respondent is in default and has not filed any response. Although, the Complainant is not entitled to relief simply by default of the Respondent to submit a Response, the Examiner can however and does draw evidentiary inferences from the failure of the Respondent to respond. Be that as it may, it is the specific case of the Complainant that they had sent a prior warning letter, through their counsel, on April 10, 2015 to the Respondent and that the Respondent had sent a reply by email on the same day stating that he is unaware of the domain <gaminator.top> although it is registered in his name and further stated not only denying any involvement in registration of such domain name but also disowned the email id petercash@gmail.com and phone number +375.0296342744 as the same are unfamiliar to him. In view of the above, the Complainant has established a prima facie case of lack of rights and legitimate interest and that the Respondent has completely disowned the registration of such domain name by him. Based on the record, the Respondent does not have rights or legitimate interests in the disputed domain name. Hence, the Examiner determines that URS 1.2.6.2 covers the domain name at issue in this Complaint and that the Respondent has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 

As noted above, the Respondent disowns the registration of the disputed domain name and it is clear that the actual registrant hides behind the registered owner. It is well established that the registration and use of the disputed domain name must involve malafides where the registration and use of it was continues to be made in full knowledge of the Complainant’s prior rights in the “GAMINATOR” word-mark, and in circumstances where the registrant did not seek permission from the Complainant, as the owner of word-mark, for such registration and use. Thus the Panel Examiner comes to irresistible determination due to the facts that (i) the disputed domain name is identical to the Complainant’s “GAMINATOR” word-mark; (ii) the Respondent’s/Registrant’s name does not correspond to the disputed domain name; (iii) the Respondent/Registrant was aware of the Complainant and its word-mark when it registered the disputed the domain name; (iv) there is no indication of any authorization to use the Complainant’s mark. Hence, it is lawful to conclude that the disputed domain name was registered in bad faith. Thus the Examiner determines that URS 1.2.6.3 (a) and (d) covers the domain name at issue in this Complaint and the domain name was registered and is being used in bad faith.

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:

1. gaminator.top