PLARIUM GLOBAL LTD v. Vlad Sledopyt
Claim Number: FA1711001756514
Complainant: PLARIUM GLOBAL LTD of Herzlia, Israel.
Complainant Representative:
Complainant Representative: PLARIUM GLOBAL LTD of Herzlia, Israel.
Respondent: Vlad Sledopyt of Luhansk, International, UA.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC
Registrars: PDR Ltd. d/b/a PublicDomainRegistry.com
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.
Luz Helena Villamil Jimenez, as Examiner.
Complainant submitted: November 1, 2017
Commencement: November 2, 2017
Default Date: November 17, 2017
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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
The case at hand refers to the domain name <plarium.club> registered by Vlad Sledopyt. Complainant contends that the registered domain name <plarium.club> is identical to Complainant’s trade mark PLARIUM since it includes the exact wording of the registered trademark. Complainant adds that it is well accepted that the top level domain is irrelevant in assessing identity or confusing similarity, and therefore the suffix “.club” is of no consequence in the present case.
In accordance with the provisions of URS, Complainant claims
(i) that the domain name <plarium.club> is identical to a word mark for which the Complainant holds valid domestic and international registrations and that is in current use;
(ii) that the Registrant has legitimate rights or interest to the domain name, and
(iii) that the domain name was registered and is being used in bad faith.
Complainant mentions that since it began doing business in 2009, the company became the world’s leading game developing company with more than 250 million registered users from all over the world. Plarium has developed such famous games like: Vikings: War of Clan; Throne: Kingdom at War and Sparta: War of Empires; Soldiers Inc: Mobile Warfare; Pirates: Tides of Fortune; etc.
Complainant asserts the Respondent has no rights over the name PLARIUM or plarium.club nor is the Respondent commonly known by said name. PLARIUM GLOBAL has not authorized Respondent to use its marks and has no affiliation with the Respondent. The domain name redirects to the site www.gamehelp.me, where Respondent acting in offensive affiliation with the holder of domain name www.gamehelp.me speculates on commonly known game developing company Plarium, trading prohibited gaming goods.
Lastly, Complainant contends that the domain name plarium.club was registered and is being used in bad faith. He mentions that affter decision in case PLARIUM GLOBAL LTD v. Max Baker claim number: FA1709001748753 where domain name plarium.online was suspended for the duration of the registration, Respondent changed redirects from the domain name plarium.online to the domain name plarium.club where Respondent acted in offensive affiliation with holder of this domain name trading resources, units and virtual cash of Plarium games, and Respondent even broke paragraph "5. VIRTUAL CURRENCY AND GOODS" of Plarium Terms of use, which provides that "Virtual Currency is not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other Account, except to the extent described herein, or as required by applicable law". Moreover, as mentioned by the Complainant, Respondent has been trading prohibited gaming goods for cheaper cost, so this misleads our users and entails gain losses for Plarium company.
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
Complainant submitted evidence to demonstrate that it is the owner of the trademark PLARIUM, and that said trademark is in use.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
The Examiner concurs with the Complainant in that the disputed domain name <plarium.club> identically reproduce the registered trademark PLARIUM.
Respondent has defaulted, and therefore there is no evidence to establish any rights or legitimate interests in respect of the domain name in his favor. In fact, since The domain name <plarium.club> redirects to the site www.gamehelp.me, this fact evidences that the Respondent only wishes to benefit from the confusion caused to gamers due to the identity of the names by trading prohibited gaming goods. This fact demonstrates anything but a legitimate interest on the domain name in question.
[URS 1.2.6.3] The domain name was 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 online 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
In the present case, the disputed domain name plarium.club happens to reproduce in an identical fashion the registered trademark PLARIUM property of the Complainant. The inclusion of a distinctive trademark on a domain name is hardly the result of casualty, and aside of making evident that the registrant is acting in bad faith, it does suggest an intention to mislead those who have access to the domain name by leading them to believe it also belongs to the owner of the registered trademark. In the present case this behavior also demonstrates an undeniable intention of taking advantage of the knowledge of the trademark PLARIUM by the great number of users of the games developed by the Complainant.
After reviewing the Complainant’s 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 be SUSPENDED for the duration of the registration.
<plarium.club>
Luz Helena Villamil Jimenez, Examiner
Dated: November 22, 2017
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