Evoplay LLP and Play Evo Games Limited v. Whois Agent / Domain Protection Services, Inc.
Claim Number: FA2010001915749
Complainants: Evoplay LLP of Folkstone, UK and Play Evo Games Limited of Zebbug, Malta.
Respondent: Whois Agent / Domain Protection Services, Inc. of Denver, Colorado, US.
REGISTRY and REGISTRAR
Registry: UNR Corp.
Registrar: Name.com, Inc.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Alan L. Limbury, as Examiner.
Complaint submitted: October 5, 2020
Commencement: October 6, 2020
Default Date: October 21, 2020
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").
Complainants request that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant Evoplay LLP is engaged in the fields of online games and online gaming. It is the registrant of the international word mark EVOPLAY No. 1243891(WIPO) registered on January 30, 2015 and No.01324310 (EUTM), registered on June 6, 2018. It is also the registrant of the figurative marks EVOPLAY ENTERTAINMENT No.017811258 (EUTM); and evoplay ENTERTAINMENT No.1453696 (WIPO). Complainant Play Evo Games Limited is licensed by Evoplay LLP to use the marks. Accordingly, the Examiner finds sufficient relationship between Complainants to allow this proceeding to proceed with multiple complainants.
Even though Respondent has defaulted, URS Procedure 1.2.6, requires a 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:
(i) The registered domain name is identical or confusingly similar to a word mark for which the Complainant holds a valid national or regional registration and that is in current use; or that has been validated through court proceedings; or that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed;
(ii) The Registrant has no legitimate right or interest to the domain name; and
(iii) the domain name was registered and is being used in bad faith.
Rights, identity or confusing similarity
Complainants have shown that the <evoplay.game> domain name is identical to the registered word mark EVOPLAY for which Complainant Evoplay LLP holds valid international registrations and that is in current use on its licensee’s <evoplay.games>website . The gTLD “game” does nothing to distinguish the domain name because it refers to the services rendered by Complainants.
Legitimacy
Complainants assert that Evoplay LLP has prior rights and an established reputation in the EVOPLAY mark which precede Respondent’s registration of the domain name and to the best of Complainants’ knowledge, Respondent has not developed any legitimate business relating to or incorporating the EVOPLAY mark.
These assertions, coupled with the evidence of the use to which the domain name is being put, establish a prima facie case of absence of rights and legitimate interests in the domain name on the part of Respondent. In the absence of a Response, there is no evidence to establish that Respondent has any rights or legitimate interests in respect of the domain name.
Bad faith
It is clear that Respondent was aware of Complainants when registering the domain name and that, by using the domain name, Respondent has intentionally attempted to attract for commercial gain, Internet users to Respondent’s web site by creating a likelihood of confusion with Evoplay LLP’s EVOPLAY mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s web site and of the products or services on that web site. Accordingly, the Examiner is satisfied that the domain name was registered and is being used in bad faith.
After reviewing Complainants’ submissions, the Examiner determines that
Complainants have demonstrated all three elements of the URS by a standard of clear and convincing evidence. Accordingly, the Examiner hereby Orders the following domain name be SUSPENDED for the duration of the registration: <evoplay.game>.
Alan L. Limbury, Examiner
Dated: October 22, 2020
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