DECISION

 

DK Crown Holdings Inc. v. Jim Green

Claim Number: FA2504002149582

 

PARTIES

Complainant is DK Crown Holdings Inc. ("Complainant"), represented by Lawrence R. Robins of FisherBroyles LLP, Massachusetts, USA. Respondent is Jim Green ("Respondent"), represented by Zhu Junchao of Zhejiang Kinding Law Firm, China.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <drafttkingss.com>, registered with GoDaddy.com, LLC.

 

PANEL

The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.

 

Eduardo Magalhães Machado as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on April 9, 2025; Forum received payment on April 9, 2025.

 

On April 9, 2025, GoDaddy.com, LLC confirmed by e-mail to Forum that the <drafttkingss.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").

 

On April 14, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 5, 2025 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@drafttkingss.com. Also on April 14, 2025, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts.

 

A timely Response was received and determined to be complete on April 29, 2025.

 

On April 30, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Eduardo Magalhães Machado as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2.

 

RELIEF SOUGHT

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

 

PARTIES' CONTENTIONS

A. Complainant

The Complainant affirms that it is a corporation formed in 2011 initially under the name DraftKings Inc. under the laws of the State of Delaware. It affirms that it is a global leader in the fields of sports entertainment, daily fantasy sports, online sports betting, and online gaming, being a publicly traded company, trading on the NASDAQ stock exchange under the symbol DKNG, with its global headquarters located in Boston, Massachusetts, USA. It has facilities worldwide, including in the United States, Ireland, Israel, Bulgaria and the United Kingdom. It employs approximately five thousand people worldwide and, together with its related entities, in 2023, reported a total revenue of approximately USD 3.7 billion. Its name and trademark are well known worldwide, and it has millions of costumers per month, establishing itself as a global sports entertainment, daily fantasy sports, online sports betting and iGaming company.

 

Further, Complainant states that it owns United States Federal Trademark Registrations for the DRAFTKINGS and derivative trademarks. It alleges that, in 2021, it spent nearly USD 1 billion to promote services under the DRAFTKINGS mark and to attract new customers. In this sense, it affirms that the disputed domain name incorporates the Complainant's DRAFTKINGS mark in its entirety, with the addition of an extra letter "t" in the word "draft" and an extra letter "s" in the word "kings".

 

In addition, it states that it operates an online casino located at <casino.draftkings.com> and via its DraftKings Sportsbook & Casino mobile app. Given its continuous and exclusive use and promotion of its DRAFTKINGS marks, since 2012, Complainant affirms that it has established a strong consumer base and has built up value and goodwill in its mark.

 

Moreover, it alleges that the registration of the disputed domain name was long after Complainant's first use of the DRAFTKINGS mark. It affirms that the Respondent uses the domain name to lead users to a counterfeit website where it pretends to be Complainant, displaying a logo that is strikingly similar to Complainant's logo and offers casino games similar to those offered on Complainant's site.

 

It affirms that Respondent is not affiliated in any way with Complainant and that it has never granted Respondent a license or permission to use the DRAFTKINGS mark in any way. Additionally, it affirms that Respondent does not display a notice disclaiming any affiliation, association, license or approval with Complainant. Complainant alleges that Respondent has no rights or legitimate interest with respect to the disputed domain name, and it does not comprise the legal name of Respondent. Further, it affirms that Respondent did not, prior to the dispute, use the subject domain name or a trademark corresponding to the domain name in connection with a bona fide offering of goods or services, nor has Respondent made a legitimate non-commercial or fair use of such domain name.

 

B. Respondent

The Respondent contends that it did not merely incorporate the Complainant's mark into the disputed domain name. Instead, it argues that the domain name is distinguishable from the Complainant's mark, as it includes two additional letters, "t" and "s", which alter the structure and disrupt the coherence of the mark. According to the Respondent, these differences are sufficient to differentiate the domain name and prevent consumer confusion.

 

It affirms that the additional letters "t" and "s" in the Domain Name alter the visual weight of the domain name. As an example, Respondent affirms that the consecutive double "t" in "draftt-" may be perceived as redundant or a typographical error when read, while the double "s" in "kingss" could imply plurality or other meanings (such as a misspelling of "King's"), which would eliminate any direct association between the domain name and the Complainant's mark.

 

It further claims that in the sports betting or online gaming industry, users are typically highly sensitive to brand names, where even minor differences are sufficient to draw attention. Thus, the additional letters would allow the domain name to be perceived as a separate brand, especially when used in a domain name, which would be distinguishable when typed in by users and could not be mistaken for the Complainant's product. It also alleges that the parties' websites would be different, with different color schemes and, thus, there would be no risk of confusion.

 

Moreover, it alleges that the Respondent could not have been aware of the Complainant's mark, as it is not well-known or a famous mark in the United States. It affirms that it has been using the domain name before any notice of the dispute, operating the website in connection with a bona fide offering of goods or services.

 

It affirms that it has promoted services offered under the domain name to attract new customers, and it has cooperated with a third party to make promotional activities.

 

Furthermore, it alleges that Complainant's ownership of the domain name <casino.draftkings.com> could not be verified, as no registration records were found for it. Additionally, it claims that the registration details for the domain <draftkings.com> are redacted for privacy, which would make it impossible to confirm whether Complainant holds rights to the domain name.

 

It affirms that the terms "draftt" and "kingss" are not meaningful words, and not related to Complainant's mark, being reasonable to conclude that Respondent's domain name is neither identical nor confusingly similar to Complainant's mark, and is not likely to cause consumer confusion.

 

Lastly, the Respondent asserts that it registered and has used the domain name in good faith, as part of a legitimate business effort to develop and promote an independent brand, without any intention of exploiting, infringing upon, or undermining the Complainant's rights.

 

FINDINGS

The Complainant is the owner of the following trademarks and service marks, registered with the United States Patent and Trademark Office:

 

-       Reg. No. 4,308,819, for the DRAFTKINGS word mark, filed on July 31, 2012, and granted on March 26, 2013, in international class 41, to identify "entertainment services in the nature of fantasy sports leagues";

 

-       Reg. No. 5,291,136, for the black background composite mark, filed on March 27, 2017, and granted on September 19, 2017, in international classes 9, 25, and 41, to identify "Downloadable mobile applications for use in fantasy sports leagues, namely, mobile applications for managing and participating in fantasy sports leagues; downloadable mobile application for providing sports and esports programming and information; downloadable mobile application for providing previews, alerts, replays, video clips of sporting competitions, and web cam feeds, all in the field of sports and esports; downloadable mobile application for providing entertainment and sports and esports related news", "Clothing for men, women, and children, namely, shirts, T-shirts, sport shirts, polo shirts, sweatshirts, sweaters, jerseys, pants, hats, and caps" and "Entertainment services, namely, providing sports and esports programming in the nature of a continuing program featuring sports and esports delivered by television, radio, the internet and information, previews, alerts, replays, video clips of sporting competitions, web cam feeds distributed via various platforms across multiple forms of transmission media, all in the field of sports and esports; entertainment services in the nature of fantasy sports and esports leagues, provided via downloadable mobile software applications and distributed via various platforms across multiple forms of transmission media", respectively;

 

-       Reg. No. 7,086,989, for the white background composite mark, filed on October 07, 2022, and registered on June 20, 2023, in international classes 9, 35 and 41, to identify "Downloadable computer programs and downloadable software for use in accessing websites where users can gamble and place bets; downloadable computer software in the nature of a mobile application for use on mobile phones, tablet computers, computer terminals, self-service interactive kiosks, and handheld electronic devices for use in accessing websites where users can gamble and place bets; downloadable computer game software for use on mobile phones, tablets computers and handheld electronic devices mobile devices; downloadable computer game software for stationary gambling machines; downloadable mobile applications for use in fantasy sports leagues, namely, mobile applications for managing and participating in fantasy sports leagues; downloadable mobile application for providing sports and esports programming and information; downloadable mobile application for providing previews, alerts, replays, video clips of sporting competitions, and web cam feeds, all in the field of sports and esports; downloadable mobile application for providing entertainment and sports and esports related news; downloadable image files containing trading cards, artwork, and sports memorabilia authenticated by non-fungible tokens", "Provision of an online marketplace for buyers and sellers of digital art images, digital graphics files, digital trading cards, digital collectibles, digital photography, digital video clips, downloadable desktop graphics files, video clips and art images that may be shared electronically, all being authenticated by non-fungible tokens" and "Entertainment services, namely, providing online casino-style games and games of chance; entertainment services, namely, providing online slot machine-style games; entertainment services, namely, online casino-style gaming; gaming services in the nature of casino gambling; entertainment services, namely, providing games of chance via the Internet; bookmaking services, namely, providing information related to sports betting; organizing, arranging, conducting sports betting and gambling tournaments, competitions and contests; entertainment services, namely, providing sports and esports programming in the nature of a continuing program featuring sports and esports delivered by television, radio, the internet; entertainment services in the nature of a continuing program featuring previews, alerts, replays, video clips of sporting competitions, and web cam feeds, distributed via various platforms across multiple forms of transmission media, all in the field of sports and esports; entertainment services in the nature of fantasy sports and esports leagues, provided via downloadable mobile software applications and distributed via various platforms across multiple forms of transmission media", respectively;

 

-       Reg. No. 5,345,223 for the DRAFTKINGS word mark, filed on March 27, 2017, and granted on November 28, 2017, in international classes 9, 25 and 41, to identify "Downloadable mobile applications for use in fantasy sports leagues, namely, mobile applications for managing and participating in fantasy sports leagues; downloadable mobile application for providing sports and esports programming and information; downloadable mobile application for providing previews, alerts, replays, video clips of sporting competitions, and web cam feeds, all in the field of sports and esports; downloadable mobile application for providing entertainment and sports and esports related news", "Clothing for men, women, and children, namely, shirts, T-shirts, sport shirts, polo shirts, sweatshirts, sweaters, jerseys, pants, hats, and caps" and "Entertainment services, namely, providing sports and esports programming in the nature of a continuing program featuring sports and esports delivered by television, radio, the internet and information, previews, alerts, replays, video clips of sporting competitions, web cam feeds distributed via various platforms across multiple forms of transmission media, all in the field of sports and esports; entertainment services in the nature of fantasy sports and esports leagues, provided via downloadable mobile software applications and distributed via various platforms across multiple forms of transmission media", respectively;

 

-       Reg. No. 5,619,207 for the DRAFTKINGS SPORTSBOOK word mark, filed on March 03, 2018, and granted on November 27, 2018, in international class 41, to identify "Bookmaking services, namely, providing of information related to sports betting; organizing, arranging, conducting sports betting and gambling tournaments, competitions and contests"; and

 

-       Reg. No. 6,924,808 for the DRAFTKINGS word mark, filed on January 18, 2022, and granted on December 13, 2022, in international classes 9, 35 and 41, to identify "Downloadable computer programs and downloadable software for use in accessing websites where users can gamble and place bets; downloadable computer software in the nature of a mobile application for use on mobile phones, tablet computers, computer terminals, self-service interactive kiosks, and handheld electronic devices for use in accessing websites where users can gamble and place bets; downloadable computer game software for use on mobile phones, tablets computers and handheld electronic devices mobile devices; downloadable computer game software for stationary gambling machines", "Provision of an online marketplace for buyers and sellers of digital art images, digital graphics files, digital collectibles, digital photography, digital video clips, downloadable desktop graphics files, video clips and art images that may be shared electronically, all being authenticated by non-fungible tokens" and "Entertainment services, namely, providing online casino-style games and games of chance; entertainment services, namely, providing online slot machine-style games; entertainment services, namely, online casino-style gaming; gaming services in the nature of casino gambling; entertainment services, namely, providing games of chance via the Internet; bookmaking services, namely, providing of information related to sports betting; organizing, arranging, conducting sports betting and gambling tournaments, competitions and contests", respectively.

 

The disputed domain name was registered on March 7, 2025. It currently redirects to a website that offers online casino-style games, including slot machines and other games of chance. The site promotes various incentives such as welcome bonuses and free credits, and features visual elements commonly associated with online gambling platforms. Notably, the website displays a logo containing a crown icon and stylized text that closely resembles the visual presentation of the Complainant's mark. The combination of name structure and logo design is likely to create an overall impression similar to that of the Complainant's brand.

 

The Respondent has not proven any legitimate interests or rights over the disputed domain name.

 

The Complainant has proven the Respondent's bad faith and the domain name should be transferred to the Complainant.

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."

 

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

The domain name <drafttkingss.com> fully reproduces the Complainant's prior DRAFTKINGS trademarks.

 

The addition of a second "t" in "draft" and a second "s" in "kings" is insufficient to eliminate the likelihood of confusion. In fact, as acknowledged by the Respondent, these modifications may be perceived as typographical errors or slight variations that users could easily overlook or misinterpret. The Respondent itself concedes that the double "t" may appear redundant and that the double "s" could be read as a misspelling of "King's," rather than a meaningful deviation. Such minimal changes do not disrupt the visual or conceptual impression of the Complainant's mark, and instead reinforce the risk that consumers will associate the domain name with the Complainant or its offerings. (See American Honda Motor Co., Inc. v. Domain Admin FA 2126033 (Forum Dec. 27, 2024) finding that "The <hondae.com> domain name incorporates Complainant's HONDA mark in its entirety with the mere addition of the letter "e" and the generic Top Level Domain ("gTLD") ".com". The addition of a single letter and a gTLD to a mark does not distinguish the disputed domain name from the mark incorporated therein according to Policy ¶ 4(a)(i)").

 

Therefore, the Panel concludes that the domain name in dispute is identical and confusingly similar to the Complainant's trademarks, under Paragraph 4(a)(1).

 

Rights or Legitimate Interests

According to Paragraph 4(c) of the Policy, a Respondent may establish its rights or legitimate interests in the disputed domain name by showing any of the following elements:

 

"(i) before any notice to you [Respondent] of the dispute, your use of, or demonstrable preparations to use, the Domain Name or a name corresponding to the Domain Name in connection with a bona fide offering of goods or services; or

 

(ii) you [Respondent] (as an individual, business, or other organization) have been commonly known by the Domain Name, even if you have acquired no trademark or service mark rights; or

 

(iii) you [Respondent] are making a legitimate noncommercial or fair use of the Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue."

 

The Respondent failed to demonstrate any of the circumstances set out in Paragraph 4(c) of the Policy that would confer rights or legitimate interests in the disputed domain name.

 

First, there is no evidence that the Respondent has been commonly known by the disputed domain name. The domain name does not reflect the Respondent's legal name or any established brand or identity independently associated with the Respondent. The fact that the Respondent has obtained the disputed domain name is not enough to give him a legitimate interest (See MADRID 2012, S.A. v. Scott Martin-MadridMan Websites, D2003-0598 (WIPO October 8, 2003) finding that "The mere presence in the WhoIs-database is not sufficient in this regard as otherwise every registrant of a domain name could establish a legitimate interest under the Policy, paragraph 4(c)(ii) by using this argument.").

 

Second, although the Respondent alleges that it has used the domain name in connection with a bona fide offering of goods and services, the Panel finds that the use of a domain name that incorporates the Complainant's mark in its entirety, with only minor alterations, to redirect users to an online gambling platform is not bona fide within the meaning of the Policy. The Respondent's use appears to trade on the goodwill of the Complainant's well-known mark, particularly considering that the website offers services in the same field as the Complainant (i.e., online gaming and casino-style services). (See DK Crown Holdings Inc. v. Marian Titu, FA 2055309 (Forum Aug. 22, 2023) finding that "Previous Panels have found that use of a disputed domain name to offer goods or services in competition with those of a complainant does not constitute a bona fide offering of goods or services or a legitimate noncommercial or fair use."). The addition of a similar crown logo further reinforces the impression that the Respondent is attempting to associate its platform with the Complainant's trademarks.

 

Third, the Respondent has not demonstrated that it is making a legitimate noncommercial or fair use of the domain name. On the contrary, the website redirected by the domain name is commercial in nature and appears designed to attract users for online gambling services, without any disclaimer or clarification to distinguish itself from the Complainant. This use is likely to misleadingly divert consumers and capitalize on the reputation and goodwill of the Complainant's trademarks.

 

The Panel finds that Respondent has no rights or legitimate interests in the domain name.

 

Registration and Use in Bad Faith

Accordingly, the Panel finds sufficient evidence that the disputed domain name was both registered and is being used in bad faith, as required under Paragraph 4(a)(iii) of the Policy.

 

The Respondent registered the disputed domain name long after the Complainant had established its rights in the DRAFTKINGS trademarks, with several federal trademark registrations in the USPTO, and a significant commercial presence in the fields of fantasy sports, online betting and gaming. The Panel considers it implausible that the Respondent was unaware of the Complainant's well-known trademarks at the time of registrations, particularly given the similarity of services offered through the disputed domain name and the visual imitation of the Complainant's trademark, including a crown logo and similar typography.

 

Furthermore, as stated above, the disputed domain name redirects users to a website offering online gambling services, which is the exact same services offered by the Complainant, demonstrating, thus, an intent to attract Internet users by creating a likelihood of confusion with the Complainant's trademark. (See DK Crown Holdings Inc. v. Marian Titu, FA 2055309 (Forum Aug. 22, 2023) finding that "Panels have held that registration and use of a disputed domain name to divert Internet traffic to a competing website offering the same or similar goods or services demonstrates bad faith registration and use under Policy ¶¶ 4(b)(iii) and/or (iv).").

 

Such conduct is expressly recognized under Paragraph 4(b)(iv) of the Policy as evidence of bad faith:

 

"b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(…)

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your 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 your web site or location or of a product or service on your web site or location."

 

Therefore, the Panel concludes that the requirements of paragraph 4(a)(iii) of the Policy have been sufficiently made out by the Complainant and that the Respondent's bad faith registration and use of the Domain Name has been proven.

 

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 <drafttkingss.com> domain name be TRANSFERRED from Respondent to Complainant. 

 

 

 

Eduardo Magalhães Machado, Panelist

Dated: May 14, 2025