The Complainant is Mr. Green Ltd / Evoke Gaming Ltd of Silema, Malta, represented by Ports Group AB, Sweden.
The Respondent is Sondre Sagstuen, Rush Partners Ltd of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by Rush Partners Ltd., United Kingdom. 2. The Domain Name and Registrar
The disputed domain name (the “Domain Name”) is registered with Domeneshop AS dba (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 1, 2018. On November 1, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On November 2, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on November 2, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on November 5, 2018.
The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 6, 2018. In accordance with the Rules, paragraph 5, the due date for Response was November 26, 2018. The Response was filed with the Center on November 25, 2018.
The Center appointed W. Scott Blackmer as the sole panelist in this matter on December 4, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
The Complainant Mr. Green Ltd (“Mr. Green”), a limited company established under the law of Malta, is an online casino company founded in 2007. Mr. Green launched its first online casino in 2008. The Complainant’s parent company is Mr. Green & Co AB of Stockholm, Sweden (“MRG”), publicly traded on the Nasdaq Sweden stock exchange, with over 300 employees in thirteen markets and 2017 annual revenues of SEK 1,192 million. The MRG Group website is found at “”.
In 2017 Mr. Green acquired all of the ownership shares of the Complainant Evoke Gaming Ltd (“Evoke”), a limited company formed under the law of Malta, which operates several gaming sites. One of these is “Redbet,” at “” (the “Complainants’ Redbet website”), which offers casino and sports betting and is licensed and regulated by the Malta Gaming Authority and the Gambling Commission of the United Kingdom. The Complainants’ Redbet website is presented in eight languages, but the Complaint indicates that it has a particularly strong position in the online gaming market in the United Kingdom and Sweden.
The Complainant Evoke holds European Union Trademark Registration Number 012711421 (registered July 29, 2014) for REDBET as a word mark.
According to the Registrar, the Respondent, a limited company with a postal address in London, United Kingdom, registered the Domain Name on June 24, 2016. The Domain Name resolves to a casino and sports gambling website in English and Norwegian versions (the “Respondent’s website”). The Respondent’s website appears in a red and black color scheme, as does the Complainants’ Redbet website. The Respondent’s website identifies the website operator as Viral Interactive Limited, a limited company registered in Malta and licensed by the Malta Gaming Authority and the Gambling Commission of the United Kingdom. The “About Redsbet” page of the website explains that the site is part of the “Fansbet network of websites” but with a particular focus:
“Set up specifically for Liverpool fans, Redsbet, is a new, innovative, safe, secure, brilliantly designed betting platform, which partners with you, the supporters, to share half of its profits, meaning that now, for the very first time, it’ll be possible to engage in what we call ‘Win-Win betting’, where if you win you get paid out immediately, but if your bet isn’t successful you can be safe in the knowledge 50% of the company's profits will find their way back to help both you and like-minded Liverpool supporters.”
After discovering the website, the Complainants’ representative sent the Respondent cease-and-desist letters but received no substantive replies. This proceeding followed. The Respondent reports an unsuccessful mediation meeting in November 2018. 5. Parties’ Contentions A. Complainants
The Complainants contend that the Domain Name is confusingly similar to their registered REDBET trademark and that the Respondent has no permission to use the mark or other relevant rights or legitimate interests.
The Complainants infer that the Respondent was well aware of the mark and chose a similar Domain Name, associated with similar website content, colors, and layout, in order to hinder the Complainants’ business, mislead Internet users for commercial gain, prevent the Complainants from reflecting the mark in a corresponding domain name, or ultimately sell the Domain Name to the Complainants. B. Respondent
The Respondent asserts that the Complainants’ REDBET trademark registration was “abusive” but acknowledges that it has not formally objected to it. The Respondent argues that “redsbet” is not confusingly similar to the mark, as it is pronounced differently and refers to the Liverpool FC football team, the “Reds”, whose fans are the target audience for the associated website. The website highlights Liverpool matches and the fact that a portion of losing bets are to be donated to causes and initiatives chosen by Liverpool fans. The Respondent’s website features the red and black colors of the Liverpool Reds and also the team’s “Liver Bird” crest and images of the team, its stadium, banners, and other emblems. Thus, the Respondent suggests that neither the Domain Name itself nor the associated content engender confu
