WIPO Domain Name Decision D2018-1224 for jakcpotjoy.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Jackpotjoy Operations Ltd and Dumarca Holding Limited v. On behalf of OWNER c/o / Tulip Trading Company Case No. D2018-1224 1. The Parties
Complainants are Jackpotjoy Operations Ltd of Nassau, Bahamas (“Complainant No. 1”) and Dumarca Holding Limited of Sliema, Malta (“Complainant No. 2”), represented by Brimondo AB, Sweden.
Respondent is On behalf of OWNER c/o of Alexandria, Virginia, United States of America / Tulip Trading Company of Charlestown, Saint Kitts and Nevis.1 2. The Domain Name and Registrar
The disputed domain name is registered with Key-Systems GmbH dba (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 31, 2018. On June 1, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 4, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on June 5, 2018, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on June 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 Respondent of the Complaint, and the proceedings commenced on June 6, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 26, 2018. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on June 27, 2018.
The Center appointed Stephanie G. Hartung as the sole panelist in this matter on July 9, 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
Complainant No. 1 is a company domiciled in the Bahamas while Complainant No. 2 is domiciled in Malta. Complainants are subsidiaries of the Jackpotjoy Group PLC which is active in the online gaming industry through a variety of brands, inter alia, “Jackpotjoy”.
Complainants have provided evidence that they are the registered owners of numerous trademarks relating to the designation “jackpotjoy”, including, inter alia:
- Word mark JACKPOTJOY, European Intellectual Property Office (EUIPO), Registration No.: 009114166, Registration Date: December 6, 2010, Owner: Complainant No. 1, Status: active;
- Word-/device mark JACKPOTJOY, EUIPO, Registration No.: 011729134, Registration Date: September 25, 2013, Owner: Complainant No. 1, Status: active;
- Word mark JACKPOTJOY, World Intellectual Property Organization (WIPO), Registration No.: 1119151, Registration Date: November 15, 2011, Owner: Complainant No. 2, Status: active;
- Word-/device mark JACKPOTJOY, WIPO, Registration No.: 1172760, Registration Date: May 29, 2013, Owner: Complainant No. 2, Status: Active.
Respondent, a company residing in St. Kitts and Nevis, registered the disputed domain name on May 17, 2017. As of the time of the rendering of this decision, the disputed domain name resolves to a standardized Pay-Per-Click (“PPC”) website with hyperlinks to a variety of third parties’ websites in the online gaming industry.
Complainants contacted Respondent by cease-and-desist notices of April 24, 2018 and May 15, 2018 to which Respondent did not reply.
Complainants request that the disputed domain name be transferred to Complainant No.1. 5. Parties’ Contentions A. Complainant
Complainants contend to have authorized a company Profitable Play Limited to use their JACKPOTJOY trademark to run a website at “” offering online betting and gaming services. This website was founded in 2001 in the United Kingdom of Great Britain and Northern Ireland and has meanwhile 4 million members. During the 12 months until April 2018, the website had over 7 million users with over 50 million sessions; it has won several awards since 2007, including the EGR Operator Awards in 2010, 2011, 2012, 2013, and 2015 in various categories.
Complainants submit that the disputed domain name is confusingly similar to Complainants’ JACKPOTJOY trademark as it differs therefrom only by the switched letters “ck” in “jack”, thus creating a typical typo-squatted domain name. Moreover, Complainants assert that Respondent has no rights or legitimate interests in respect of the disputed domain name since: (1) Respondent is not sponsored by or legitimately affiliated with Complainants and has not been given permission by them to use their JACKPOTJOY trademark in any way; (2) Respondent apparently owns no trademark rights that reflect the disputed do