WIPO Domain Name Decision D2019-1959 for gameloft.fun
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Gameloft S.E. v. Whoisguard, Inc. / Michael Ngulukila Case No. D2019-1959 1. The Parties
The Complainant is Gameloft S.E., France, represented internally.
The Respondent is Whoisguard, Inc., Panama / Michael Ngulukila, South Africa. 2. The Domain Name and Registrar
The disputed domain name (the “Domain Name”) is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 12, 2019. On August 12, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On the same day, 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 August 23, 2019, 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 August 26, 2019.
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 August 27, 2019. In accordance with the Rules, paragraph 5, the due date for Response was September 16, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 17, 2019.
The Center appointed Mathias Lilleengen as the sole panelist in this matter on September 30, 2019. 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 is an international publisher and developer of digitally distributed video games founded in 1999. The Complainant has released more than 200 games and several have been downloaded by millions of players.
The Complainant owns trademarks worldwide for the name “gameloft”, such as European Union trademark No. 2473767 registered on March 13, 2006, International trademark No. 907208 registered on October 31, 2006, and several United States of Amer