WIPO Domain Name Decision DCO2018-0013 for gtagames.co
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Take-Two Interactive Software, Inc. v. Hakan Bulgurlu, Apitech Yazilim ve Danismanlik Case No. DCO2018-0013 1. The Parties
The Complainant is Take-Two Interactive Software, Inc. of New York, New York, United States of America ("United States"), represented by Kelley Drye & Warren, LLP, United States.
The Respondent is Hakan Bulgurlu, Apitech Yazilim ve Danismanlik of Denizli, Turkey. 2. The Domain Name and Registrar
The disputed domain name is registered with FBS Inc. (the "Registrar"). 3. Procedural History
The Complaint in English was filed with the WIPO Arbitration and Mediation Center (the "Center") on May 3, 2018. On May 11, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 14, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
Pursuant to the Complaint submitted in English and the registrar verification dated May 14, 2018 stating that Turkish is the language of the registration agreement of the disputed domain name, on May 15, 2018, the Center sent a request in English and Turkish that the Parties submit their comments on the language of the proceeding. On May 18, 2018, the Complainant submitted its request for English to be the language of the proceeding. At the same date, the Respondent submitted its request for Turkish to be the language of the proceeding.
The Center verified that the 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 in English and Turkish of the Complaint, and the proceedings commenced on May 22, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 11, 2018. According to the Rules, paragraph 17, on June 19, 2018, the proceeding was suspended until July 18, 2018. Upon the Complainant's request, the suspension period was extended until August 17, 2018. Upon the Complainant's request, the proceeding was reinitiated on August 17, 2018. The Respondent submitted informal email communications but did not submit any formal Response and the due date for Response was August 18, 2018. Accordingly, on August 20, 2018, the Center notified the Parties that it would proceed to panel appointment.
The Center appointed Kaya Köklü as the sole panelist in this matter on August 22, 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 is a worldwide publisher, developer and distributor of interactive entertainment software. One of the Complainant's well-known products is the "Grand Theft Auto" series of video games, which is since 1997 available on the international market published in various editions.
The Complainant is the registered owner of the trademark GTA, which is an acronym for "Grand Theft Auto". The GTA trademark is registered in many jurisdictions worldwide, such as in the European Union (i.a. with trademark nos. 1154764, 7405558 and 8374341), cf. Annex 4 to the Complaint.
The Complainant also owns and operates various domain names which incorporate the trademark GTA, such as or .
The disputed domain name was registered on May 2, 2015.
The Respondent seems to be a representative of a software entity located in Istanbul, Turkey.
The screenshots, as provided by the Complainant in the case file (cf. Annex 7), show that the disputed domain name resolved to a website in the English language offering access to a large range of different online video games, by prominently using the Complainant's trademark GTA without publishing any visible disclaimer describing the (non-existent) relationship between the Parties. Currently, the disputed domain name redirects to the website "/gta-games" and its use remains the same. 5. Parties' Contentions A. Complainant
The Complainant requests the transfer of the disputed domain name.
The Complainant is of the opinion that the disputed domain name is confusingly similar to its GTA trademark.
Furthermore, the Complainant argues that the Respondent has no rights or legitimate interests in respect of the disputed domain name. It is rather argued that the disputed domain name falsely suggests that there is some official or authorized link with the Complainant and the Respondent.
Finally, it is argued that the Respondent has registered and is using the disputed domain name in bad faith. The Complainant particularly argues that the Respondent must have been well aware of the Complainant's GTA trademark, when registering the disputed domain name, particularly as the Respondent prominently uses the Complainant's GTA trademark on the website linked to the disputed domain name. B. Respondent
The Respondent did not reply to the Complainant's contentions.
However, the Center received various email communication from the Respondent.
In its emails, the Respondent mainly indicates that it is prepared to remove the GTA trademark and logo from the website linked to the disputed domain name. Additionally, the Respondent indicates that it alternatively would be prepared to sell the disputed domain name to the Complainant. 6. Discussion and Findings 6.1. Language of the Proceeding
Although the language of the registration agreement of the disputed domain name is the Turkish language, t