WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Dareos Ltd. and Dareos Inc. v. WhoisGuard Protected, WhoisGuard, Inc. / Sergi Mironenko Case No. D2021-0892 1. The Parties
The Complainants are Dareos Ltd., Cyprus, and Dareos Inc., Marshall Islands, represented by Mapa Trademarks SL, Spain.
The Respondent is WhoisGuard Protected, WhoisGuard, Inc., Panama / Sergi Mironenko, Ukraine. 2. The Domain Names and Registrar
The disputed domain names
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 24, 2021. On March 24, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Names. On March 24, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for Domain Names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainants on March 25, 2021, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainants filed an amended Complaint on March 30, 2021.
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 March 31, 2021. In accordance with the Rules, paragraph 5, the due date for Response was April 20, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 21, 2021.
The Center appointed W. Scott Blackmer as the sole panelist in this matter on April 28, 2021. 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 Dareos Ltd. is a limited company organized under the law of Cyprus. The Complainant Dareos Inc. is a corporation organized under the law of the Marshall Islands. These entities manage trademarks for the Ritzio International Group and group member Ritzio Purchase Limited (collectively, “Ritzio”), an entertainment group operating in the Russian Federation (“Russia”) since 1992 and in other European markets since 2005. The group’s website is found at “www.ritzio.eu”. According to the Complaint, the Complainants license the relevant trademarks to Ritzio.
Ritzio owns or manages more than 200 gaming halls and associated entertainment services in Russia, Romania, Germany, Belarus, and Croatia. It also offers online gambling to users in many other countries through websites such as “www.vulkanvegas.com” and “www.vulkanvegas-online.com”, with corresponding mobile applications.
The Complainant Dareos Ltd. is the current registered holder of numerous trademark registrations incorporating VULKAN, VOLCANO, VULCAN or the transliterated Cyrillic equivalent ВУЛКАН, including the following: MARK JURISDICTION REGISTRATION NUMBER REGISTRATION DATE
VULKAN (word)
WIPO International Trademark (Russia origin, multiple country designations)
984297
August 11, 2008
VOLCANO
WIPO International Trademark (Russia origin, multiple country designations, including Ukraine)
989103
August 11, 2008
VULKAN (Figurative mark featuring the Russian word Вулкан in Cyrillic letters transliterated as “Vulkan” and translated as “vulcan” or “volcano”)
WIPO International Trademark (Russia origin, multiple country designations including Ukraine)
977713
August 12, 2008
VULKAN (Figurative color mark featuring the Russian word Вулкан in Cyrillic letters transliterated as “Vulkan” and translated as “vulcan” or “volcano”)
WIPO International Trademark (Russia origin, multiple country designations including Ukraine)
992196
October 17, 2008
ВУЛКАН (Cyrillic letters transliterated as “Vulkan”)
Russia
361357
October 8, 2008
The Complaint attaches trademark records showing that some national trademark registrations for the same marks are held by the Complainant Dareos Inc. Hence, both the Complainants are proper parties to this proceeding.
The Complainant Dareos Ltd. also holds International Trademark Registration Number 949162 (registered on January 26, 2007), with multiple country designations including Ukraine, for a figurative mark consisting of an orange and blue capital letter “V”, a logo which is featured on the signage of some of Ritzio’s venues.
Although the Domain Names were initially registered through domain privacy services, after receiving notice of the Complaint in this proceeding the Registrar furnished the following information concerning the registration: Domain Name Registration Date Registrant Registrant’s Country
vlk-casino-club.com
December 9, 2016
Sergi Mironenko
Ukraine
vulkano-klub.com
January 25, 2016
Sergi Mironenko
Ukraine
fan-vulcan.com
August 17, 2017
Sergi Mironenko
Ukraine
vulkan-casino-official.com
April 25, 2018
Sergi Mironenko
Ukraine
vlk-casino-online.com
August 21, 2019
Sergi Mironenko
Ukraine
The Respondent registrant did not list an organization.
The original Complaint named as the Respondents the domain privacy service, an apparent owner of the websites associated with the Domain Names, and an apparent license holder of the website owner. Based on the information furnished by the Registrar, the proper Respondent is the registrant Sergi Mironenko, who is denominated as the Respondent hereafter in this Decision. See Policy paragraph 1, WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 4.4.5.
The Complainants engaged a digital search company, which demonstrated in February 2021 that the Domain Names were all used at that time for online gambling websites operated by a competitor, as follows:
The Domain Name
The Domain Name
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