WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
CD Projekt, S.A. v. Bruce Wayne
Case No. D2019-2315
1. The Parties
The Complainant is CD Projekt, S.A., Poland, represented by Mitchell, Silberberg & Knupp, LLP, United States of America.
The Respondent is Bruce Wayne, United States of America.
2. The Domain Name and Registrar
The disputed domain name, <cyberpunk.games> (the “Domain Name”), is registered with GoDaddy.com, LLC (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 23, 2019. On September 24, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On September 24, 2019, 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.
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 of the Complaint, and the proceedings commenced on September 30, 2019. In accordance with the Rules, paragraph 5, the due date for Response was October 20, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 24, 2019.
The Center appointed Tony Willoughby as the sole panelist in this matter on November 1, 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 a video game developer. One of its games, which has received extensive advanced publicity, is ‘Cyberpunk 2077’. The game is due to be released in April 2020. The Complainant is the registered proprietor of several trade mark registrations of or including the mark CYBERPUNK. One such registration is United States Trademark Registration No. 4,062,690 CYBERPUNK (standard character mark) registered in the name of a predecessor in title on November 29, 2011 (application filed March 23, 2011) in Class 28 for role playing games.
The Domain Name was registered on January 24, 2019 and connected to a website replicating the appearance of the Complainant’s website connected to its domain name, <cyberpunk.net>, and offering “FREE ACCESS TO THE PRIVATE BETA” of ‘Cyberpunk 2077’.
5. Parties’ Contentions
The Complainant contends that the Domain Name is identical or confusingly similar to the Complainant’s CYBERPUNK trade mark, that the Respondent has no rights or legitimate interests in respect of the Domain Name and that the Domain Name has been registered and is being used in bad faith.
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
According to paragraph 4(a) of the Policy, for this Complaint to succeed in relation to the Domain Name, the Complainant must prove each of the following, namely that:
(i) The Domain Name is identical or confusingly similar to a trade mark or service mark in which the Complainant has rights; and
(ii) The Respondent has no rights or legitimate interests in respect of the Domain Name; and
(iii) The Domain Name has been registered and is being used in bad faith.
B. Identical or Confusingly Similar
The Complainant’s trade mark CYBERPUNK is readily recognizable in the Domain Name. As such the Panel finds that the Domain Name is identical or confusingly similar to a trade mark in which the Complainant has rights.
C. Rights or Legitimate Interests
The nature of the Complainant’s trade mark combined with the appearance of the website to which the Domain Name is connected (see section 4 above) make it clear that the Respondent is targeting the Complainant’s ‘Cyberpunk 2077’ game, which is due to be released in April 2020. That the Respondent can have no rights or legitimate interests in respect of the Domain Name is plain in that, according to the unchallenged evidence of the Complainant, the service offered at the Respondent’s website (namely, access to the private beta of ‘Cyberpunk 2077’) does not exist. The Complainant explains:
“The website located at the Disputed Domain Name purports to offer visitors the opportunity to “GET FREE ACCESS TO THE PRIVATE BETA” of the game Cyberpunk 2077. (A “beta” is a preview build of a video game). In fact, the <cyberpunk.games> website is a scam. There is no “private beta” of Cyberpunk 2077 and the <cyberpunk.games> website does not have access to any preview versions of the game. Clicking on a link to verify that the user is “over 18 years old” directs the user to a series of websites that ultimately require the user to submit credit card or other personal information.”
The Respondent had an opportunity to respond to that evidence of the Complainant, but elected not to do so. The Panel finds that the Respondent has no rights or legitimate interests in respect of the Domain Name.
D. Registered and Used in Bad Faith
The Panel concludes on the evidence before it and on the balance of probabilities that the Respondent elected not to respond to the Complainant’s contentions (and in particular the paragraph from the Complaint quoted above), because he has no answer.
The Panel finds that the Domain Name has been registered and is being used in bad faith within the meaning of paragraphs 4(a)(iii) and 4(b)(iv) of the Policy.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name, <cyberpunk.games>, be transferred to the Complainant.
Date: November 13, 2019