WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2018-0043
The Petitioner is Cryptologic Operations Limited ofMalta, represented by Mishcon de Reya, Solicitors, United Kingdom of Great Britain and Northern Ireland.
2. Domain Holder
The Domain Holder is Mediapool Communications Limited of Cyprus.
3. Domain Name and Procedural History
This Alternative Dispute Resolution proceeding relates to the domain name <intercasino.se>.
This Petition was filed under the Terms and Conditions of registration (the “.se Policy”) and the Instructions governing Alternative Dispute Resolution proceeding for domain names in the top-level domain .se (the “.se Rules”).
The WIPO Arbitration and Mediation Center ("the Center") verified that the Petition satisfied the formal requirements of the .se Policy and the .se Rules. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on July 25, 2018. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on August 27, 2018.
The Center appointed Per Carlson as the sole Arbitrator in this matter on September 17, 2018. The Arbitrator has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with Section 1 of the .se Rules.
4. Factual Background
The Petitioner is the holder of inter alia the European Union (EU) trademark INTERCASINO (No. 004088506), registered on January 18, 2006, for – among other goods and services – entertainment services, namely arranging, organizing and providing gaming events and gaming competitions in class 41.
The Domain Holder is the holder of the domain name <intercasino.se>, registered on October 28, 2013.
The Petitioner has requested that the domain name <intercasino.se> be transferred to the Petitioner.
The Domain Holder has been invited to respond to the Petition, but has failed to comply with the deadline for the submission of Response.
6. Parties’ Contentions
In support of its claim the Petitioner has relied on the grounds, that the domain name <intercasino.se> is identical to the Petitioner’s INTERCASINO trademark, that the domain name has been registered and used in bad faith and that the Domain Holder has no rights to or justified interest in the domain name.
The Petitioner has stated that the trademark INTERCASINO has a significant reputation in relation to online betting and gaming services provided through the websites “www.intercasino.co.uk” and “www.intercasino.com”, established 1996 and widely regarded as the first online casino.
Furthermore the Petitioner has alleged that the Domain Holder, in 2013 and afterwards redirected the domain name to an affiliate domain, that the Domain Holder has not used the domain name to host content and that the Domain Holder, for a period of time, offered the domain name for sale.
7. Discussion and Findings
In accordance with article 7.2 of the .se Policy, a domain name may be transferred to the party requesting dispute resolution proceedings, if the following three conditions are fulfilled:
1. the domain name is identical or similar to a trade symbol (trademark or service mark), which is legally recognized in Sweden and to which the party requesting dispute resolution can prove its rights,
2. the domain name has been registered or used in bad faith, and
3. the Domain Holder has no rights or justified interest in the domain name.
The Petitioner is the holder of inter alia the EU trademark INTERCASINO legally binding in Sweden. The domain name <intercasino.se> is identical to the Petitioner's trademark INTERCASINO. Based on the record, especially in light of the extensive use of the trademark INTERCASINO, it must be considered clear that the domain name has been registered in bad faith. Furthermore, the Domain Holder, who has not responded to the Petition, has not submitted any evidence that he has any rights or justified interest in the domain name. The domain name shall therefore be transferred to the Petitioner.
The domain name <intercasino.se> shall be transferred to the Petitioner.
Date: October 6, 2018