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The Complainant is Ritzio Purchase Limited of Nicosia, Cyprus, represented by Sandra Santos, Spain. The Respondents are Domain Admin, Privacy Protection Service INC d/b/a Privacy of Nobby Beach, Queensland, Australia / Denis Belov, Asocial Games Ltd. of Belize City, Belize / Ivenkov Vitaly of Moscow, Russian Federation. The disputed domain names (the “Disputed Domain Names”) are registered with PDR Ltd. The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 5, 2017.
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On the same date, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Names. On July 7, 2017, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Disputed Domain Names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 12, 2017, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amended Complaint.
The Complainant filed an amended Complaint on July 14, 2017. 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 Respondents of the Complaint, and the proceedings commenced on July 17, 2017.
In accordance with the Rules, paragraph 5, the due date for Response was August 6, 2017. Accordingly, the Center notified the Respondents’ default on August 7, 2017. Gardner as the sole panelist in this matter on August 14, 2017. 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. The Complainant is a company registered in Cyprus and is part of a business group that has been engaged in gaming and casino operations for over 20 years. It operates under what it describes as the “Vulcan”, “Vulkan”, and “Volcano” brand and corresponding trademarks – as to which, see further below. The origins of the Complainant’s business would appear to have been in the Russian Federation. It has expanded internationally and evidences that its operating revenue between 20 was in excess of USD 5.5 billion).
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It has more than 2,000 employees, and more than 230 Вулкан (which is written in Cyrillic and which is the equivalent of “Vulkan” in Roman script) and/or Vulkan branded gaming clubs and more than 6,300 gaming machines deployed throughout Europe. The Complainant’s trademarks fall into three broad types – the word ВУЛКАН in Cyrillic (which transliterates to VULKAN in Roman script, since Cyrillic has no equivalent of the letter “C,” only “K,” for the “K” sound); the word VULKAN in Roman script, and the word VOLCANO in Roman script. In some cases the relevant word is combined with an image (typically a stylized volcanic eruption) but the word remains the dominant part of the trademarks.
The Complaint includes evidence of numerous registered trademarks. 353692, VULKAN, in respect of gaming machines and services, registered from November 18, 2005; (b) Trademark No. 791038, for a stylized version of ВУЛКАН, registered from September 3, 2002, in Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kyrgyzstan, Kazakhstan, Lithuania, Latvia, Moldova, Tajikistan, Turkmenistan, Ukraine and Uzbekistan; (c) European Union Trade Mark No. 00989103, VOLCANO, registered from August 11, 2008, for a range of gaming machines and services; (d) European Union Trade Mark No.
00984297, VULKAN, also registered from August 11, 2008, for a range of gaming machines and services; and (e) Trademark No. 949162, for a stylized version of V, registered from January 26, 2007, in Estonia, Latvia, Belarus, Kazakhstan, Lithuania and Ukraine, registered in respect of gaming, game services provided online (from a computer network), operating lotteries, and providing casino facilities (gambling).
The Disputed Domain Names were registered on various dates between 20. On the evidence all of the Disputed Domain Names are linked to websites (the “Respondents’ Websites”) which are substantially identical and which in effect impersonate the Complainant’s own websites (see discussion below). In some cases these are separate but essentially identical websites.
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In other cases a given Disputed Domain Name redirects to a website linked to another of the Disputed Domain Names. The Respondents’ Websites provide fully functioning gambling websites enabling customers to play games of chance for money. On the support page of each of the Respondents’ Websites the same contact details in terms of address and telephone numbers are listed. Three different email contact details are used across the Respondents’ Websites, with one of those three email addresses appearing on each website. The Complainant has filed a lengthy and detailed Complaint. The main points it makes are summarized in this section. Where relevant, further and more detailed points it makes are addressed in the Panel discussion in section 6 below.
The Complaint also goes into considerable detail as to who the Complainant says is behind the Respondents, other operational companies it says are involved and matters of this nature. For the purposes of this Decision the Panel has not found it necessary to analyze these matters in any detail.