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La Française Des Jeux v. L Welsr

WIPO Case No. D2002-0305

Outcome
Transfer
Domain names
wwwfdjeux.com, wwwfdjeux.net
Complainant
La Française Des Jeux
Respondent
L Welsr
Panelist
François Dessemontet
Decided
16 Jun 2002
Response
The respondent did not reply
Language
English

Source: WIPO Arbitration and Mediation Center. Official copy: https://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0305.html

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

La Française des Jeux v. L Welsr

Case No. D2002-0305

1. The Parties

Complainant in this proceeding is La Française des Jeux, 5-7 rue Beffroy,

92523 Neuilly sur Seine, France.

Respondent is L. Welsr, 1605 5th Avenue, suite 510,

Seattle, WA 98101, United States of America.

2. The Domain Names and Registrar

This dispute concerns the domain names <wwwfdjeux.com> and <wwwfdjeux.net>.

The Registrar with which the domain name is registered is Innerwise, Inc.

D/B/A ItsYourDomain.

3. Procedural History

The WIPO Arbitration and Mediation Center (the Center) received the complaint

on March 29, 2002, (electronic version) and April 3, 2002,

(Hardcopy). On April 8, 2002, the Center sent a request for registrar

verification in connection with this case to Innerwise, Inc. The registrar verification

response was received on April 19, 2002. The notification of complaint

was transmitted on April 22, 2002, and the notification of the respondent’s

default on May 13, 2002. The file was transmitted to the Sole Panelist

on May 31, 2002.

4. Factual Background and The Parties’ Contentions

A. The Trademark

The complaint is based on the community trademark application "fdjeux"

n° 002082212, filed on February 9, 2001, and on the community

trademark application "fdjeux.com" n° 002083459, filed on the

same day.

Complainant registered the domain names <fdjeux.com> and <fdjeux.net>

and is currently using them for its online gaming services.

B. The Complaint

In its complaint Complainant alleges that the disputed domain names are identical

or confusingly similar to Complainant's trademarks.

Complainant alleges that Respondent has no rights or legitimate interests in

the domain names as Respondent does not have any trademark rights to the disputed

domain names and has never been authorized, or otherwise permitted by the Complainant,

to use any of its trademarks or to apply for or use any domain name incorporating

any of these trademarks. Complainant also alleges that its trademark rights

pre-date the registration by Respondent of the disputed domain names. Further,

as Respondent is using the disputed domain names to attract Internet users to

online casinos which users may mistake for that of Complainant's legitimate

web sites, Complainant alleges that it amounts to an obvious and blatant strategy

of trading upon the established reputation, goodwill and trademark rights of

Complainant. Such a use cannot be regarded as legitimate.

Complainant alleges that Respondent has registered and used the domain names

in bad faith as Respondent has clearly and intentionally attempted to attract,

for commercial gain, Internet users to competing online casinos, by creating

a likelihood of confusion with Complainant's mark as to the source, sponsorship,

affiliation, or endorsement of Complainant's web site or location of a product

or service on Complainant's web site. Complainant further alleges that Respondent

registered domain names mirroring domain names owned by Complainant primarily

for the purpose of disrupting the business of a competitor.

C. The Response

The Respondent has not forwarded any response.

5. Discussion and Findings

a) Identical or Confusing Domain Name

Complainant filed trademark applications for "fdjeux" and "fdjeux.com".

Pending trademark applications have been regarded as trademark rights in cases

in which the marks had been used (see for example Worldblackbelt, Inc. v.

Nationwide Communications, eRes Case No. AF-0881 (August 2, 2001),

Bennett Coleman & Co Ltd v. Steven S. Lalwani/Bennett Coleman & Co

Ltd v. Long Distance Telephone Company, WIPO

Case No. D2000-0014 and The David J. Joseph Company v. Richard F. Barry,

WIPO Case No. D2000-1418). Of course,

there may be in this regard a difference between various legal systems as to

how a trademark right may be acquired through use in the United States of America

as opposed to through registration in the E.U. However, prima facie examination

of the community trademark applications does not reveal an obvious ground for

denying the registrations. Thus, the trademarks applications may be considered

in the present case to suffice for the purpose of the ICANN Policy.

The adding of the letters "www" in front of Complainant trademarks

in the disputed domain names is not a distinctive feature. It has already been

stated that such an addition is not sufficient to avoid confusion (Infospace.com,

Inc. v. Registrar Administrator Lew Blanck, WIPO

Case No. D2000-0069).

b) Respondents Rights or Legitimate Interests in the Domain Names

Respondent defaulting in this present proceeding has not provided evidence

of any circumstance giving rise to a right or to a legitimate interest in the

domain names. On the contrary, the disputed domain names point to an Online

casino. The use of domain names to misdirect Internet surfers to a web site

offering services similar to that of Complainant cannot be considered a bona

fide offering of goods or services (See <easyjet.net>, WIPO

Case No. D2000-0024). Respondent has no legitimate interests in the disputed

domain names as Respondent uses them to mirror Complainant’s own domain names,

thus creating a likelihood of confusion for commercial gain.

c) Domain Name Registered and Used in Bad Faith

The registration of the disputed domain names by Respondent amounts to typographical

cybersquatting. Indeed, Respondent has set up the web site at the domain names

<wwwfdjeux.com> and <wwwfdjeux.net> to resolve without the

"www", which then need not necessarily be typed on the web browser (for example,

there is no need to type in <www.wwwfdjeux.com> in order to reach the

respondent’s site). This is a deliberate attempt to exploit an Internet user’s

typographical mistakes when seeking to reach the Complainant’s web site (see

Infospace.com, Inc. v. Registrar Administrator Lew Blanck, WIPO

Case No. D2000-0069). This clearly shows Respondent’s intention of misappropriating

the established goodwill and reputation of Complainant and demonstrates that

these registrations were made in bad faith.

Further, Respondent is a competitor of Complainant. By hosting an Online gaming

site at the disputed domain names, Respondent is disrupting the business of

a competitor. Internet users reaching the web site located at the disputed domain

names are likely to associate the content of the web site with Complainant.

Therefore, they will go on mistakenly, then unwillingly access the web site

hosted at the disputed domain names instead of the web site they were originally

trying to reach, namely Complainant’s.

6. Decision

In the light of the foregoing, the Panel decides that the domain names registered

by Respondent are confusingly similar to the corresponding trademark applications

of Complainant, that Respondent has no rights or legitimate interests in respect

of those domain names and that the domain names in issue have been registered

and are being used in bad faith by Respondent.

Accordingly the Panel requires that the registration of the domain names <wwwfdjeux.com>

and <wwwfdjeux.net> be transferred to Complainant.

François Dessemontet

Sole Panelist

Dated: June 16, 2002

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