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The Respondent denies that it acquired or has used the disputed domain name in bad faith. On December 16, , the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Complainant submits that, in all the circumstances, it is beyond doubt that Mr. Lalev, in which the Respondent is a minority shareholder. Lalev, including the purchase of the disputed domain name in April In order to succeed in the Complaint, the Complainant is required to show that all three of the elements set out under paragraph 4 a of the Policy are present. Lalev identified the disputed domain name as a descriptive, casino-related name, which he considered particularly suitable for the US market, being offered at a reasonable price via GoDaddy, and accordingly took steps to acquire it. The Respondent submits that it has rights or legitimate interests in respect of the disputed domain name. However, it does contend that the Respondent had actual knowledge of the Complainant and its business at the date it acquired the disputed domain name. The Complainant states that, in particular, it approached Mr. The Complaint submits that the Respondent has no rights or legitimate interests in respect of the disputed domain name and that the Respondent acquired and has used the disputed domain name in bad faith. Steven A. The Panel finds that it was properly constituted. It is further submitted that the correct WhoIs record, which would show Mr. The disputed domain name was originally registered on July 16, It was acquired by the Respondent on a date in April or May The Complainant states that it has, in particular, operated channels on YouTube and Twitch where it has received 38 million views and 22 million views respectively. The Respondent states that, since , Miss Hosting has assisted Gamblify Ltd in acquiring over casino-related domain names and that, as of January , Gamblify had built six casino-related websites e. The Respondent also contends that Mr. It states that the Complainant only applied for his first EUTM on May 10, , a month after the Respondent had acquired the disputed domain name. In these circumstances the Complaint must fail. The Complainant states that it also told Mr. D 1. The Respondent also provides an Afternic receipt for the purchase of the disputed domain name dated April 4, , which is a date some weeks before the conversation on or about May 10, on which the Complainant also relies. All rights reserved. It states that the recipient of the email was an employee Andreas Linnuste, who took forward the enquiry on behalf of Mr. The Respondent denies that the disputed domain name is identical or confusingly similar to a trademark in which the Complainant has rights. Privacy Policy.{/INSERTKEYS}{/PARAGRAPH} The Respondent submits that Mr. Decision For the foregoing reasons, the Complaint is denied. The Respondent says that Mr. Factual Background The Complainant is a company registered in Sweden. Contact Us. Registered and Used in Bad Faith The requirements of paragraph 4 a iii of the Policy are conjunctive, in that the Complainant must show both that the disputed domain name was registered in bad faith and that it has been used in bad faith. It states that Miss Hosting is a large ISP with over 85, clients and over , domain names under management, and that it is preposterous to infer, from the single text chat between the Complainant and Mr. Discussion and Findings In order to succeed in the Complaint, the Complainant is required to show that all three of the elements set out under paragraph 4 a of the Policy are present. Lalev considered to be an attractive, descriptive name in the open market when it was being offered for sale by its previous owner and that it has used it in connection with its common meaning. The Panel accepts these submissions and also finds that the Respondent has used the disputed domain name for the purpose of a website which reflects the disputed domain name by offering casino-related affiliate goods services. In relation to the first of these requirements, it is well established that the Complaint will be unable to demonstrate registration in bad faith unless it can show that the Respondent was aware of its use of the mark in question and registered the disputed domain name for the purpose of taking unfair advantage of that mark. The Panel further finds that the disputed domain name is effectively identical to that name. The Respondent has put forward an explanation for its registration and use of the disputed domain name which the Panel considers at least to be plausible. It denies that he has in any way targeted the Complainant or its business by acquiring or using the disputed domain name. The Center sent an email communication to the Complainant on December 26, , providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. On December 13, , the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. The Panel does not consider that the Complainant has met that burden in this case and does not find, therefore, that the disputed domain name was registered in bad faith. It contends that, accordingly, its name is well known in the gambling industry. Lalev to Mr. Since , our attorneys have hundreds of dispute victories and have helped establish internationally-recognized legal precedent. Lalev had assisted in setting up. While it is not as clear that a case has been made out for unregistered or common law trademark rights, it is not necessary in the circumstances for the Panel to resolve that question. Further, the Respondent denies that it was aware of the Complainant or its business at the date it acquired the disputed domain name. On January 27, , pursuant to paragraph 5 b of the Rules, the Response due date was extended until January 31, The Response was filed with the Center on January 31, The Center appointed Steven A. The Respondent exhibits an email dated February 20, from Mr. Specifically, the Complainant provides evidence that it raised an enquiry with Mr. The Complainant states that it contacted the previous owner of the disputed domain name in April and attempted to purchase the disputed domain name. Each member of 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. As that question is inextricably linked to the question of registration and use of the disputed domain name in bad faith, it is considered further below. The Complainant exhibits the relevant email exchanges, from which it appears that there had been earlier negotiations between these parties in The Respondent refers to various joint business interests with another individual, Veselin Lalev, including a Bulgarian company, Gamblify Ltd, owned by Mr. It repeats that it purchased what Mr. The Complainant filed a further submission accordingly on March 13, , and the Respondent filed a reply on March 18, The Complainant is a company registered in Sweden. The Respondent further submits that the Complainant knew, or ought to have known, that there was no reasonable basis for bringing these proceedings and that the Panel should make a finding of Reverse Domain Name Hijacking against the Complainant. The Respondent exhibits a signed declaration from Mr. {PARAGRAPH}{INSERTKEYS}Back to All Cases. The Respondent exhibits an email from Mr. Lalev as the registrant, has not yet been brought up to date. The requirements of paragraph 4 a iii of the Policy are conjunctive, in that the Complainant must show both that the disputed domain name was registered in bad faith and that it has been used in bad faith. Lalev stating that he had no knowledge of the Complainant when he Mr Lalev purchased the disputed domain name. The Complainant filed an amendment to the Complaint on January 3, In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 7, In accordance with the Rules, paragraph 5, the due date for Response was January 27, On January 24, , the Center received an email communication from the Respondent asking for a four day extension to the Response filing period. Those elements are:. Those elements are: i that the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and ii that the Respondent has no rights or legitimate interests in respect of the disputed domain name; and iii that the disputed domain name has been registered and is being used in bad faith. In such circumstances, a panel under the UDRP is not the ideal forum to examine disputed allegations of fact since, unlike a court of law, it is unable, for example, to assess the veracity of the parties under cross-examination, forensically examine the authenticity of documents exhibited, or use other forensic tools such as discovery, which are available in court proceedings. The Complainant requests the transfer of the disputed domain name. The Complainant states that it does not contend that the Respondent is connected with the previous owner of the disputed domain name, as it has no knowledge of any relationship between those parties.