Bwin has won an intellectual property case after two domain names had been registered by someone else. The disputed domain names, bwin2.com and bwin788.com, were originally registered by shenoyan of Hong Kong. Bwin had complained that, “the Domain Names are identical or confusingly similar to the BWIN trade mark, the Respondent has no rights or legitimate interests with respect to the Domain Names, and that the Domain Names were registered and used in bad faith. The Complainant requests transfer of the Domain Names.”
After the case had been lodged, the respondent gave no reply. A sole panelist, Karen Fong, was appointed to look at the case and found:
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Names and be transferred to the Complainant.
The release had earlier stated:
According to paragraph 4(a) of the Policy, for this Complaint to succeed in relation to the Domain Names, the Complainant must prove each of the following, namely that:
(i) The Domain Names are 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 Names; and
(iii) The Domain Names were registered and are being used in bad faith.
