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Vulkan Update - No Man's Sky

The Complainants are Ritzio Purchase Limited of Nicosia, Cyprus / DAREOS Inc. of Nicosia, Cyprus, represented by Mapa Trade marks SL, Spain. The Respondents are Private Whois, Global Domain Privacy Services Inc. of Panama, Panama / Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, United States of America / Mardiros Haladjian, GGS Ltd. of Anguilla, Overseas Territory of the United Kingdom of Great Britain and Northern Ireland (“United Kingdom”) / Sergey Balash of Moscow, Russian Federation / Sergey Budusov, INFOSTAR MANAGEMENT LTD of London, United Kingdom / Irina Polyakova, GLOBAL DOMAIN PRIVACY SERVICES INC of Panama, Panama / Grygorii Leontiev, GGS Ltd of Anguilla, Overseas Territory of the United Kingdom / Grygorii Leontiev, GLOBAL DOMAIN PRIVACY SERVICES INC of Panama, Panama / Viktor Dmitriev of Ekaterinburg, Russian Federation, represented by Boston Law Group, PC, United States of America.

D2018-0104 - WIPO Domain Name Decision

The disputed domain names are registered with Go Daddy.com, LLC (“Go Daddy”). In this decision, all of the domain names listed above will be referred to as the “Disputed Domain Names”. The Complaint was filed with the WIPO Arbitration and Mediation Center (the ”Center”) on January 19, 2018.

On January 19, 2018, the Center transmitted by email to the Registrars a request for registrar verification in connection with the Disputed Domain Names. On January 22, 2018, Go Daddy 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 in the Complaint. On January 23, 2018, URL Solutions 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 in the Complaint.

The Center sent an email communication to the Complainants on January 29, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainants to submit an amendment to the Complaint. The Complainants filed a first amended Complaint on February 1, 2018. The Complainants filed a second amended Complaint on February 9, 2018. The Center verified that the Complaint together with the first and second amended Complaints 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 February 13, 2018.

In accordance with the Rules, paragraph 5, the due date for Response was March 5, 2018. Upon request of the Respondents, the due date for Response was automatically extended to March 9, 2018, in accordance with the Rules, paragraph 5(b). Gardner as panelists in this matter on April 18, 2018. 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. The Response was filed with the Center March 9, 2018. The Complainants are a group of associated entities which have offered gaming and gambling services online and in various European cities since as early as 1992.

According to the Complaint, Ritzio Purchase Limited (the “First Complainant”) is a leading gaming operator. Between 20, the First Complainant’s operating revenue was in excess of USD 5.5 billion.   According to Bloomberg, Ritzio International Limited operates as a gambling company.  

The company operates slot machine halls and casinos in Ukraine, Kazakhstan, Latvia, Lithuania, Estonia, the Czech Republic, Romania, Bolivia, Peru and Mexico. Ritzio International Limited operates as a subsidiary of Ritzio Entertainment Group. The Complainants own numerous registered trade marks, including: (a) German trade mark number 302008017149 for VULKAN (stylised in a device mark), registered on February 24, 2009, in the name of the First Complainant; (b) Russian trade mark number 353692 for VULKAN, registered on November 18, 2005, in the name of DAREOS Inc (the “Second Complainant”); (c) International trade mark number 791038 for ВУЛКАН (stylised in a device mark), registered on September 3, 2002, designating Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kyrgyzstan, Kazakhstan, Lithuania, Latvia, Moldova, Tajikistan, Turkmenistan, Ukraine and Uzbekistan in the name of DAREOS Ltd (the “Third Complainant”); (d) International trade mark number 989103 for VOLCANO, registered on August 11, 2008, designating Belarus, European Community, Croatia, Kazakhstan, Serbia and Ukraine in the name of the Third Complainant; and (e) International trade mark number 949162 for a stylised version of the letter “V”, registered on January 26, 2007, designating Estonia, Latvia, Belarus, Kazakstan, Lithuania and Ukraine in the name of the Third Complainant.

The Complainants’ trade marks extend to goods and services in the field in which the Complainants operate, particularly gaming, lotteries, and betting. According to the Complaint, the First Complainant has transferred most of its trade marks to the Second and Third Complainants, however the First Complainant continues to control and be licensed to use the trade marks. The Ritzio website located at “ uses the VULKAN and VOLCANO trade marks.

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For example, on a web page concerning Germany, it is stated: “Vulkan Stern is a German version of Ritzio’s key brand ‘Volcano’. Ritzio International operates a family of Vulcano-themed facilities that provide visitors with flexible access to a growing portfolio of gaming venues, entertainment services and strict standards of quality and safety. Thousands of visitors access 249 gaming properties located in four European countries.” The Disputed Domain Names were registered on various dates between 20. According to the Complaint (and this has not been disputed), all the Disputed Domain Names point to websites (the “Respondents’ Websites”) which are substantially identical in content and all of which make extensive use of the Complainants’ trade marks. The Respondents’ Websites are clearly designed to give the impression to visitors that they are an on line manifestation of the Complainants’ successful land based business. In respect of some of the Disputed Domain Names incorporating the term “velkam”, the Disputed Domain Names re-direct to other websites at Disputed Domain Names incorporating the term “vulkan”. The Respondents’ Websites provide the same services as those provided by the Complainants.

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