Analysis of WIPO Domain Name Dispute D2019-3088: Joelsson Media Group AB v. Domains By Proxy LLC/Mattias Kaneteg
- by Staff
In the WIPO Domain Name Dispute D2019-3088, Joelsson Media Group AB from Sweden filed a complaint against Domains By Proxy LLC and Mattias Kaneteg from the United States regarding the domain name “casinodaddy.com”. The complainant, operating under the name Casino Daddy since 2016, held European Union Trade Marks for “CASINO DADDY” and “CASINODADDY”. However, the disputed domain name was originally registered in 2009 and acquired by the respondent in 2020.
The complainant argued that the domain name was identical to its trademarks and domain name “casinodaddy.net”, asserting its widespread recognition in the gambling industry. They claimed the respondent had no legitimate interest and accused them of bad faith in acquiring and using the domain name. They cited previous unsuccessful negotiations to purchase the domain name from its prior owner and suggested that the respondent’s use was malicious.
The respondent countered that the domain name consists of generic terms and was acquired for legitimate use in promoting affiliate gambling services. They denied knowledge of the complainant’s brand and claimed the acquisition was made in the open market. The respondent also submitted evidence indicating that their purchase predated the complainant’s trademark applications and the respondent’s awareness of the complainant’s brand.
The WIPO panel found that while the domain name is identical to the complainant’s trademarks and domain, the respondent demonstrated a plausible legitimate interest. The panel also concluded that the complainant did not sufficiently prove the respondent’s awareness of its brand at the time of the domain name’s registration, thus failing to establish bad faith.
As a result, the complaint was dismissed, and no Reverse Domain Name Hijacking was found against the complainant. The case underscores the complexity of domain name disputes, especially when trademarks and generic terms intersect.
For more detailed information, you can view the full decision on WIPO’s website: WIPO Domain Name Decision: D2019-3088.
In the WIPO Domain Name Dispute D2019-3088, Joelsson Media Group AB from Sweden filed a complaint against Domains By Proxy LLC and Mattias Kaneteg from the United States regarding the domain name “casinodaddy.com”. The complainant, operating under the name Casino Daddy since 2016, held European Union Trade Marks for “CASINO DADDY” and “CASINODADDY”. However, the…