Analysis of WIPO Case DAU2019-0029: Sportsbet Pty Ltd, The Sporting Exchange Ltd, and Flutter Entertainment Plc v. Gaming Investments Pty Ltd

In the domain name dispute case DAU2019-0029, Sportsbet Pty Ltd, The Sporting Exchange Ltd, and Flutter Entertainment Plc (collectively the Complainants) contested the use of the domain name “flutter.com.au” registered by Gaming Investments Pty Ltd (the Respondent). This case was filed with the WIPO Arbitration and Mediation Center on September 27, 2019.

The Complainants, part of the Flutter Entertainment Group, claimed rights to the term “Flutter” through trademarks and brand use in various regions, including the United Kingdom and the European Union. They argued that the disputed domain name was identical or confusingly similar to their trademarks, and the Respondent had no legitimate interests in it. Moreover, they contended the domain name was registered and used in bad faith, considering the Complainants’ prior use of the “Flutter” brand in the online betting industry.

Conversely, the Respondent asserted that “flutter” is a generic term in the gambling industry and that their use of the domain name was legitimate and in line with its descriptive nature. They denied any bad faith in the registration or use of the domain name, highlighting the absence of the Complainants’ trademark rights in Australia and the lack of evidence for the Complainants’ reputation or use of “flutter” in Australia prior to the domain name’s registration.

The case presented complexities regarding the ownership and use of a term that is both a brand name and a generic term within an industry. The decision in this case would hinge on the interpretation of trademark rights, the legitimacy of the domain name’s usage by the Respondent, and the assessment of bad faith in its registration and use.

For more detailed information on this case, you can refer to the full decision on the WIPO website: WIPO Domain Name Decision: DAU2019-0029.

In the domain name dispute case DAU2019-0029, Sportsbet Pty Ltd, The Sporting Exchange Ltd, and Flutter Entertainment Plc (collectively the Complainants) contested the use of the domain name “flutter.com.au” registered by Gaming Investments Pty Ltd (the Respondent). This case was filed with the WIPO Arbitration and Mediation Center on September 27, 2019. The Complainants, part…