Decisión del Panel Administrativo nº D2012-0399 of WIPO Arbitration and Mediation Center, April 13, 2012 (case Jogos Atividades de Internet Ltda. v. Bennie Eeftink - Spil Games Intangibles B.V.)

Resolution DateApril 13, 2012
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionComplaint denied
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Jogos Atividades de Internet Ltda. v. Bennie Eeftink - Spil Games Intangibles B.V.

Case No. D2012-0399

1. The Parties

The Complainant is Jogos Atividades de Internet Ltda. of São Paulo, Brazil represented by Momsen, Leonardos & Cia, Brazil.

The Respondent is Bennie Eeftink, Spil Games Intangibles B.V. of Hilversum Noord, Netherlands, represented by Houthoff Buruma, Netherlands.

2. The Domain Name and Registrar

The disputed domain name [clickjogos.com] (the “Disputed Domain Name”) is registered with MarkMonitor Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 28, 2012. On February 29, 2012, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On March 5, 2012, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 8, 2012. In accordance with the Rules, paragraph 5(a), the due date for Response was March 28, 2012. The Response was filed with the Center on March 26, 2012.

The Center appointed John Swinson as the sole panelist in this matter on April 3, 2012. The Panel finds that it was properly constituted. 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.

4. Factual Background

The Complainant is Jogos Atividades de Internet Ltda. (formerly Clickfoo Atividades de Internet Ltda.), a Brazilian company.

The Respondent, Mr. Bennie Eeftink, is the Chief Strategy Officer of Spil Games Intangibles B.V., a Dutch company which is part of the Spil Games group of companies. Mr. Eeftink is also a co-founder of Spil Games.

The Disputed Domain Name was registered with the Registrar on September 10, 2004.

5. Parties’ Contentions

A. Complainant

The Complainant makes the following submissions.

Identical or Confusingly Similar

The Complainant registered the domain name [clickjogos.com.br] on July 7, 2004. The Respondent registered the Disputed Domain Name only a few months after this. The Disputed Domain Name is composed of the same expressions, including the Portuguese word “jogos”.

The Complainant applied for the registration of the device trade mark CLICKJOGOS (Reg. No. 829.339.850) in class 41 for online games services with the Brazilian Patent and Trademark Office on October 10, 2007 (the “Trade Mark”). The Trade Mark was registered on December 15, 2009.

The Complainant is the owner of the [clickjogos.com.br] domain name and the Trade Mark. The Disputed Domain Name is identical to the Trade Mark and illegally reproduces it.

Rights or Legitimate Interests

The Complainant is the owner of the [clickjogos.com.br] domain name and the Trade Mark. The Complainant did not authorize the Respondent to use the Trade Mark as a domain name. As the Respondent’s web site was created and started being used after the Complainant’s web site, it appears that the Respondent was aware that the Complainant was already using the domain name [clickjogos.com.br] to provide online games.

Registered and Used in Bad Faith

The Respondent started to use the Disputed Domain Name after the Complainant started to use the [clickjogos.com.br] domain name. The web site at the Disputed Domain Name offers the same products (online games) as the Complainant.

The Respondent’s web site used the English language until November 2007. Since then, the web site has been in Portuguese.

The Respondent expressly states on its web site that the Disputed Domain Name is used in Brazil, where the Trade Mark is registered.

In light of the above, it is assumed that the Respondent is...

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