Decisión del Panel Administrativo nº DCO2017-0048 of WIPO Arbitration and Mediation Center, February 09, 2018 (case Singapore Pools (Private) Limited v. WhoIs Agent, Domain Protection Services, Inc. / Geisha Rocky)

Resolution DateFebruary 09, 2018
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioColombia (.co)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Singapore Pools (Private) Limited v. WhoIs Agent, Domain Protection Services, Inc. / Geisha Rocky

Case No. DCO2017-0048

1. The Parties

The Complainant is Singapore Pools (Private) Limited of Singapore, represented by Rajah & Tann Singapore LLP, Singapore.

The Respondent is WhoIs Agent, Domain Protection Services, Inc. of Denver, Colorado, United States of America ("United States") / Geisha Rocky of Jakarta, Indonesia.

2. The Domain Name and Registrar

The disputed domain name [singaporepools.co] (the "Domain Name") is registered with Name.com, Inc. (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on December 5, 2017. On December 5, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On December 6, 2017, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on December 7, 2017 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on December 12, 2017.

The Center verified that the Complaint together with the amended 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 20, 2017. In accordance with the Rules, paragraph 5, the due date for Response was January 9, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on January 10, 2018.

The Center appointed Jane Seager as the sole panelist in this matter on January 26, 2018. 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 Singapore Pools (Private) Limited. The Complainant was established in 1968 under its present corporate name, and is the only gaming operator that is legally allowed to offer lotteries and sports betting in Singapore. The Complainant is a wholly owned subsidiary of the Singapore Totalisator Board, a statutory board which is established under the Singapore Totalisator Board Act.

The Complainant's official website is available at "www.singaporepools.com.sg". It registered the corresponding domain name [singaporepools.com.sg] in 1998.

The Complainant has provided evidence that it is the owner of at least four trade marks in Singapore, each being a device mark in stylized form comprising a letter "s" with above it the word "Singapore" and below it the word "pools" (hereinafter referred to as the "SINGAPORE POOLS Trade Marks").

The Domain Name was registered on May 3, 2016 and previously pointed to a website offering gambling services, although such services were restricted to users outside of Singapore (when customers from within Singapore tried to sign up to such services, a message appeared saying that they were not available, while customers from outside Singapore were redirected to a page inviting them to create an account).

On November 18, 2017, the Complainant sent a cease-and-desist letter to the Respondent. The Respondent did not reply to the Complainant's communications, although the Domain Name then started to redirect to the Complainant's website.

5. Parties' Contentions

A. Complainant

The Complainant asserts that the Domain Name is identical to its SINGAPORE POOLS Trade Marks, which contain the textual component "Singapore Pools" and predate the registration of the Domain...

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