Online casino reclaims domain name from cybersquatter
A Malaysian casino has won a domain name dispute against a Singaporean company that had registered the domain name 'genting-online-casino.com'. The dispute, Genting Bhd v Genting Casino Inc, was settled by a panel at the World Intellectual Property Organization pursuant to the Uniform Domain Name Dispute Resolution Policy (UDRP).
Genting Bhd belongs to a Malaysian conglomerate called the Genting Group. The group has developed the only licensed casino in Malaysia. The complainant contended that the domain name registered by the Singaporean company was an infringement of the complainant's trademark, goodwill and reputation.
In order to succeed, the complainant had to prove the three elements of cybersquatting, stipulated in the UDRP:
- confusing similarity;
- lack of rights/interest in the domain name; and
- bad faith registration or use.
With regard to the first element, the complainant highlighted the respondent's use of its distinctive name 'Genting' in conjunction with 'online' and 'casino', as amounting to imitation of its trademark.
With regard to the second element, the complainant showed that the respondent used the domain name to redirect users to unlawful web pages.
Lastly, bad faith was proved since the respondent had refused to reply to the complainant's letter of demand.
Satisfied that the three elements of cybersquatting were established, the administrative panel found for the complainant and ordered the transfer of the domain name.
Karen Abraham, Shearn Delamore & Co, Kuala Lumpur
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