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Professional poker player wins domain name case

Gustav Hansen,a.k.a Gus Hansen,a professional poker player who won three World Poker Tour submitted a complaint with the WIPO Arbitration and Mediation Center requesting the domain name gushansen.com to be transferred to him.

The respondent is in this case Kudashov of Odessa, Ukraine ,who failed to submit a response at this application.
As noted in the complainant " a person’s name may constitute an unregistered mark; and (ii) an unregistered mark may constitute a trademark in respect of which an action may be brought under the Policy" it is obvious that the disputed domain name is identical to Gus Hansen's name.
Therefore the Panel said that  it is impossible that a person,in this case,the respondent,was unaware of the complainant's trademark.
Moreover,it seems that the respondent used the disputed domain name "as the URL for a website that purports to be the authentic website of the Complainant but which in fact directs visitors to the website of a online Poker service that is a direct competitor of the online Poker service with which the Complainant is connected."
This way Gus Hansen managed to prove that the domain name was registered and used in bad faith.
All in all,because the respondent did not reply to any complainant’s contentions and because Gus Hansen managed to prove all the elements needed,the Panel decided gushansen.com domain name to be transferred from the respondent to the complainant.

 

 

 
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