national arbitration forum

DECISION

Gaming Network Solutions, LLC v. Hanah Taylor

Claim Number: FA1207001452073

PARTIES

Complainant is Gaming Network Solutions, LLC (“Complainant”), represented by Fred Fateh of Gaming Network Solutions, LLC, California, USA. Respondent is Hanah Taylor (“Respondent”), Germany.

REGISTRAR AND DISPUTED DOMAIN NAMES

The domain names at issue are <playtongits.com> and <doingpoker.com>, registered with Tucows, Inc.

PANEL

The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.

David A. Einhorn appointed as Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on July 5, 2012; the National Arbitration Forum received payment on July 6, 2012.

On July 6, 2012, Tucows, Inc confirmed by e-mail to the National Arbitration Forum that the <playtongits.com> and <doingpoker.com> domain names are registered with Tucows, Inc and that Respondent is the current registrant of the names. Tucows, Inc has verified that Respondent is bound by the Tucows, Inc registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).

On July 16, 2012, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 6, 2012 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@playtongits.com and postmaster@doingpoker.com. Also on July 16, 2012, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.

Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.

On August 9, 2012, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David A. Einhorn as Panelist.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

PARTIES' CONTENTIONS

A. Complainant’s Contentions

Complainant develops, creates, and operates online social games.
Two of Complainant’s games are the PLAYTONGITS game and the DOINGPOKER game.
DG Holdings Group, SA was originally the owner of the <playtongits.com> and <doingpoker.com> domain names and the current listed owner, Respondent, Hannah Taylor, is nonexistent and is actually an alias for DG Holdings Group, SA’s prior management.
Between 2009 and 2010, William Wade made two business loans to DG Holdings Group, SA that were secured by all tangible, intangible, and intellectual property assets of DG Holdings Group, SA.
Upon DG Holdings Group, SA’s inability to repay the loans, Mr. Wade filed a civil action in the Superior Court of Fulton County, Georgia against DH Holdings Group, SA on July 12, 2011 (File No. 2011-CV-203128).
On July 12, 2011, the court issued a default judgment against DG Holdings Group, SA in favor of Mr. Wade, which entitled Mr. Wade to all assets of DG Holdings Group, SA, including equity interests in subsidiaries and intellectual property, such as the disputed domain names.
On January 24, 2012, after filing the correct civil action and publishing the correct notices, Mr. Wade sold all of the assets to Complainant.
Complainant has control of the sub-domains, <games.playtongits.com> and <games.doingpoker.com>, which Complainant uses to offer its games.
Respondent is not commonly known by the <playtongits.com> and <doingpoker.com> domain names.
Respondent’s ownership of the disputed domain names disrupts Complainant’s business.
Respondent is attempting to attract, for commercial gain, Internet users to Respondent’s website by creating a likelihood of confusion as to Complainant’s affiliation with the disputed domain names.

B. Respondent

Respondent failed to submit a Response in this proceeding.

FINDINGS AND DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."

Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and

(2) Respondent has no rights or legitimate interests in respect of the domain name; and

(3) the domain name has been registered and is being used in bad faith.

In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).

Identical and/or Confusingly Similar

Complainant asserts rights based upon alleged common law rights to the marks PLAYTONGITS and DOINGPOKER. However, Complainant has not provided evidence or even alleged facts which support a claim of common law rights or show that the alleged marks have acquired secondary meaning, even after being provided a second opportunity to present such evidence by interlocutory order.

Thus, for this reason alone, Complainant has not satisfied ¶ 4(a)(i) of the Policy, and this Panel need not analyze the contract or civil action issues raised by Complainant. Neither is there a need for the Panel to determine whether Respondent has rights or legitimate interests in the domain names, or whether Registrant registered or used the domain names in bad faith.

DECISION

Having not established all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.

Accordingly, it is Ordered that the <playtongits.com> and <doingpoker.com> domain names REMAIN WITH Respondent.

David A. Einhorn, Panelist

Dated: September 7, 2012