Novomatic AG v Serhii Dovhanych

WIPO Case No. D2025-1610

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

Novomatic AG v. Serhii Dovhanych

Case No. D2025-1610

1. The Parties

The Complainant is Novomatic AG, Austria, represented by Salomonowitz Attorneys-at-Law, Austria.

The Respondent is Serhii Dovhanych, Ukraine.

2. The Domain Name and Registrar

The disputed domain name <admiral-casino-online-at.com> is registered with Nicenic International Group

Co., Limited (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 22, 2025. On April 24, 2025, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 30, 2025, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent (REDACTED FOR PRIVACY) and contact information in the Complaint. The Center sent an email communication to the Complainant on April 30, 2025, 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 amendment to the Complaint on April 30, 2025.

The Center verified that the Complaint together with the amendment to 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 1, 2025. In accordance with the Rules, paragraph 5, the due date for Response was May 21, 2025. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 23, 2025.

The Center appointed Zoltán Takács as the sole panelist in this matter on May 28, 2025. 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.

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4. Factual Background

According to Wikpedia, the Complainant is an international gambling company based in Austria, founded by Johann Graf in 1980. The Complainant operates about 2,000 casinos and other gaming facilities in about 50 countries, many of them under the ADMIRAL CASINO brand. It also offers online gambling, and produces slot machines and other technology for the gaming industry.

The Complainant is among others owner of the International Trademark Registration No. 598347 ADMIRAL, registered on December 17, 1992, for variety of goods and services in relation to gaming and betting.

The disputed domain name was registered on February 17, 2025.

The website at the disputed domain name displays a German language online casino business called operated by Novomatic AG, that is by Complainant.

Further to directly referencing the Complainant and its business the website at the disputed domain name promotes the Complainant’s slot games.

5. Parties’ Contentions

A. Complainant

The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name.

Notably, the Complainant contends that:

- the disputed domain name which incorporates its ADMIRAL mark is confusingly similar to it since the
addition of the terms “casino”, “online” and “at” is not sufficient to distinguish the disputed domain name from

the mark;

- the Respondent has no rights or legitimate interests in respect of the disputed domain name and is unable

to rely on any of the circumstances set out in paragraphs 4(c)(i), (ii) or (iii) or the Policy; and

- the Respondent has registered the disputed domain name with full knowledge of its mark and has been

using it to offer illegal copies of the Complainant’s slot games and to provide illegal gambling.

The Complainant requests that the disputed domain name be transferred from the Respondent to the

Complainant.

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

6. Discussion and Findings

6.1 Preliminary Issue

The Panel notes that no communication has been received from the Respondent.

Since the Respondent’s postal address is stated to be in Ukraine, which is subject to an international conflict at the date of this Decision that may impact case notification, it is appropriate for the Panel to consider, in

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accordance with its discretion under paragraph 10 of the Rules, whether the proceeding should continue.
Having considered all the circumstances of the case, the Panel is of the view that it should. The Panel notes
that the Center has used the Respondent’s email address as registered with the Registrar for the purposes
of notifying the Complaint. There is no evidence that the case notification email to this email address was
not successfully delivered.

Further, the Respondent apparently registered the disputed domain name as recently as February 17, 2025, and thus would appear to be capable of controlling the disputed domain name and the related content and that, having apparently received notification of the Complaint by email, he would have been able to formulate and file a Response if he wished to do so.

It is moreover noted that, for the reasons which are set out later in this Decision, the Panel has no serious doubt (albeit in the absence of a formal Response) that the Respondent registered and has used the disputed domain name in bad faith and with the intention of unfairly targeting the Complainant’s goodwill in its trademark.

Lastly, the Complainant has selected as the mutual jurisdiction the courts at the location of the principal offices of the concerned Registrar, such courts not being subject to an international conflict and thus the Panel finds that proceeding with this Decision does not preempt the Respondent from asserting its rights under paragraph 4(k) of the Policy to submit this dispute to the courts at the applicable mutual jurisdiction.

Accordingly, the Panel considers it is able to proceed to determine this Complaint.

6.2 Substantive Issues

In order to succeed on a complaint, a complainant must evidence each of the three elements required by paragraph 4(a) of the Policy, namely that:

(i)        the domain name is identical or confusingly similar to a trademark or service mark in which the

complainant has rights;

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

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

A. Identical or Confusingly Similar

It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant’s trademark and the disputed domain name. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 1.7.

The Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy.
WIPO Overview 3.0, section 1.2.1.

The ADMIRAL mark is reproduced and is recognizable within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.7.

Although the addition of the terms “casino”, “online” and “at” (which in the context of this case can be interpreted as the common abbreviation for Austria) in the disputed domain name may bear on assessment of the second and third elements, the Panel finds that the addition of such terms does not prevent a finding of confusing similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.8.

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The Panel finds the first element of the Policy has been established.

B. Rights or Legitimate Interests

Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in the disputed domain name.

Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the difficult task of “proving a negative”, requiring information that is often primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of proof always remains on the complainant). If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisfied the second element. WIPO Overview 3.0, section 2.1.

Having reviewed the available record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has not rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise.

The Complainant has submitted sufficient and uncontested evidence that it holds well-established prior rights in the ADMIRAL mark.

There is no relationship with or permission from the Complainant for the Respondent’s use of its mark, in a domain name, or otherwise.

The Panel finds that the composition of the disputed domain name incorporating the Complainant’s mark, combined with the use of the disputed domain name to resolve to a website directly referencing the Complainant and its business and promoting slot games of the Complainant does not amount to a bona fide offering of goods as services.

Furthermore, where a domain name consists of a trademark plus an additional term (at the second- or top level) such composition cannot constitute fair use if it effectively impersonates or suggests sponsorship or endorsement by the trademark owner. WIPO Overview 3.0, section 2.5.1.

The Panel finds that the second element of the Policy has been established.

C. Registered and Used in Bad Faith

The Panel notes that, for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith.

Having reviewed the record, the Panel finds that the Respondent’s registration and use of the disputed domain name constitutes bad faith under the Policy.

In the present case, the Respondent was clearly aware of the Complainant’s business and its mark when registered the disputed domain name.

The disputed domain name incorporates the Complainant’s mark in full and resolves to a website that directly references the Complainant and its business and promotes the Complainant’s gaming services. It is

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evident that the Respondent is opportunistically targeting the Complainant and its mark for commercial gain

within the meaning of paragraph 4(b)(iv) of the Policy.

The Panel finds that the Complainant has established the third element of the Policy.

7. Decision

For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <admiral-casino-online-at.com> be transferred to the Complainant.

/Zoltán Takács/
Zoltán Takács
Sole Panelist
Date: June 11, 2025