Panel Dismisses Complaint: Hallofgames.com Domain Name Remains Under Original Attribution

Summary: The Complainant contends that the Respondent registered and is using the domain name hallofgames.com in bad faith; however, the domain name was first registered in 1999, has changed ownership several times since then, and was reopened for registration in 2002. The Panel ultimately finds against the transfer of the domain name hallofgames.com to the Complainant.

The Parties

- The Complainant is Shih Hsia Wu, represented by Joshua G. Jones and Christopher E. Hanba of the law firm DICKINSON WRIGHT PLLC in Texas, USA.

- The Respondent is Brian Pedersen / ComOn Network Aps from Denmark.

Complainant's Claims

1. the Complaining Party has been engaged in the design and manufacture of indoor and outdoor games since 2019 and sells its products through its own website and third-party platforms. The Complainant holds trademark rights in the mark “HALL OF GAMES”, which is registered in various countries and territories (e.g., USPTO Registration No. 6,131,550 dated August 18, 2021).1 The Complainant has also registered the domain name “HALL OF GAMES” in the U.S. Patent and Trademark Office (USPTO). The Complainant contends that the domain name hallofgames.com is highly similar to its HALL OF GAMES mark, contains the full text of the mark, and is appended only to the “.com” generic top-level domain.

2. the Respondent has no legitimate rights or legitimate interests in the domain name hallofgames.com. The Respondent is not known by that name and has not made any bona fide offer of goods or services or non-commercial fair use of the domain name. Instead, the domain name merely points to a page where an account has been suspended.

3. The Complainant submits that the Respondent registered and is using the domain name hallofgames.com in bad faith. Since the Domain Name is not actually used and is consistent with the Hall of Games trademark, the Complainant contends that the Respondent was aware of the trademark rights involved when it registered and used the Domain Name.

Respondent's Response

The Respondent has not responded to the Complaint.

Panel's Opinion

The hallofgames.com domain name was first registered in 2002, whereas the Complainant first used the HALL OF GAMES trademark only in July 2018 (filed with the USPTO). Thus, the domain name was registered prior to the Complainant's right to use the mark. Pursuant to the Rules, the Complainant has failed to establish that the Respondent acted in bad faith in registering and using the Domain Name.

Final Decision

The Complainant has failed to sufficiently prove bad faith in the registration and use of the domain name hallofgames.com. The Complaint is therefore dismissed and the domain name hallofgames.com continues to be owned by the Respondent.

Source: domaingang