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Although the websites are in Russian, the Complainant has provided uncontested translations of text that appears on the websites operating from the Domain Names as follows:. Have you caught yourself thinking 'Where to play slot machines? For example, the application proceeded to grant as a Community Trade Mark on September 3, in respect of goods and services in classes 16, 21, 25, 28, 35, 39, 41, 43, The mark proceeded to grant unchanged in Croatia but has been provisionally refused in Kazakhstan. In Kazakhstan it has been subject to provisional refusal. However, in that case the Respondent does not appear to have been involved and no response was filed. It claims that the use of the Domain Names infringes its trade mark rights. D the majority of the panel concluded that "the Complainant has not carried its burden of proving that Respondent registered and used the Domain Names in bad faith within the meaning of the Policy". The Respondent claims that for the same reasons given by the panels in those cases, the Complaint should be rejected. We have long been a leading national network of gaming clubs, but after some changes in the Russian legislation, the club 'Volcano' had left his home and now we're working on the territory of countries such as Belarus, Latvia, Serbia, Italy, Germany, Romania, the Czech Republic, Peru and Bolivia. Normally in such cases, a panel would include a ruling on admissibility of any such received filings in its decision, or in the event that an opportunity to reply is offered to the other party, in an administrative panel order. Many of these trade marks are registered in Russia. In that filing the Respondent referred to proceedings filed on July 24, with the Russian trade mark office that sought to cancel a number of the Complainant's Russian trade mark registrations. The position as to the admissibility of unsolicited supplemental submissions is addressed in paragraph 4.

At that time the publicly available WhoIs details for the Domain Names identified the registrants as the privacy services "PrivacyProtect. For example, the application proceeded to grant as a Community Trade Mark on October 1, in respect of goods and services in classes 9, 16, 21, 28, 35, 38, 39, 41, 42, 43 and At all relevant times these websites have offered online gaming services.

None of these were called for by the Panel. On May 29,the concerned registrars transmitted by email to the Center their verification responses disclosing the underlying registrants behind the various privacy services as "Lianna Tall" and "Timur Ziganshin" and providing those registrants' vulkan casino net information.

In this respect it claims that the "Complainant with vee quiva casino lunar bingo times speaking had extensive discussions with GGS regarding the [Domain Names] and the websites, including discussions about possible joint projects".

It is because of this approach to business brand, 'Volcano' was the undisputed leader, and even synonymous with 'slots'. It has proceeded to grant in all other designated countries in respect of a modified set of goods and services. In support of that assertion the Respondent relies upon an Affidavit from one Andrey Sevostianov.

However, no further details are provided as to when and in exactly what circumstances that consent was provided and what these supposed "joint ventures" were. Undisputed evidence has been provided that shows that it still has operations in the form of branded gaming clubs throughout Europe; in particular in Germany, Italy, Croatia, Romania, Belarus and Latvia.

For the reasons that are set out in greater detail later on in this decision, the Panel has not considered it necessary to do this. It maintains instead "that [the] Respondent simply acquired the [Domain Names] in hopes of intentionally attracting, for commercial gain, Internet users to Respondent's website by creating a likelihood of confusion".

However, according to the uncontested claims of the Respondent in this respectin all bricks and mortar gambling operations in Russia became illegal save in a limited number of government approved locations.

The mark proceeded to grant unchanged theme casino arizona indian bend buffet what? Belarus, Croatia and Serbia. It was the largest network gaming establishments, which united a great many true connoisseurs of gambling in the casino.

Panels which accept a supplemental filing from one side typically allow the other party the opportunity to file a reply to such supplemental filing. However, before doing so, it is convenient to explain why the Panel did not accede to the Complainant's request that these proceedings be stayed and to respond to the Respondent's contention that this Complaint should be dismissed because the facts are essentially the same as those, and for the reasons given, in WIPO Case No.

At that point the Complainant withdrew its on-the-ground operations in that country. It would appear that these documents are consistent with the Respondent's claims that cancellation proceedings have been commenced challenging a number of the Complainant's marks, although those proceedings appear to be limited to the marks' class 41 registrations.

Keeping pace with the times, not so long ago we went out and the open spaces of the Internet. The Panel accepts that vulkan casino net such circumstances, if the Panel is to depart from the reasoning in these earlier cases, it should at least explain why this is so.

All of our old players, no doubt, already vkurse [sic] the advantages offered vulkan casino net the game at the 'volcano'. However, they also include the following marks:. It claims that, save for the identity of the Domain Names involved, this case is factually identical to the two earlier cases decided in its favour and which involved connected, if not the same, parties.

Instead one would usually expect the panel deciding the latter case to engage with the reasoning in the earlier case and if it disagrees with the earlier case, to explain why this is so. Some may be unremarkable and others may be historical and not reflect mainstream vulkan casino net on the operation of the policy.

The websites are in the Russian language and almost all of the users of those websites come from Russia and the Ukraine.

As for Russia and the CIS countries, there is, perhaps, there will be no such gamblers, who would not love to play clubs volcano. It also relies on the comments in paragraph 4.

The Respondent also appears to claim that the international registrations are invalid because the Complainant is a Cyprus corporation and therefore did not have "a real and effective industrial or commercial establishment in Russia" at the time the marks were registered.

That is the way in which discussion under the Policy progresses and, hopefully, consensus on certain issues is achieved.

In this case, there are potential issues surrounding the Complainant's standing as purported licensee to bring this proceeding, the validity of the underlying trademark rights upon which the Complaint is based, possible trademark abandonment issues, the possible acquiescence of the purported licensors Bartlett and Ritzio in the Respondent's conduct, possible issues of the Complainant's unclean hands, and so forth.

Although no explanation is offered as to why these applications have been made only at this very late stage, the Panel is prepared to admit this submission in these proceedings. As a consequence of this it is claimed that the Complainant's Russian marks have not been used in Russia since at least and that to "the extent they claim protection for gambling services, the Russian Registrations are invalid due to abandonment and non-use and are subject to cancellation". We keep up with the progress and are ready to offer you a long-familiar and favourite games - now on the Internet. It stated that it would inform the Parties of it reasons for not doing so in it decision in this matter. Surely you are familiar with our brand, because not so long ago the gaming club 'Volcano' with blue-red sign can be found in any large, and not very city. If the Panel had considered the exact scope of those proceedings to be determinative of any issue in these proceedings, it would have ordered that the Respondent provide translations of the same in accordance with paragraph 11 b of the Rules and would also have provided the Complainant with an opportunity to respond substantively to the same. This is particularly so given that the Respondent would appear to be repeating arguments that it put forward in the two previous cases involving the Respondent and an entity that claimed to be the Complainant's licensee. One of our innovations is that you can play as well as in free slot machines for money in our club - Volcano online casino! Without false modesty we can say that Vulkan had the largest network of gaming clubs in Russia and Moscow. From to its revenues amounted to in excess of USD 5. It is inconceivable that someone does not recognize good old red-and-blue logo 'Game Club Volcano. However, whether or not this is correct, the Panel has formed the view that it has not needed to take into account the Complainant's supplemental submission in this case save to note that the Complainant seems to dispute the Respondent's contention that gambling has since been unlawful in Russia. In particular:. Given this, the Panel also has not considered the Respondent's supplemental submission in reply of July 17, The marks attacked include each of the Russian trade marks upon which the international Trade Mark registrations identified in paragraph 4. Panels have discretion whether to accept an unsolicited supplemental filing from either party, bearing in mind the need for procedural efficiency, and the obligation to treat each party with equality and ensure that each party has a fair opportunity to present its case. It, therefore, claims that the Respondent has no right or legitimate interest in the Domain Names. Now the old familiar games available right in your browser! It contends that this is not just a case where the facts are similar to those in the earlier decisions relied upon. It claims that the arguments raised by the complainant in those cases were nearly identical to those in the current proceedings. He was in any major city. By taking advantage of the Internet, we can now offer our customers an even greater service. Now free slot machines you can play online casino Volcano. In this respect, the Respondent makes extensive submissions in relation to Russian gaming and intellectual property law. Further, the Complainant contends that the Respondent has sought to hide its true identity, inter alia , through the use of privacy services and that this is again an indicator of bad faith. On July 31, , the Complainant filed a submission in response asking the Panel to suspend these proceedings for 30 days pursuant to Paragraph 18 a of the Rules. Later that same day the Respondent filed a further submission opposing that suspension. That affidavit claims that not only was such use with the implicit consent, but also the explicit consent, of the Complainant. This, of course, does not mean that the mere fact that one or another party has succeeded in one case means that a panel should unquestionably come to the same conclusion in a similar case. The reasons of the panel in each of these case for doing so are addressed later on in this decision. It has proceeded to grant in all other designated countries save for in respect of a modified set of goods and services. It claims that each of the Domain Names is confusingly similar to those marks. The Complainant filed an amendment to the Complaint on June 10, In accordance with the Rules, paragraph 5 a , the due date for Response July 2, In this decision references to the "Respondent" hereinafter is intended as a reference to these registrants unless the contrary is apparent. Most panels that have allowed unsolicited filings have also tended to require some showing of 'exceptional' circumstances. In either scenario, or on its own initiative, a panel may in its discretion request further evidence, information or statements from one or other of the parties by way of administrative panel order. Harris, Olga Zalomiy and Paul M. D the panels did not reach a positive conclusion either that the Respondent had a right or legitimate interest under the Policy or that these were registrations in good faith. Since the heyday of gaming network 'Volcano' Many years have passed, and now we have shifted our emphasis on Europe, Latin America, and most importantly - we are now represented on the Internet! And now - in - we are glad to see you on our official web-site! The mark has proceeded to grant in all of these states and takes the following form:. Namely, the Complainant must prove that:. DeCicco as panelists in this matter on July 28, The Panel finds that it was properly constituted. The only substantive reasoning that is provided in this respect is as follows:. Further, it maintains that it is apparent from the websites operating from the Domain Names that the Respondent is effectively pretending to be the Complainant, when it is not. Each member of 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. The highest quality of service and the most generous slot machines on the market of gambling entertainment - these are our main features. Further, it contends that none of the factors identified in paragraph 4 c of the Policy apply in this cases. The party submitting its filing would normally need to show its relevance to the case and why it was unable to provide that information in the complaint or response. Moreover - Casino- Vulcan.