In a recent decision under the Uniform Domain Name Dispute
Resolution Policy (UDRP) before the World Intellectual Property
Organization (WIPO), a three-member Panel denied the transfer of
the domain name (lotto.com) because the Complainant failed to prove
the absence of rights and legitimate interests on the part of the
Respondent.
Background
The Complainant was Bremer Toto und Lotto GmbH, a German
company. It was the co-owner of several trademarks including
a German trademark in LOTTO registered in 1997, as well as both
word marks and figurative trademarks incorporating the term LOTTO
in conjunction with a stylized shamrock.
The Respondent was Nigel Birrell of Cavour Ltd., a company based
in the Isle of Man. The Respondent was also the Chief
Executive Officer of Lottoland Limited, a company involved in the
gambling industry.
