Westmore · UDRP DecisionNash-casino.com
The Panel ordered transfer of <nash-casino.com>. It found the domain confusingly similar to Complainant's registered THE NASH CASINO mark, found no rights or legitimate interests because the domain was used for a misleading website passing off as Complainant to promote competing services, and found bad-faith registration and use based on that conduct, privacy registration, and fictitious underlying registration information.
The timeline behind nash-casino.com
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The Panel found bad-faith registration and use because Respondent used privacy registration and obviously fictitious underlying information to register a domain incorporating Complainant's mark, then used it for a misleading and likely fraudulent website that passed off as Complainant to promote competing services.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION ECL Hospitality Management, LLC v. yang daxia Claim Number: FA2601002202066 PARTIES Complainant is ECL Hospitality Management, LLC ("Complainant"), United States, represented by John L. Krieger of Dickinson Wright PLLC, United States. Respondent is yang daxia ("Respondent"), United States. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <nash-casino.com>, registered with Dynadot 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 E. Sorkin as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on January 27, 2026; Forum received payment on January 27, 2026. On January 26, 2026, Dynadot Inc confirmed by email to Forum that the <nash-casino.com> domain name is registered with Dynadot Inc and that Respondent is the current registrant of the name. Dynadot Inc has verified that Respondent is bound by the Dynadot 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 February 3, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 23, 2026 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@nash-casino.com. Also on February 3, 2026, the Written Notice of the Complaint, notifying Respondent of the email 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, Forum transmitted to the parties a Notification of Respondent Default. On February 24, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David E. Sorkin as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, 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 Complainant (with its affiliates) owns and operates horse racing and gaming facilities in the United States, including the Nash Casino in New Hampshire, which has more than 1,000 gaming machines, 36 table games, an in-house sportsbook, and five restaurants and bars. Complainant maintains a website at <thenashcasino.com> and offers a Nash mobile app. Complainant uses THE NASH CASINO in connection with this facility and the associated gaming and casino-related products and services, and has done so since at least as early as March 2025. Complainant owns a United States trademark registration for THE NASH CASINO in standard character form. The disputed domain name <nash-casino.com> was registered in August 2025. The name is registered in the name of a privacy registration service on behalf of Respondent. The domain name is being used for a website that prominently displays THE NASH CASINO in a stylized form identical to that used by Complainant. The website advertises various online gambling and slot machine applications. It includes blog posts that purport to depict lottery winners; Complainant alleges that these posts are entirely fabricated. Complainant states further that all of the applications purportedly offered on the website instead link to a website that displays an invalid address and falsely claims to be licensed by the Nevada Gaming Commission. Complainant states that Respondent is not commonly known by the domain name and is not authorized to use Complainant's mark. Complainant contends on the above grounds that the disputed domain name <nash-casino.com> is identical or confusingly similar to it's THE NASH CASINO mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith. B. Respondent Respondent failed to submit a Response in this proceeding. FINDINGS The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used in bad faith. DISCUSSION Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and 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(f), 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 set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Overview of WIPO Panel Views on Select UDRP Questions, § 4.3 (version 3.1, 2026), available at https://www.wipo.int/amc/en/domains/search/overview; UDRP Perspectives on Recent Jurisprudence, §§ 0.2, 0.8 (updated June 2, 2025), available at https://udrpperspectives.org/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations"). Identical and/or Confusingly Similar The disputed domain name <nash-casino.com> incorporates Complainant's registered THE NASH CASINO trademark, omitting the definite article "the," substituting a hyphen for a space, and adding the ".com" top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Boyd Gaming Corp. v. yang daxia, FA 2182154 (Forum Nov. 10, 2025) (finding <blue-chip-casino.net> confusingly similar to BLUE CHIP); Shakopee Mdewakanton Sioux Community v. yang daxia, FA 2179151 (Forum Oct. 24, 2025) (finding <mystic-lake-casino.net> confusingly similar to MYSTIC and MYSTIC LAKE); The Royal Bank of Scotland Group plc v. Julio R., FA 1026462 (Forum Aug. 21, 2007) (finding <royal-bank-of-scotland.info> confusingly similar to THE ROYAL BANK OF SCOTLAND); Hollywood Casino Corp. v. Global Interactive, FA 94107 (Forum Mar. 30, 2000) (finding <hollywood-casino.com> identical or confusingly similar to HOLLYWOOD CASINO). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights. Rights or Legitimate Interests Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006). The disputed domain name incorporates Complainant's registered mark without authorization. Its sole apparent use has been for a misleading and likely fraudulent website that attempts to pass off as Complainant to promote competing services. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., Epic Games, Inc. v. yang daxia, FA 2188929 (Forum Dec. 10, 2025) (finding lack of rights or interests in similar circumstances); Boyd Gaming Corp. v. yang daxia, supra (same); Shakopee Mdewakanton Sioux Community v. yang daxia, supra (same); The Royal Bank of Scotland Group plc v. Julio R., supra (same). Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name. Registration and Use in Bad Faith Finally, Complainant must show that the disputed domain name was registered and is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent's] web site or location or of a product or service on [Respondent's] web site or location." Respondent used a privacy registration service and obviously fictitious underlying registration information to register a domain name incorporating Complainant's registered mark, and is using the domain name for a misleading and likely fraudulent website that attempts to pass off as Complainant to promote competing services. Such circumstances are indicative of bad faith registration and use under the Policy. See, e.g., Epic Games, Inc. v. yang daxia, supra (finding bad faith registration and use in similar circumstances); Boyd Gaming Corp. v. yang daxia, supra (same); Shakopee Mdewakanton Sioux Community v. yang daxia, supra (same); The Royal Bank of Scotland Group plc v. Julio R., supra (same). The Panel so finds. DECISION Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <nash-casino.com> domain name be TRANSFERRED from Respondent to Complainant. David E. Sorkin, Panelist Dated: February 24, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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