Westmore · UDRP DecisionNintendo-jp.co
The Panel ordered transfer of <nintendo-jp.co>, finding it confusingly similar to Complainant’s registered NINTENDO mark, finding no rights or legitimate interests based on unauthorized and inactive use without rebuttal, and inferring bad-faith registration and use intended to exploit confusion for commercial gain.
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The Panel inferred bad faith because Respondent used privacy registration to register a domain incorporating Complainant’s well-known mark, made no apparent active use or preparations for use, and offered no explanation. The Panel found that Respondent intended to create and exploit confusion for commercial gain and maintained the domain for that purpose.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION Nintendo of America Inc. v. Phạm Hoàng Châu Claim Number: FA2606002227644 PARTIES Complainant is Nintendo of America Inc. ("Complainant"), United States, represented by William C. Rava of Perkins Coie, United States. Respondent is Phạm Hoàng Châu ("Respondent"), Vietnam. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <nintendo-jp.co>, 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 June 16, 2026; Forum received payment on June 16, 2026. On June 16, 2026, Dynadot Inc confirmed by email to Forum that the <nintendo-jp.co> 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 June 19, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 10, 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@nintendo-jp.co. Also on June 19, 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 July 13, 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 markets and distributes video game systems, software, and related products. Complainant marketed its first video game system, the Nintendo Entertainment System, in 1985, and is widely recognized as one of the best-selling video game system developers in the world and one of the most famous international companies in the world. Complainant owns longstanding United States trademark registrations for NINTENDO in standard character and design form, along with hundreds of registrations worldwide, including in Vietnam. The disputed domain name <nintendo-jp.co> was registered in May 2026. The name is registered in the name of a privacy registration service on behalf of Respondent. The domain name resolves to a parked webpage displaying a directory listing. Complainant alleges that it follows a pattern associated with phishing and fraud schemes targeting Japanese companies, and expresses a concern that the domain name will be used in furtherance of similar activities. Complainant states that Respondent is not commonly known by the domain name, is not affiliated with Complainant, and is not authorized to use Complainant's mark. Complainant contends on the above grounds that the disputed domain name <nintendo-jp.co> is confusingly similar to its NINTENDO 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 <nintendo-jp.co> incorporates Complainant's registered NINTENDO trademark, adding a hyphen, the geographic abbreviation "JP," and the ".co" top-level domain. These additions do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Nintendo of America Inc. v. Privacy Department / IceNetworks Ltd., FA 2122287 (Forum Nov. 21, 2024) (finding <nintendo-jp.com> confusingly similar to NINTENDO); Blancpain SA; Omega SA; & Swatch AG v. hu luo, lewansi; Oris Vomitiende, SWATCH X; lin mumu; jace8 steven; chen chen; & Dirk Scheidt, D2023-4521 (WIPO Dec. 20, 2023) (finding <omega-swatch-jp.co> confusingly similar to OMEGA and SWATCH); Nintendo of America Inc. v. Foster William, FA 2061515 (Forum Oct. 6, 2023) (finding <nintendo-mx.com>, <nintendo-mx.vip>, <nintendo-br.com>, and <nintendo-br.vip> confusingly similar to NINTENDO); see also Amazon Technologies, Inc. v. Milen Radumilo, FA 2016177 (Forum Nov. 22, 2022) (finding <amazon-co-jp.us> confusingly similar to AMAZON under usTLD Dispute Resolution Policy). 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. Respondent does not appear to have made any active use of the domain name, nor to have engaged in preparations for such use, suggesting that Respondent lacks rights or legitimate interests in the domain name. See, e.g., 7-Eleven, Inc. v. abdulla alaamer, FA 2225443 (Forum July 6, 2026) (finding lack of rights or interests in similar circumstances). 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 to register a domain name incorporating Complainant's well-known registered mark. Respondent does not appear to have made any active use of the domain name, nor to have engaged in preparations for such use. In the absence of any explanation from Respondent, the Panel considers it reasonable to infer that Respondent registered the domain name intending to use it in a manner calculated to create and exploit confusion with Complainant's mark for Respondent's commercial gain, and that Respondent is maintaining the domain name for that purpose. See, e.g., 7-Eleven, Inc. v. abdulla alaamer, supra (finding bad faith registration and use in similar circumstances). The Panel finds that the disputed domain name was registered and is being used in bad faith. 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 <nintendo-jp.co> domain name be TRANSFERRED from Respondent to Complainant. David E. Sorkin, Panelist Dated: July 20, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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