POKER.COM DOMAIN NAME DISPUTE RESOLVED IN FAVOR OF OWNER
Fort Lauderdale - February 18, 2003 - Communications Services Inc. today announced that the ICANN Domain Name Dispute Complaint filed by UniNet Technologies Inc. and Poker.com Inc. has been dismissed by the arbitrator. The Complaint challenged registration ownership of the domain name www.poker.com by Communications Services Inc. and requested transfer of the domain name to UniNet Technologies Inc.
In the Ruling, CPR Case 00301, available through the CPR Institute for Dispute Resolution at www.cpradr.org, the arbitrator found that the Complainant "fails to allege any trademark in which it has rights" and that "[i]t is difficult to see how Complainant UniNet has or ever had any interest in the trademarks at issue."
The arbitrator further concluded that "Complainant makes no specific allegations that Respondent has no rights or legitimate interests in respect of the domain name at issue, nor that the domain name at issue has been registered and is being used in bad faith."
"Valid trademark rights in a domain name as well as proof of bad faith registration are required for a finding against a domain name registrant in the ICANN arbitration system. In this case, it appears that the complainant tried to litigate a contract dispute with a party other than the domain registrant using the ICANN system," commented Judith Silver of Silver Law Inc., attorney for Communications Services Inc. and available through www.coollawyer.com.
Malcolm Nickerson, Director, of Communications Services Inc. stated, "This entire matter stems from a dispute between UniNet Inc. and Ala Corporation and has nothing whatsoever to do with Communications Services Inc. In my opinion, this complaint was an unwarranted abuse of the ICANN system. We are pleased with the arbitrator's decision in our favor."
The dispute between UniNet Inc. and Ala Corporation stems from an allegation by UniNet Technologies that it has valid right to use the domain name www.poker.com arising from an alleged license agreement with Ala Corporation, explained Nickerson.
About Communications Services Inc.
Communication Services Inc., based in Western Samoa, provides poker and gaming services through the domain www.poker.com and seeks to become the primary gaming site on the web. For more information, contact Judith Silver at jsilver@coollawyer.com.
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