Why Would Wynn File 7 UDRPs on 253 Domain Names Like These?

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Wynn Resorts Holdings, LLC recently filed seven separate UDRPs at the World Intellectual Property Organization. From what I can tell, it looks like there are 253 domain names involved in these seven UDRP filings. The cases are WIPO Case D2019-1604, WIPO Case 2019-1606, WIPO Case 2019-1608, WIPO Case 2019-1713, WIPO Case D2019-1847, WIPO Case D2019-1855, and WIPO Case D2019-1858. Wynn has filed other UDRPs, but these are the most recent ones I noticed.

I found these UDRP filings peculiar because of the types of domain names that are included. Here are five domain names included in these seven most recent UDRP filings at WIPO:

  • wynn138.net
  • 9wynn.com
  • wynnplay888.com
  • wynnplay.com
  • wynnplay57.com

Yes, Wynn probably has a good shot at winning the UDRP proceedings. Wynn is a famous brand name in the gaming and hospitality space, so they will most likely win the UDRP without sweating much (unless I am missing something).

That being said, I don’t really see the point in spending money on UDRP filings against domain names like these. A registrant could lose these domain names in the UDRP and simply go out and spend $10 to register WynnPlay12345.com or Wynn88888.com instead. It doesn’t seem like these domain names are special, but it does seem like similar domain names can easily be re-registered.

Even without considering any legal fees (or the time it takes if done by in-house counsel), it looks like Wynn paid more for the UDRP filings than these domain names cost to register! Someone could easily go out and register a bunch of other similar domain names, and Wynn will be in the same position in the future.

I am sure Wynn is not hurting for money, but it seems a bit silly to file UDRPs against worthless domain names like these . I would understand the idea of going after typo domain names or other Wynn + generic terms that could confuse visitors, but I don’t understand the strategy behind this. Perhaps someone with legal expertise can comment on the strategy of filing UDRPs on domain names like these.

8 COMMENTS

  1. A trademark holder has a responsibility to protect their mark.
    I think it is smart business to be proactive when $$$ are not an issue.
    It’s also a message to others to discourage them from registering any names with “Wynn” in them.

    • There’s no penalty for the registrant (beyond losing the names), so why would a registrant even care about this when they can go out and do it again?

      I am sure Wynn spends a lot of money protecting its marks in other ways, too.

      • Agree with Elliot, as long as their is no financial penalty for either side, going after hundreds of names won’t send any message. Infinite TM+number combinations out there, plus all the nTLDs.. Can’t win this fight. This is simply a couple of legal eagles getting some well deserved extra money for their next trip. Maybe a personal favor from someone at Wynn to an outside legal company. Who knows. Money in the bank.

  2. It may not be commonplace for a company to spend money on defending domains like this, however, I agree with Rick. I’m no lawyer, but I’d imagine that legal consequences could still potentially occur as a result of multiple UDRP by a single registrant, especially if there’s a history of it. My guess is that it’s likely just a proactive papertrail to anyone else thinking about registering similar domains.

  3. Like Rick said, it’s important for a TM holder to protect their mark. Do you know if these domains are essentially owned by the same owner? Do they tend to go to the same landing page or a similar parked page?

  4. Yes, Wynn may need to prove it has been enforcing its mark down the road if a major infringement occurs in the USA or overseas. 888 is well-known as a “lucky” and “casino” and “betting” number combo, so I understand this filing.

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