WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Cards Against Humanity, LLC v. Registration Private, Domain Shield Case No. D2018-2320 1. The Parties

Complainant is Cards Against Humanity, LLC of Chicago, Illinois, United States of America (“United States” or “U.S.”), represented by Cowan, DeBaets, Abrahams & Sheppard LLP, United States.

Respondent is Registration Private, Domain Shield of Victoria, British Columbia, Canada. 2. The Domain Name and Registrar

The disputed domain name (the “Domain Name”) is registered with eNom, Inc. (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 12, 2018. On October 12, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On October 15, 2018, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.

Further to a request for clarification of an apparent inconsistency in the name of Respondent in the Complaint, on November 1, 2018, Complainant submitted a declaration clarifying the named Respondent in the Complaint.

The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on November 2, 2018. In accordance with the Rules, paragraph 5, the due date for Response was November 22, 2018. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on November 23, 2018.

The Center appointed Clive L. Elliott Q.C. as the sole panelist in this matter on December 3, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background

According to Whois the Domain Name was registered on June 21, 2018. At the filing of the Complaint, the Domain Name resolved to a website appearing to offer Complainant’s goods for sale. Currently, the Domain Name does not resolve to an active website.

Complainant is a Delaware limited liability company with its principal place of business at Chicago, Illinois, United States. Complainant manufactures and sells a proprietary card game entitled “Cards Against Humanity”.

Complainant is the registered owner of the CARDS AGAINST HUMANITY Mark under United States registration No. 4,304,905, registered March 19, 2013 (“Complainant’s Mark”). 5. Parties’ Contentions A. Complainant

Complainant states that it created a card game entitled “Cards Against Humanity,” whereby a card is drawn face up displaying an incomplete phrase. Each player has a hand of cards that can be used to complete that phrase. The person whose card completes the phrase in the funniest way wins the round. Complainant contends that it is known for creating cards with comical, often playfully offensive, content, and the game is most often played among a group of friends.

Complainant contends that it has designed, manufactured, and marketed the “Cards Against Humanity” game, including “base” card sets, expansion and specialty packs, and other related products by the same name (collectively, “Complainant’s Game”), since December 2009 and sells Complainant’s Game through specific and limited channels.

Complainant states that Complainant’s Game consists of:

(a) Complainant’s Mark,
(b) the tagline A PARTY GAME FOR HORRIBLE PEOPLE (U.S. Reg. No. 4,301,057),
(c) the acronym CAH (U.S. Reg. No. 5,245,938) (the “CAH Acronym”), and
(d) the distinctive trade dress, consisting of white lettering on a black background with vertically aligned text in Helvetica Neue font (U.S. Reg. No. 4,623,613) (the “CAH Trade Dress”) (collectively, the “CARDS AGAINST HUMANITY Marks”).

Complainant submits that Complainant’s Game has become an Internet phenomenon over the last decade, gaining enormous popularity, reaching an audience of millions around the world, and earning millions of dollars in revenues.