{ "case_number": "CAC-UDRP-102673", "time_of_filling": "2019-09-13 08:53:33", "domain_names": [ "starstablehack.club" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Star Stable Entertainment AB" ], "complainant_representative": "SILKA Law AB", "respondent": [ "Cezary Misiag" ], "respondent_representative": null, "factual_background": "The Complainant was founded in 2011 and is a privately held company located in Sweden operating an online horse adventure game under www.starstable.com. \r\n\r\nThe game has active users in 180 countries and 11 languages. The game was launched in late 2012 and was available only in Swedish. As the company developed and improved the game, the Complainant entered further markets, such as Northern Europe, the US and the rest of the world. Today the Complainant has over 6 million registered users. The Complainant has also a significant presence on various social media platforms, such as Facebook, Youtube, Instagram, Google+ and Twitter with a high number of followers and subscribers.\r\n\r\nThe Complainant is also the owner of registered domain names which include the STAR STABLE marks, such as (created in 2007) and (created in 2012). The Complainant is using these domain names to connect to websites through which it informs potential customers about its STAR STABLE mark, games and merchandise.\r\n\r\nThe disputed domain name was registered on March 13, 2019, and is used in connection with an active website offering a \"hacking\" tool for the Complainant's software.", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name. \r\n", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the STAR STABLE trademarks and that the addition of the term “hack” does not distinguish the domain name from these marks.\r\n\r\nFurthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent has no relationship with the Complainant's business and is not authorized or licensed to use the Trademark. In addition, the Complainant contends that it does not have control over the website and cannot guarantee the safety of their players, since apart from hacking if unauthorized, websites or software of that kind are often installing virus programs on the players' computers.\r\n\r\nFinally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. In this regard, the Complainant contends that the Trademark is widely known and highly distinctive and that the Respondent was fully aware of the Complainant when registering the disputed domain name. The Complainant also states that the Respondent has provided no evidence of any actual or contemplated good faith use by it of the disputed domain name and is using the disputed domain name to attract, for commercial gain Internet users to its website or other on-line location by creating a likelihood of confusion with the Complainant's marks as to the source, sponsorship, affiliation or endorsement of Respondent’s website or location or of a product or service on Respondent’s website or location.\r\n\r\nThe Complainant was already involved in numerous other proceedings, in which it dealt with registered domain names containing its STAR STABLE marks and websites offering a \"hacking\" tool for the online game. See Star Stable Entertainment AB v. WhoisGuard Protected, WhoisGuard Inc. \/ Federico James WIPO Case No. D2016-1427; Star Stable Entertainment AB v. WhoisGuard Protected \/ WhoisGuard, Inc. \/ Victor Arreaga WIPO Case No. D2015-2312; Star Stable Entertainment AB v. Rafael Velez \/ Domains By Proxy, LLC, Registration Private, WIPO Case No. D2015-2314; Star Stable Entertainment AB v. Victor Arreaga \/ WhoisGuard Protected, WhoisGuard, Inc., WIPO Case No. D2015-2315; Star Stable Entertainment AB v. WhoisGuard Protected, WhoisGuard, Inc. \/ Davidson Gilbert WIPO Case No. D2018-0259; Star Stable Entertainment AB v. Domain Administrator, See PrivacyGuardian.org \/ Lili Cai WIPO Case No. D2018-0260.\r\n\r\n\r\nRESPONDENT\r\n\r\nNo administratively compliant Response has been filed.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy). ", "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy). ", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy). ", "procedural_factors": "The Panel is satisfied that all procedural requirements under the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\n", "decision": "Accepted", "panelists": [ "Peter Müller" ], "date_of_panel_decision": "2019-10-23 00:00:00", "informal_english_translation": "The Complainant is the owner of trademark registrations across various jurisdictions, including Poland, where the Respondent is located, inter alia European registrations no. 008696775 Star Stable, registered on April 5, 2010, and no. 013204128 Star Stable, registered on January 13, 2015. The trademarks are registered for a variety of goods and services, including \"Electronic game programs; Downloadable game programs; Computer programs for pre-recorded games; Downloadable game software; (..) electronic game services and competitions provided by means of the internet; (..)\" in classes 9 and 42. ", "decision_domains": { "STARSTABLEHACK.CLUB": "TRANSFERRED" }, "panelist": null, "panellists_text": null }