{ "case_number": "CAC-UDRP-102967", "time_of_filling": "2020-03-13 10:39:24", "domain_names": [ "starstablehacktool.top ", "starstablehacktool.xyz " ], "case_administrator": "Šárka Glasslová (Case admin)", "complainant": [ "Star Stable Entertainment AB" ], "complainant_representative": "SILKA Law AB", "respondent": [ "Bachribochta" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT\r\n\r\nThe Complainant, founded in 2011, is a privately held company located in Sweden operating an online horse game under the name STAR STABLE at the website www.starstable.com. The Complainant informs that it firstly offered the game only in Swedish, but later extended it, with offerings now in 11 languages, with active users in 180 countries. \r\n\r\nAccording with the information made available by the Complainant, the game has 6 million registered users, the majority of them girls. In addition, the Complainant informs that it has a significant presence on various well-known social media platforms, such as Facebook, Youtube, Instagram, Google+, and Twitter.\r\n\r\nThe Complainant is the owner of numerous trademark registrations for STAR STABLE, in particular said trademark appears to be protected in European Union and in the United States of America.\r\n\r\nFurthermore, the Complainant also owns a number of domain names containing the wording STAR STABLE such as registered in 2007 and registered on 2012 while the Respondent registered both the disputed domain names and on December 5, 2019.\r\n\r\nThe Complainant contends that the disputed domain names are confusingly similar to the Complainant’s STAR STABLE mark since the disputed domain names wholly incorporates the mark, simply adding to it the terms \"hack\" and \"tool\" which do not distinguish the domain names from the Complainant's STAR STABLE trademark. The Complainant also submits that the generic Top-Level Domain (“gTLD”) suffixes (.top and .xyz) are to be totally disregarded for the purpose of comparing the disputed domain names with the older trademark.\r\n\r\nIn addition, the Complainant believes that the Respondent has no rights or legitimate interests in respect of the disputed domain names since the Complainant has never granted the Respondent any authorization, consent, right or license to use the trademark STAR STABLE within the disputed domain names and due to the fact that the Respondent is not affiliated with the Complainant in any way. The Complainant also assumes that the Respondent is not commonly known by the name STAR STABLE.\r\n\r\nThe Complainant notes that the Respondent has associated the disputed domain name with a website in which players are invited to use the Respondent's software to hack and circumvent the game by use of a hack tool. According to the Complainant's view, the website intends to collect users´ personal data and to encourage players to obtain coins from the game unlawfully. With reference to the disputed domain name the Complainant observes that it is linked to a pay per click webpage which shows links to third party websites. It is also outlined by the Complainant that the Respondent has been using privacy shield to conceal its identity. In consideration of the above, it is the Complainant's view that the domain names in dispute were registered with full knowledge of the Complainant's trademark STAR STABLE and that they are used for disrupting Complainant's business by hacking its game and depriving Complainant of its income and for commercial gain by showing third-party advertisements. The Complainant therefore concludes that Respondent should be considered to have registered and to be using the disputed domain names in bad faith. \r\n\r\n\r\n", "other_legal_proceedings": "The Panel is not aware of any other proceedings, pending or decided, which relate to the disputed domain name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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 UDRP were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Avv. Guido Maffei" ], "date_of_panel_decision": "2020-04-22 00:00:00", "informal_english_translation": "The Complainant is the owner of several trademarks. In particular, Star Stable Entertainment AB owns:\r\n\r\n (i) EUTM No. 8696775 STAR STABLE registered on April 5, 2010 for class 9 and duly renewed.\r\n\r\n(ii) EUTM No. 13204128 STAR STABLE registered on January 13, 2015 for classes 16, 25, 28 and 41.\r\n\r\n(iii) EUTM No. 14171326 STAR STABLE (dev.) registered on September 21, 2015 for classes 9, 16, 25 and 41.\r\n\r\n(iv) US Trademark No. 3814190 STAR STABLE registered on July 6, 2010 for class 9 and duly renewed.\r\n\r\n(v) US Trademark No. 4798274 STAR STABLE registered on August 25, 2015 for classes 16, 25, 28 and 41.\r\n\r\n(vi) US Trademark No. 4944619 STAR STABLE (dev.) registered on April 26, 2016 for classes 9, 16 and 41.\r\n \r\n\r\n", "decision_domains": { "STARSTABLEHACKTOOL.TOP ": "TRANSFERRED", "STARSTABLEHACKTOOL.XYZ": "TRANSFERRED" }, "panelist": null, "panellists_text": null }