{ "case_number": "CAC-UDRP-103208", "time_of_filling": "2020-07-30 11:17:53", "domain_names": [ "starstablecoins.top" ], "case_administrator": "Šárka Glasslová (Case admin)", "complainant": [ "Star Stable Entertainment AB" ], "complainant_representative": "SILKA Law AB", "respondent": [ "See PrivacyGuardian.org" ], "respondent_representative": null, "factual_background": "Complainant operates the online horse game STAR STABLE at its website at and .\r\nIn addition to owning the abovementioned the Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “STAR STABLE” see for example, (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\nThe disputed domain name was registered on September 17, 2019 and resolves to a website that with the Complainant’s figurative STAR STABLE mark prominently in the header together with the words “STAR STABLE ONLINE GENERATOR”, “STAY TABLE STAR CONIS GENERATOR”, and “HOWDY, Before you can start generating your Star Coins, please enter your Star Stable Username and select the platform which you use.”\r\nThere is no information available about the Respondent except for that provided in the Complaint, the Registrar’s WhoIs and the details provided by the Registrar in response to the Center’s request for verification details of the disputed domain name. \r\n\r\n", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\nThe Complainant submits that it has operated the online horse game starstable.com. game since 2012. Now has active users in 180 countries and 11 languages and has nearly 200 000 followers and 55,549 subscribers on social media. \r\nThe Complainant submits that the disputed domain name is confusingly similar to the Complainant’s STAR STABLE trademark, arguing that it incorporates the Complainant’s registered trademark STAR STABLE in full. \r\nThe Complainant further argues that the addition of the associated term “coins” does not distinguish the disputed domain name from the Complainant’s trademark and that the generic Top-Level Domain (gTLD) extension, in this case <.top> is typically disregarded under the first element confusing similarity test, as it a standard requirement for registration. Therefore, the disputed domain name is confusingly similar to the Complainant’s trademark. See the WIPO Overview on Selected UDRP Questions, Third Edition (\"WIPO Overview 3.0\"), paragraph 1.7 and 1.11.\r\n\r\nThe Complainant alleges that the Respondent has no rights or legitimate interests in respect of the disputed domain name.\r\nThe Complainant asserts that the Respondent has no authorization or license from the Complainant to register a domain name incorporating Complainant’s trademark; that the Respondent is not affiliated with the Complainant in any way; that there is no bona fide offering of goods or services because the disputed domain name incorporates a trademark which is not owned by Respondent, nor is the Respondent commonly known by the name “Star Stable”; that the legal entity displayed in the WhoIs record is a privacy shield and if the Respondent had any legitimate interest in the disputed domain name it would most likely not have chosen to register anonymously. \r\n\r\nThe Complainant submits that the disputed domain name was registered and is being used in bad faith because the Respondent uses a privacy shield and while use of a privacy or proxy registration service is not in itself an indication of bad faith, the manner in which such service is used can in certain circumstances constitute a factor indicating bad faith, and in this instance it has been to increase the difficulty for the Complainant of identifying the Respondent, which does not reflect good faith. In the circumstances of this case, the Respondent registered and uses the disputed domain name with the intention to attract, for commercial gain, Internet users to the website by creating a likelihood of confusion with the trademark of Complainant as to the source, sponsorship, affiliation, or endorsement of its website or location or of a service on its website or location, which constitutes registration and use in bad faith pursuant to paragraph 4(b)(iv) of the Policy.\r\nThe Complainant adds that because the STAR STABLE is a well-known trademark in the online video game industry, it is highly unlikely that Respondent was not aware of the rights Complainant has in the trademark and the value of said trademark, at the point of the registration. The Respondent bears no relationship to the trademark and the disputed domain name has no other meaning except for referring to Complainant’s name and trademark.\r\nThe Complainant argues that the disputed domain name and the Complainant’s trademark is being used to target the Complainant by redirecting Internet users to various third-party websites.\r\n\r\n\r\n\r\nRESPONDENT:\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 UDRP were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Mr James Jude Bridgeman" ], "date_of_panel_decision": "2020-08-24 00:00:00", "informal_english_translation": "The Complainant is the owner of a portfolio of trademark and service mark registrations for the STAR STABLE including:\r\nUnited States registered trademark STAR STABLE, registration number 3814190, registered on July 6, 2010 for goods in international class 9;\r\nUnited States registered trademark STAR STABLE, registration number 013204128, registered on January 13, 2015 for goods and services in international classes 16, 25, 28 and 41;\r\nUnited States registered trademark STAR STABLE (Design plus words) registration number 014171326, registered on September 21, 2015 for goods and services in international classes 9, 16 and 41;\r\nEUTM STAR STABLE, registration number 008696775 registered on 5 April 2010 for goods in Class 9;\r\nEUTM STAR STABLE, registration number 013204128, registered on 13 January 2015 for goods and services in classes 16, 25, 28 and 41;\r\nEUTM STAR STABLE (figurative), registration number 014171326, registered on 21 September 2015 for goods and services in international classes 9, 16, 25 and 41;\r\nEUTM STAR STABLE, registration number 014673198, registered on 24 March 2016 for goods and services in international classes 3, 14, 18, 21, 24, 30, 32.\r\n", "decision_domains": { "STARSTABLECOINS.TOP": "TRANSFERRED" }, "panelist": null, "panellists_text": null }