{ "case_number": "CAC-UDRP-103328", "time_of_filling": "2020-10-05 09:43:43", "domain_names": [ "starstablestat.info" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Star Stable Entertainment AB" ], "complainant_representative": "SILKA AB", "respondent": [ "Aleksandr Briller" ], "respondent_representative": null, "factual_background": "The Complainant was founded in 2011. It is a privately held company located in Sweden that offers an online horse game. The game has over 6 million registered users in 180 countries and is available in 11 languages. \r\n\r\nThe Complainant is the owner of the domain names , , and . It uses them to inform potential customers about its STAR STABLE trademark, games and merchandise.\r\n\r\nThe Respondent registered the disputed domain name on 23 June 2020. At the time of filing of the Complaint, it redirects to a website offering an online war game.\r\n\r\nThe Complainant notes that on 20 March 2020 it sent to the Respondent a cease and desist letter, asking for the voluntary transfer of the disputed domain name, but the Respondent did not comply with the request.\r\n", "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. ", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant submits that the disputed domain name is identical or confusingly similar to the Complainant’s STAR STABLE trademark, which it incorporates in full, and the addition of the word “stat” does not distinguish the disputed domain name from the trademark. \r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent has no authorization from the Complainant to register a domain name incorporating the Complainant’s trademark, and it is not affiliated with the Complainant. The Respondent is not commonly known by the name “Star Stable” and has no rights in this name. The Complainant points out that there is no bona fide offering of goods or services, as the Respondent is using the disputed domain name to attract visitors and redirect them to an online war game.\r\n\r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. The Complainant submits that STAR STABLE is a well-known trademark in the online video game industry, and the Respondent, being in the same industry, has registered the disputed domain name with knowledge of the Complainant’s trademark aiming to disrupt the Complainant’s business by confusing and attracting customers to the disputed domain name and redirecting them to the Respondent’s own website offering a different online game for commercial gain. \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent submits that it registered the disputed domain name for technical purposes - to get statistics on clicks on the website advertised by the Respondent. It explains that the disputed domain name has nothing to do with a game about horses, and it was chosen because of the dictionary meaning of the words included in it: “star”, “stable”, and “stat” meaning “statistics”. The Respondent notes that he is not a native English speaker and for him the word “stable” means “able to continue in a regular and successful way without unexpected changes”. The Respondent notes that the disputed domain name was not advertised anywhere and was used only for the indicated technical purpose, with no direct or indirect benefit derived from this use. The Respondent points out that the themes of the Complainant’s and of the Respondent’s websites and their target audiences are completely different, which according to the Respondent makes the Complainant’s claim for potential commercial gain highly questionable.\r\n\r\nThe Respondent notes that the Registrar did not notify him about the situation and the Complainant's wish to settle the conflict out of court. The Respondent submits that in order to resolve the conflict situation and exclude the suspicions of the Complainant, he deleted all data from the disputed domain name and states that he is ready to undertake not to use it in the future.\r\n", "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.\r\n\r\nAccording to the information provided by the Registrar, the language of the Registration Agreement for the disputed domain name is Russian. Under paragraph 11 of the Rules, unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.\r\n\r\nThe Complainant request that the language of the proceeding be English, and points out that the disputed domain name contains English language words and redirects to a third-party website, which targets an international English-speaking audience. \r\n \r\nThe Respondent objects to the Complainant’s request on the language of the proceeding and states that it does not understand the Complaint, but has submitted a Response in English in which it addresses the arguments of the Complainant.\r\n \r\nThe above satisfies the Panel that the Respondent would not be disadvantaged if the language of the proceeding is English, and is satisfied that using the English language in this proceeding would be fair and efficient. Therefore, in exercise of its powers under paragraph 11 of the Rules, the Panel decides that the language of this administrative proceeding will be English. \r\n", "decision": "Accepted", "panelists": [ "Assen Alexiev" ], "date_of_panel_decision": "2020-11-10 00:00:00", "informal_english_translation": "The Complainant is the owner of the following registrations of the trademark STAR STABLE (the “STAR STABLE trademark”):\r\n\r\n- the European Union trademark STAR STABLE with registration No. 008696775, registered on 5 April 2010 for goods in International Class 9;\r\n\r\n- the United States trademark STAR STABLE with registration No.3814190, registered on 6 July 2010 for goods and services in International Classes 9, 21, 23, 26, 36 and 38; and\r\n\r\n- the United States trademark STAR STABLE with registration No.13204128, registered on 13 January 2015 for goods and services in International Classes 16, 25, 28 and 41.\r\n", "decision_domains": { "STARSTABLESTAT.INFO": "TRANSFERRED" }, "panelist": null, "panellists_text": null }