{ "case_number": "CAC-UDRP-103462", "time_of_filling": "2020-12-18 09:22:02", "domain_names": [ "STARSTABLEJORVIKSHILLINGHACKED.ONLINE" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Star Stable Entertainment AB" ], "complainant_representative": "SILKA AB", "respondent": [ "Sarunas Kujalis " ], "respondent_representative": null, "factual_background": "The Complainant is a Swedish private company founded in 2010. It is the operator of a multiplayer online horse adventure game, named Star Stable, in which players (for the vast majority girls) explore the virtual island of Jorvik on their horse and take care of their horse. Jorvik Shilling is one of currencies accepted for payment in the game.\r\n\r\nThe disputed domain name was registered on 30 November 2019 using a privacy service. The disputed domain name originally resolved to a website generating coins via a hack tool and displaying the script \"Star Stable Star Coins and Jorvik Shilling Online Hack Tool\" along with the Complainant's device mark. The Complainant has successfully disabled the website through the webhost. At the time of the filing on the Complaint, the disputed domain name resolved to a parking page with third parties' links.\r\n\r\nThe Complainant sent a cease and desist letter and a reminder to the Respondent without obtaining any response.\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.", "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 contends that Star Stable is a very popular online horse adventure game having players from all over the world with over 6 million registered users in 180 countries and being available in 11 languages. The Complainant is the registrant of domain names including and which it uses to promote its trademarks, games and merchandise. It states that it also has a significant presence on various social media platforms, such as Facebook, Youtube, Instagram, Google+ and Twitter. The Complainant considers extremely important to provide a safe and secure environment for its users. Therefore, it employs a third party social monitoring solution which moderates all chat, prevents the sharing of personal information and filters out unacceptable words.\r\n\r\nThe Complainant submits that the disputed domain name is confusingly similar to its trademark. In particular, the Complainant states that the disputed domain name consists of the STAR STABLE Trademark with the additional terms “jorvik”, “shilling”, “hacked” and the TLD “online” which do not distinguish the disputed domain name from the Complainant's trademark.\r\n\r\nThe Complainant submits that the Respondent has no rights or legitimate interests in respect of the disputed domain name.\r\n\r\nThe Complainant submits that the Respondent does not own the STAR STABLE Trademark and is not known by the name \"Star Stable\". It submits that, at the time of filing the Complaint, the disputed domain name resolved to a parking page with links to third parties' websites and, thus, capitalized on the reputation and goodwill of the Complainant and its trademark. Previously it was connected to a website generating coins via a hack tool. The Complainant contends that the Respondent's uses cannot constitute a bona fide offering of goods or services.\r\n\r\nThe Complainant contends that the disputed domain name has been registered and is being used in bad faith.\r\n\r\nThe Complainant states that the Respondent's identity was originally hidden behind a \"privacy shield\". It adds that it attempted to contact the Respondent via a cease and desist letter and a reminder, both of which were ignored.\r\n\r\nThe Complainant submits that the use of the disputed domain name for a commercial website where the Complainant’s trademark is misappropriated cannot be considered as good faith use. According to the Complainant it is apparent that the disputed domain name was registered with knowledge of the Complainant’s trademark rights and with the purpose of disrupting Complainant’s business by hacking its game and depriving the Complainant of its income. Third parties' advertisements, the invitation to players to register for free Jorvik Shilling and the absence on the website of any indication of the lack of relationship with the Complainant enhance the likelihood of confusion with the Complainant's trademark and services. Therefore, by using the disputed domain name, the Respondent has intentionally attempted to attract Internet users to its website, for commercial gain, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of its website or of a product or service on that website.\r\n\r\nThe Complainant requests the transfer of the disputed domain name.\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": "IDENTIFICATION OF THE RESPONDENT\r\n\r\nUpon filing of the Complaint and further to CAC's request, the Registrar disclosed the registration data of the underlying registrant, identified as Sarunas Kujalisan, an individual residing in Lithuania. The Complainant submitted the Amended Complaint accordingly. \r\n\r\nThe 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. Ivett Paulovics" ], "date_of_panel_decision": "2021-01-19 00:00:00", "informal_english_translation": "The Complainant is owner of the following trademarks:\r\n\r\n- EUTM STAR STABLE (word) no. 008696775, filed on 18 November 2009, registered on 5 April 2010 in class 9;\r\n- EUTM STAR STABLE (word) no. 013204128, filed on 27 August 2014, registered on 13 January 2015 in classes 16, 25, 28, 41;\r\n- EUTM STAR STABLE (device) no. 014171326, filed on 26 May 2015, registered on 21 September 2015 in classes 9, 16, 25, 41;\r\n- EUTM STAR STABLE (word) no. 014673198, filed on 13 October 2015, registered on 24 March 2016 in classes 3, 14, 18, 21, 24, 30, 32;\r\n- US trademark STAR STABLE (word) no. 3814190, filed on 19 November 2009, registered on 6 July 2010 in class 9;\r\n- US trademark STAR STABLE (word) no. 4798274, filed on 10 September 2014, registered on 25 August 2015, in classes 16, 25, 28, 41;\r\n- US trademark STAR STABLE (device) no. 4944619, filed on 8 June 2015, registered on 26 April 2016, in classes 9, 16, 41;\r\n- US trademark STAR STABLE (word) no. 5415338, filed on 12 April 2016, registered on 6 March 2018, in class 14;\r\n- US trademark STAR STABLE (word) no. 5221092, filed on 12 April 2016, registered on 13 June 2017, in classes 18, 24.\r\n\r\nThe Complainant is also owner of several domain names including registered on 16 October 2007 and used as the Complainant's main website. \r\n\r\nHereinafter the afore-mentioned rights are referred to as STAR STABLE Trademark.", "decision_domains": { "STARSTABLEJORVIKSHILLINGHACKED.ONLINE": "TRANSFERRED" }, "panelist": null, "panellists_text": null }