{ "case_number": "CAC-UDRP-103600", "time_of_filling": "2021-02-24 15:47:01", "domain_names": [ "stastable.com " ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Star Stable Entertainment AB" ], "complainant_representative": "SILKA AB", "respondent": [ "Fundacion Privacy Services LTD" ], "respondent_representative": null, "factual_background": "The Complainant was founded in 2011 and is a privately held company located in Sweden operating the online horse game starstable.com. The game has players from all over the world with active users in 180 countries and 11 languages. When the game debuted in late 2012, it was in Swedish only. As the company developed and improved the game the market grew to Northern Europe, the US and the rest of the world. Today the Complainant has over 6 million registered users and about 98 percent of them are girls. Based on an existing and popular story, the company is set out to create the best and most engaging horse adventure games where the player will explore the beautiful island of Jorvik on the back of their own horse. Every player rides, takes care of their own horse, embarks on quests, participates in competitions and takes part in the epic story that unfolds in the world of Star Stable.\r\n\r\nProviding a safe and secure environment that is suitable for Star Stable’s players is extremely important to the Complainant and therefore it uses Crisp Thinking, a third-party social monitoring solution, to automatically moderate and monitor all chat to ensure a safe environment. Crisp Thinking prevents the sharing of personal information and filters out “bad words” and trigger phrases. The Complainant has also a significant presence on various social media platforms, such as Facebook, Youtube, Instagram, Google+ and Twitter.\r\n\r\nThe Complainant is concerned that the Respondent has registered the domain name and caused it to resolve to a web site that carries advertisements for various enterprises, one of which is STAR STABLE ONLINE, which is a colourable attempt to use the domain name to mislead internet users into thinking that by using the disputed domain name they have arrived at a website that either is the website of the Complainant or a website that is approved or endorsed by the Complainant, neither of which is true.\r\n\r\nThe other enterprises advertised on the website do not appear to have any connection with the Complainant, although some of them are associated with children's games which must suggest to internet users that they have arrived at the Complainant's site or one endorsed or approved by it, which is not so.\r\n\r\nThe Complainant therefore wishes to have the Domain Name transferred to itself to stop a continuing abuse of its trademark. ", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the Domain Name. ", "no_response_filed": "CONTENTIONS OF THE PARTIES\r\n\r\nCOMPLAINANT\r\n\r\nThe Domain Name is identical or confusingly similar to a trademark or service mark in which Complainant has rights;\r\n\r\nThe Complainant was founded in 2011 and is a privately held company located in Sweden operating the online horse game . \r\n\r\nThe Complainant is the owner of the registered STAR STABLE trademarks, details of which are provided under Identification of Rights in this decision. Complainant submits evidence to verify the registrations.\r\n\r\nThe Domain Name was initially registered in 2013 but has since then changed registrars. The last change was in 2018 and as such, the current creation date with the owner is set to 2018. \r\n\r\nThe Domain Name is identical to the STAR STABLE trademarks except for a spelling variation of the Complainant’s trademark that omits the letter “r”. This alteration does not diminish the similarity between the Domain Name and the Complainant's mark. The generic Top-Level Domains (gTLD), in this case “.com” is typically disregarded under the first element confusing similarity test, as it is a standard requirement for registration. Therefore, the Domain Name is confusingly similar to the Complainant’s trademark.\r\n\r\n\r\nA. Respondent has no rights or legitimate interests in respect of the Domain Name\r\n\r\nThere is no bona fide offering of goods or services where the Domain Name incorporates a trademark which is not owned by Respondent. \r\n\r\nNor is the Respondent commonly known by the name “Star Stable”. The owner is anonymous. Should the Respondent have any legitimate interest in the Domain Name it would most likely not have chosen to monetize the website by adding pay per click links related to the Complainant’s activity.\r\n\r\nNor would Respondent have published the Domain Name for sale.\r\n\r\nThe Domain Name resolves to a parked page which shows links to third party websites. The sponsored links refer to the Complainant and its field of activities (such as online playing games, kids games, horse games etc). These links capitalize on the reputation and goodwill of the Complainant and its trademark and do not give Respondent a right or legitimate interest in the Domain Name.\r\n\r\nMoreover, the Respondent’s name does not correspond with the Domain Name and Respondent does not appear to have any trademark rights associated with the term Star Stable. \r\n\r\nThe Respondent has not used the Domain Name in connection with a bona fide offering of goods or services nor for a legitimate noncommercial or fair purpose but rather to offer the Domain Name for sale and not to redirect to any legitimate content on the Internet. Previous UDRP panels have recognized that the mere registration of a domain name, does not by itself automatically confer rights or legitimate interests in a disputed domain name.\r\n\r\n\r\nB. The Domain Name was registered and is being used in bad faith\r\n\r\nThe Domain Name was registered and used in bad faith because it included the Star Stable trademark which was done intentionally to capitalize on the good will of that mark. That is so because what clearly happened here is that a confusingly similar domain name was registered and caused to resolve to a website that was linked to a pay per click website showing that the main purpose of the registration was to exploit the trademark and probably for profit. \r\n\r\nThe Respondent was aware of the trademark at the time it registered the Domain Name. STAR STABLE is a well-known trademark in the online video game industry and Respondent must have been aware of it and its value. \r\n\r\nThe Respondent has no relationship to the trademark and the Domain Name has no meaning other than for referring to Complainant's name and trademark. \r\n\r\nThere is no legitimate reason for registering the Domain Name as there is no legitimate use that could be made of the Domain Name. \r\n\r\nConsequently, Respondent should be considered to have registered and to be using the Domain Name in bad faith.\r\n\r\n\r\nRESPONDENT\r\n\r\nRespondent did not file a Response in this proceeding.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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 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 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": [ "The Hon. Neil Brown, QC" ], "date_of_panel_decision": "2021-03-31 00:00:00", "informal_english_translation": "The Complainant is the owner of the registered trademark STAR STABLE as a word mark in numerous of countries all over the world including in Europe and in the United States.\r\n\r\nThe US trademark registration with registration number 3814190 predates the registration of the Domain Name. \r\n\r\nThe EUTM with registration number 008696775 predates the registration of the Domain Name as well.\r\n\r\nOther trademark registrations of the Complainant are: \r\n\r\nOther trademark registrations of the Complainant are: \r\n\r\n- OFFICE DATE OF REGISTRATION TRADEMARK NO. JURISDICTION;\r\n\r\n- STAR STABLE USPTO July 6, 2010 3814190 UNITED STATES;\r\n\r\n- STAR STABLE USPTO January 13, 2015 13204128 UNITED STATES;\r\n\r\n- DESIGN PLUS WORDS, LETTERS;\r\n\r\n- USPTO September 21, 2015 14171326 UNITED STATES;\r\n\r\n- STAR STABLE EUTM April 5, 2010 008696775 Europe.\r\n\r\n The trademarks are hereinafter referred to as \"the STAR STABLE trademarks\".\r\n\r\n\r\nThe 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).\r\n\r\n 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.", "decision_domains": { "STASTABLE.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }