{
    "case_number": "CAC-UDRP-104012",
    "time_of_filling": "2021-09-10 11:28:44",
    "domain_names": [
        "starstable.news"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Star Stable Entertainment AB"
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Gabriella  Garlo"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nFounded in 2011 in Stockholm, Sweden, the Complainant is the maker of the popular adventure game Star Stable Online and according to the Complainant it is the fastest-growing horse game in the world. \r\nOver the years the Complainant has extended its product line to music, publishing and several apps. \r\nThe Complainant states it has a significant presence on various social media platforms, such as “Facebook”, “Youtube”, “Instagram”, “Google+” and “Twitter”.\r\n\r\nThe Complainant is the owner of the registered “STAR STABLE” trademarks in numerous of countries including the EU and the United States. \r\n\r\nThe disputed domain name was registered on June 1, 2021 and incorporates in full the Complainant’s registered trademark “STAR STABLE” coupled with the generic gTLD “news”. \r\n\r\nThe generic Top-Level Domain (gTLD) “.news” is typically disregarded under the first element, as it a standard requirement for registration and does not negate a finding of similarity between the Complainant’s trademark and the disputed domain name. \r\nTherefore, the disputed domain name is confusingly similar to the Complainant’s trademark.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant asserts that there is no bona fide offering of goods or services in this case, nor is the Respondent known by the name “Star Stable”. \r\nThe identity in the whois record is hidden under a privacy shield. The Complainant argues that should the Respondent have any legitimate interest in the disputed domain name, she would most likely not have chosen to register it anonymously. The Whois privacy service hides the identity of the person behind an infringing website and makes it more challenging for brands to enforce their trademarks. \r\n\r\nThe disputed domain name resolves to a parked page which shows links to third party websites depending on where the site is accessed from. \r\nThese links capitalize on the reputation and goodwill of the Complainant and its trademark. \r\nThe Complainant adds that the Respondent’s name doesn’t correspond with the disputed domain name and the Respondent does not appear to have any trademark rights associated with the term “Star Stable”. \r\n\r\nThe Respondent’s name is Gabriella Garlo and she is in Brazil. \r\nSearches have shown that Gabriella Garlo has been involved in numerous UDRP proceedings and as such, the Respondent has a historical behavior of abusive registrations which does not constitute fair use of the disputed domain name.\r\nThus, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name. \r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND IS BEING USED IN BAD FAITH\r\n\r\nThe Complainant claims the Respondent uses a privacy shield and although 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. \r\nThe Complainant emphasizes the fact that it also suggests that a motive for using a domain privacy service in this instance has been to increase the difficulty for the Complainant of identifying the Respondent, which does not reflect good faith. \r\nThe Complainant sent a cease-and-desist letter to the Respondent and requested to cease the use of the disputed domain name. \r\nThe Respondent failed to respond to the letter and that also indicated Respondent’s bad faith.\r\n\r\nThe Complainant contends that “STAR STABLE” is a well-known trademark in the online video game industry. \r\nIt is highly unlikely that the Respondent was not aware of the rights Complainant has in the trademark and the value of said trademark, at the point of the registration of the disputed domain name. There is no way in which the disputed domain name could be used legitimately. \r\nThus, the Complainant asserts that the Respondent has registered and is using the disputed domain name in bad faith.",
    "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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\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.",
    "decision": "Accepted",
    "panelists": [
        "Igor Motsnyi \/ Mocni Konsalting doo"
    ],
    "date_of_panel_decision": "2021-10-11 00:00:00",
    "informal_english_translation": "In this proceeding the Complainant relies on the following trademarks:\r\n\r\n- STAR STABLE (word), EU trademark registration No. 008696775, registered on April 5, 2010;\r\n- STAR STABLE (word), US trademark registration No. 3814190, registered on July 6, 2010;\r\n- STAR STABLE (word), US trademark registration No. 13204128, registered on January 13, 2015; and\r\n- STAR STABLE (figurative), US trademark registration No. 14171326, registered September 21, 2015.",
    "decision_domains": {
        "STARSTABLE.NEWS": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}