Complainant states that it “has become internationally famous thanks to ‘Star Stable’, the #1 fastest-growing horse adventure game in the world”; that “Star Stable is a massively multiplayer online role-playing game (MMORPG) built especially for those with a passion for horses”; that it has “over 21 million registered users across 180 countries, and support in 14 languages”; that it “has an eclectic team of over 170 employees in 25 different countries around the globe”; and that it “announced last year that its revenue in 2020 reached USD44 million.”<\/p>\n
The Disputed Domain Name was created on June 22, 2022, and is being used in connection with a website that uses the same stylized version of the STABLE Trademark and similar colors as on Complainant’s website and offers a link for “Star Stable Download.” According to a screenshot provided by Complainant, the website associated with the Disputed Domain Name states: “This website has been created by a group of Star Stable players who love the game”, and a footer states: “Our website is not an official representative or the developer of this game.”<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Name.<\/p>", "no_response_filed": "
Complainant contends, in relevant part, as follows:<\/p>\n
Paragraph 4(a)(i): Complainant states that the Disputed Domain Name is confusingly similar to the STAR STABLE Trademark because, inter alia, the Disputed Domain Name contains the STAR STABLE Trademark in its entirety and the addition of the term “pc” (a common abbreviation for “personal computer”) does not prevent a finding of confusing similarity.<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, “Respondent is not a licensee of the Complainant, and it has not received any consent, permission, authorization or acquiescence from the Complainant to use its STAR STABLE mark in association with the registration of the Domain Name”; “Complainant has found nothing to suggest that the Respondent owns any identical or similar trademarks to the Domain Name or to the term ‘starstablepc’”; “[t]here is no evidence that the Respondent has been commonly known, by the Domain Name or by the term ‘starstablepc’”; and “Respondent is not making a legitimate noncommercial or fair use of the Domain Name.” Further, in apparent anticipation of a defense from Respondent that the website associated with the Disputed Domain Name is a protectable fan site, Complainant asserts that “it really is primarily a pretext for cybersquatting or commercial activity, and that there is no fair use of the Domain Name in this case” because, inter alia, the website has a similar look and feel to Complainant’s website, Respondent did not respond to a demand letter, and the website “implies a high risk of implied false affiliation with the Complainant and its activities, as it could be understood that the Domain Name resolves to one of Complainant’s websites.”<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, “[g]iven the Complainant’s numerous trademark registrations for the STAR STABLE mark worldwide, it is not possible to conceive of a plausible situation in which the Respondent would have been unaware of the Complainant and the Complainant’s STAR STABLE mark when the Domain Name was registered”; and Respondent’s website “resolves to a website which reproduces on top the Complainant’s mark in an unauthorized manner, also reproduces the Complainant’s favicon, it has the same look and feel as the Complainant’s website, and it does not include any clear and prominent disclaimer highlighting the lack of relationship between the Complainant and the Respondent.”<\/p>\n
No administratively compliant Response has been filed.<\/p>", "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 UDRP).<\/p>", "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 UDRP).<\/p>", "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 UDRP).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Douglas Isenberg" ], "date_of_panel_decision": "2022-12-20 00:00:00", "informal_english_translation": "
Complainant states, and provides evidence to support, that it is the owner of “a number of STAR STABLE-formative trademarks internationally,” including EU Reg. No. 8,696,775 for STAR STABLE (registered April 5, 2010) for use in connection with, inter alia<\/em>, “electronic games”; and U.S. Reg. No. 3,814,190 for STAR STABLE (registered July 6, 2010) for use in connection with, inter alia<\/em>, “interactive electronic game software and program” (the “STAR STABLE Trademark”).<\/p>", "decision_domains": { "starstablepc.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }