{ "case_number": "CAC-UDRP-105309", "time_of_filling": "2023-03-30 11:05:26", "domain_names": [ "starstable.games" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "STAR STABLE ENTERTAINMENT AB " ], "complainant_representative": "SILKA AB", "respondent": [ "付连友, Fu Lian You" ], "respondent_representative": null, "factual_background": "

The Complainant in this proceeding is STAR STABLE ENTERTAINMENT AB, a <\/span>Swedish company founded in 2010 and located in Stockholm. The Complainant operates in the gaming and entertainment industry<\/u>; and it has become a multi-channel entertainment company, home of an independent record label, short form animations, book series, comics and mobile apps.<\/p>\n

The Complainant has become internationally famous thanks to “Star Stable”, the #1 fastest-growing horse adventure game in the world. Star Stable is a massively multiplayer online role-playing game (MMORPG) <\/span>built especially for those with a passion for horses. In the game, players ride their own horse through the huge 3D world, customize their character and horse, compete in different races and competitions, chat and help each other through challenges, mysteries, and horse adventures the game has to offer. <\/span>With over 21 million registered users across 180 countries (including China), and support in 14 languages, the Complainant provides an expanding gaming and entertainment platform that fosters social connections, adventures and creativity for an underserved community of gamers.<\/p>\n

Today, <\/span>the Complainant has an eclectic team of over 170 employees in 25 different countries around the globe. Likewise, the Complainant announced last year that its revenue in 2020 reached USD44 million <\/span>(approximately GBP35,68 million).<\/p>\n

The disputed domain name <starstable.games> was registered on 13 October 2022. The disputed domain name does not resolve to any active website as of the date that this Complaint is filed.<\/p>", "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.<\/p>", "no_response_filed": "

The Complainant´s contentions are summarised below. <\/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 Policy).<\/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 Policy).<\/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 Policy).<\/p>", "procedural_factors": "

The Complainant requests that the language of this administrative proceeding be English. Pursuant to UDRP Rule 11(a): 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. Complainant makes this request in light of the potential Chinese language Registration Agreement of the disputed domain name involved at this Complaint.<\/p>\n

Paragraph 10 of the UDRP Rules vests a Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios were summarized into WIPO Jurisprudential Overview 3.0, 4.5.1. In this particular instance, the Complainant tried to request change of languages of proceedings in light of Chinese language Registration Agreement by showing that 1) The Dispute Domain Name contains generic English words such as “star” and “stable”, suggesting that the Respondent has some grasp of the English language; and 2) the translation of the Complaint would unfairly disadvantage and burden the Complainant and delay the proceedings and adjudication of this matter.<\/p>\n

In light of the scenarios and equity, the Panel is of the view that conducting the proceeding in English is unlikely to heavily burden the Respondent, and it is likely that the Respondent can understand the English language based on a preponderance of evidence test. Without further objection from the Respondent on the issue, the Panel will proceed to issue the decision in English.<\/p>", "decision": "Accepted", "panelists": [ "Carrie Shang" ], "date_of_panel_decision": "2023-05-21 00:00:00", "informal_english_translation": "

The Complainant owns a global portfolio of STAR STABLE-formative registered trademarks. The Complainant establishes its online presence under, inter alia, the domain name <starstable.com> (registered on October 16, 2007), which hosts a website that displays information about the Complainant and its MMORPG.<\/p>", "decision_domains": { "starstable.games": "TRANSFERRED" }, "panelist": null, "panellists_text": null }