The Complainant is a Swedish Aktiebolag and was founded in 2010. It is the developer of a popular online adventure game named “Star Stable Online”, featuring horses and mysteries, which in 2017 is reported to have had between 400,000 and 500,000 monthly players and 12 million registered users.<\/p>\n
The Complainant has a substantial following on social media, such as 260,000 ‘likes’ on Facebook, 360,000 subscribers on YouTube, 609,000 followers on Instagram, and 41,500 followers on the platform formerly known as Twitter.<\/p>\n
In addition to the Complainant’s STAR STABLE registered trademark, the Complainant owns a domain name portfolio containing domain names such as <starstable.com> (created in 2007), <starstable.org> (created in 2012), and <starstableonline.net>, <starstableonline.info> and <starstableonline.org> (each created in 2013).<\/p>\n
The disputed domain names <starstablefree.com> and <starstableplay.com> were registered on August 2, 2021, while the disputed domain names <starstableonlinedl.com> and <star‑stable‑online.com> were registered on December 30, 2022. The websites associated with each of the disputed domain names reference the Complainant’s game and reproduce the Complainant’s logo (itself the subject of registered trademarks in the European Union and United States of America). Although the respective disputed domain names were registered at different times, the look and feel of the websites associated with (1) <starstablefree.com> and <starstableonlinedl.com>, and (2) <starstableplay.com> and <star‑stable‑online.com> are markedly similar. Furthermore, each site invites the user to download the Complainant’s game for free and displays the exact same pink color “Play Now” button.<\/p>\n
Each site suggests that it is a fan site in text at the foot of the home page. In the website associated with <starstablefree.com> it states, “We are fans of this game decided to create this site to introduce people to the features of Star Stable” [sic<\/em>]. In the website associated with <starstableplay.com> it states, “We are the team of Star Stable fans”. In the website associated with <starstableonlinedl.com> it states, “My friend and I are fans of Star Stable Online”. In the website associated with <star-stable-online.com> it states, “We created our fansite so you can learn more about this game”. However, the links on the home pages of <starstablefree.com> and <starstableplay.com> previously redirected to a website featuring numerous games to which users are redirected via affiliate links.<\/p>\n The Complainant issued a cease-and-desist letter to the Respondent on October 4, 2021 in respect of <starstablefree.com> and <starstableplay.com> but received no reply.<\/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 names.<\/p>",
"no_response_filed": " COMPLAINANT:<\/p>\n The disputed domain names incorporate the Complainant’s registered mark STAR STABLE in its entirety, along with related keywords ‘Play’, ‘Free’, ‘Online’ and ‘DL’ (for download). The Complainant’s trademark is clearly recognizable within each of the disputed domain names. In cases where a domain name incorporates the entirety of a trademark, the domain name will usually be considered confusingly similar to that mark for purposes of UDRP standing. The addition of the generic Top-Level Domain “.com” does not differentiate the domain names from the said trademark.<\/p>\n The Respondent lacks rights or legitimate interests in the disputed domain names. The Complainant has invested substantial resources in its STAR STABLE mark and has been using the brand since 2010, while the disputed domain names have registration dates of February 8, 2021 and December 30, 2022. The brand is not a descriptive term but is a coined word and a distinctive mark for the Complainant’s online game. One would not legitimately choose this mark as a domain name with related keywords in the absence of specific rights.<\/p>\n The Respondent is not authorized to use the disputed domain names as a licensee, vendor, supplier, distributor or in any other form. Given the fame of the Complainant’s mark, the name “Star Stable” in the disputed domain names is bound to lead users to infer that the disputed domain names have an association or nexus with the Complainant, resulting in confusion and deception. There is no such association or nexus and any use of the disputed domain names by the Respondent cannot be said to be legitimate. The disputed domain names are not used in connection with a bona fide<\/em> offering of goods or services but as pretended fan sites. The disputed domain names <starstablefree.com> and <starstableplay.com> each engaged in a previous commercial use through the publication of links that redirected users to a site featuring multiple games with affiliate links. The other two disputed domain names, <starstableonlinedl.com> and <star‑stable‑online.com>, have configured MX servers. The Respondent has failed to make the websites associated with the disputed domain names distinct from the Complainant’s official site. <\/p>\n The disputed domain names were registered and are being used in bad faith. It is improbable that the Respondent chose these without knowledge of the Complainant’s trademark and its use in connection with a popular online game. The Respondent uses the disputed domain names to impersonate the Complainant and in the case of two of the disputed domain names has used these to redirect users to a third party website for the Respondent’s commercial benefit. This indicates an intent to deceive and\/or to act in bad faith for commercial gain. Active MX records on the disputed domain names <starstableonlinedl.com> and <star-stable-online.com> designate an e-mail server and can constitute bad faith use beyond mere registration of the disputed domain names. The Respondent may have plans to send suspicious e-mails for these disputed domain names. Furthermore, there is a pattern of bad faith conduct established due to the registration of multiple trademark-abusive domain names, and the Respondent would not require multiple domain names for a genuine fan site. The circumstances suggest opportunistic bad faith.<\/p>\n 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 names are 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 names (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 names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
"procedural_factors": " Notification of the Complaint \/ the Respondent's default<\/p>\n Under paragraph 10 of the Rules, the Panel is required to ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case, and also that the administrative proceeding takes place with due expedition.<\/p>\n The Respondent’s mailing address is stated to be in Kharkiv, Ukraine. The Panel is not aware as to whether this is a genuine contact address for the Respondent. Ukraine is subject to an international conflict at the date of this decision. This may impact case notification, and it is therefore necessary to consider whether the proceeding should continue.<\/p>\n Having given careful consideration to the issue, the Panel determines that the proceeding should continue for the following reasons. First, the Panel has been provided with no reason that would suggest that the Respondent is unaware of the proceeding or has no control over the disputed domain name. Secondly, while two of the disputed domain names were registered prior to the current conflict, the second two were registered (and therefore must necessarily have been configured by the Respondent) after the commencement of the conflict. In all cases, the Respondent supplied the same contact address to the Registrar, such that it is reasonable to infer that the Respondent is capable of receiving communications there. Thirdly, neither the written notice of the Complaint nor the advice of delivery thereof was returned to the Czech Arbitration Court. Fourthly, while some of the email notifications failed, one did not produce a failure notification, suggesting that it may have been received successfully.<\/p>\n The Panel notes that the Complainant has adopted the mutual jurisdiction of the Courts of the location of the principal office of the concerned registrar for any challenge made by the Respondent to any decision to transfer or cancel the disputed domain names. The principal office of the Registrar, Namecheap, Inc., is in the United States of America, and therefore is outside the conflict zone affecting the Respondent’s stated contact address.<\/p>\n Finally, for reasons which are set out in this decision, the Panel has no serious doubt (albeit in the absence of any Response) that the Respondent registered and has used the disputed domain names in bad faith and with the intention of unfairly targeting the Complainant’s goodwill in its trademark.<\/p>\n The Panel concludes that the Parties have been given a fair opportunity to present their case, and in order that the administrative proceeding takes place with due expedition the Panel will proceed to a decision.<\/p>\n 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": [
"Andrew Lothian"
],
"date_of_panel_decision": "2023-09-06 00:00:00",
"informal_english_translation": " Among others, the Complainant is owner of (1) European Union Registered Trademark Number 008696775 for the word mark Star Stable, filed on November 18, 2009 and registered on April 5, 2010 in Class 9; and (2) European Union Registered Trademark Number 013204128 for the word mark STAR STABLE, filed on August 27, 2014 and registered on January 13, 2015 in Classes 16, 25, 28, and 41.<\/p>",
"decision_domains": {
"starstablefree.com ": "TRANSFERRED",
"starstableplay.com ": "TRANSFERRED",
"starstableonlinedl.com ": "TRANSFERRED",
"star-stable-online.com ": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}