The Complainant offers sports betting, lottery, bingo, live betting, lottery and other games. It is the owner of the domain name <1xbet.com>, which resolves to the website where the Complainant offers its services under the 1XBET trademark.<\/p>\n
The disputed domain name was registered on April 21, 2022. It resolves to an Arabic language website with a header whose English translation is “Download 1xbet => All versions of 1xbet V.111(6560) Betting Apps + Free Bonus”<\/em>. The website prominently features the 1XBET trademark and offers for download an 1XBET application, where the clicking of the download button starts the download of a file with the name “1xbet.apk”. The provider of the website and its contact details are not indicated. The website includes a “Change the language”<\/em> <\/em>(English translation) button, which redirects visitors to other domain names that also incorporate the 1XBET trademark and resolve to websites in other languages that also offer the download of what appears to be the same 1XBET <\/span>application.<\/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": " COMPLAINANT:<\/p>\n The Complainant states that the disputed domain name is confusingly similar to its 1XBET trademark, because it fully incorporates the same trademark which is clearly recognizable in it. The Complainant maintains that the addition of the abbreviation “apk” which stands for “Android Package Kit”, designating the file format used by the Android operating system, does not prevent a finding of confusing similarity of the disputed domain name to the 1XBET trademark. The Complainant adds that the website at the disputed domain name displays the 1XBET trademark. According to it, this shows that the Respondent registered the disputed domain name because it believed that it was confusingly similar to the 1XBET trademark of the Complainant.<\/p>\n The Complainant submits that the Respondent has no rights or legitimate interests in respect of the disputed domain name, because the Complainant has not authorized it to register or use the disputed domain name and the Parties are not affiliated. The Complainant notes that the disputed domain name was registered several years after the Complainant registered the 1XBET trademark, and submits that the Respondent is not known by the disputed domain name and does not own any corresponding trademark. According to the Complainant, the Respondent has not used the disputed domain name in connection with a bona fide<\/em> offering of goods or services and is not making a legitimate non-commercial or fair use of it, but attempts to make Internet users believe that the disputed domain name is directly linked to, or operated by, the Complainant, because the associated website prominently displays the 1XBET trademark and promotes a downloadable application related to the Complainant's business, but does not identify the person operating the website and does not disclose the absence or nature of the relationship between the Parties. According to the Complainant, this shows that the Respondent is using the disputed domain name to impersonate the Complainant and to pass off its services as being provided by the Complainant for commercial gain.<\/p>\n The Complainant contends that the disputed domain name was registered and is being used in bad faith. It notes that the Respondent registered the disputed domain name several years after the Complainant registered its 1XBET trademark and introduced the 1XBET brand. The Complainant states that the composition of the disputed domain name shows that the Respondent registered it with the Complainant and its 1XBET trademark in mind with an intent to create an association and likelihood of confusion with the Complainant's trademark in the minds of Internet users, and to take advantage of the Complainant’s well-known trademark.<\/p>\n The Complainant concludes that the Respondent registered and uses the disputed domain name primarily with the intention of attempting to attract, for commercial gain, Internet users to the website at the disputed domain name, by creating a likelihood of confusion with the Complainant’s 1XBET trademark as to the source, sponsorship, affiliation, or endorsement of this website.<\/p>\n <\/p>\n RESPONDENT:<\/p>\n The Respondent did not submit a Response in this proceeding.<\/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": " Language of the proceeding<\/p>\n Under paragraph 11(a) of the Rules, unless otherwise agreed by the Parties, or otherwise specified 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. Paragraph 10(b) and (c) of the Rules requires the Panel to ensure that the proceeding takes place with due expedition and that the Parties are treated fairly and given a fair opportunity to present their respective cases.<\/p>\n The Registrar has informed the CAC that the language of the Registration Agreement for the disputed domain name is Russian. From the evidence on record, no agreement appears to have been entered into between the Complainant and the Respondent regarding the language issue. The Complainant has filed its Complaint in English and requests that English be the language of the proceeding.<\/p>\n The Panel notes that the online platform of the CAC currently does not work in Russian. However, the CAC has sent information about the proceeding also in Russian, and the Respondent has accessed the online case file, but did not file a Response or request any assistance. This is sufficient to support a conclusion that the Respondent was provided an opportunity to present its case in this proceeding and to respond formally to the issue of the language of the proceeding, but it did not contest the Complainant’s request is respect of the language of the proceeding.<\/p>\n Considering the above, the Panel concludes that the choice of English as the language of the present proceeding is fair to both Parties. The Panel also notes that to require the translation of the Complaint and all supporting documents in Russian would cause additional costs and would unnecessarily delay the proceeding.<\/p>\n Having considered all the above, the Panel determines under paragraph 11(a) of the Rules that the language of this proceeding shall be English.<\/p>\n In view of all of the above, 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": [
"Assen Alexiev"
],
"date_of_panel_decision": "2024-05-26 00:00:00",
"informal_english_translation": " The Complainant is the owner of the following trademark registrations for the sign “1XBET” (the “1XBET trademark”):<\/p>\n − the European Union trademark 1XBET (combined) with registration No. 017517327, registered on March 7, 2018 for services in International Classes 41 and 42; and<\/p>\n − the European Union trademark 1XBET (combined) with registration No. 017517384, registered on March 7, 2018 for services in International Classes 41 and 42.<\/p>",
"decision_domains": {
"apk1xbetar.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}