The Complainant operates an online sports betting, lottery, bingo, live betting, lottery business under the 1XBET trademark and has existed since March 9, 2015. 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 Complainant has developed a strong presence and reputation in the global online gambling market, as evidenced by the numerous sponsorship agreements signed with top sports organization.<\/p>\n
The disputed domain names <1xbetapkaz.com> and <1xbetapkuz.com> were registered on January 25, 2022; the disputed domain name <apk1xbetir.com> was registered on January 10, 2022. The disputed domain names resolve to websites with a header whose English translation is “Download 1xbet => Application version => V.111(6560)”. The websites prominently features the 1XBET trademarks and offer 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 websites and its contact details are not indicated. The website includes a “Change the language” (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 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 names.<\/p>", "no_response_filed": "
The Complainant<\/strong><\/p>\n The Complainant asserts that each of the elements enumerated in paragraph 4(a) of the Policy and the corresponding provisions in the Rules have been satisfied. In particular, the Complainant asserts that:<\/p>\n (1) The disputed domain names are confusingly similar to the Complainant’s 1XBET trademark, as they fully incorporate this trademark, which is clearly recognizable within each disputed domain name. The addition of the abbreviation “apk” (representing “Android Package Kit,” the file format used by the Android operating system) and the geographical abbreviations \"az\", \"uz\", and \"ir\" – referring to Azerbaijan, Uzbekistan, and Iran respectively – in the disputed domain names <1xbetapkaz.com>, <1xbetapkuz.com>, and <apk1xbetir.com> does not prevent a finding of confusing similarity to the Complainant’s 1XBET trademark. Additionally, the presence of the generic Top-Level Domain (gTLD) “.com” in each disputed domain name is a standard registration requirement and may be disregarded.<\/p>\n (2) The Respondent has no rights or legitimate interests in the disputed domain names, as the Complainant has not authorized the Respondent to register or use these domain names, and the Parties are not affiliated. The disputed domain names were registered several years after the Complainant’s 1XBET trademark, and the Respondent is neither known by the disputed domain names nor does its own any corresponding trademark. The Respondent has not used the disputed domain names for a bona fide offering of goods or services and is not making a legitimate non-commercial or fair use of them. Instead, the Respondent attempts to make Internet users believe that the disputed domain names are directly linked to or operated by the Complainant. The associated websites prominently display the 1XBET trademark and promote a downloadable application related to the Complainant's business, but they do not identify the operator of the website or disclose the absence or nature of the relationship between the Parties. This demonstrates that the Respondent is using the disputed domain names to impersonate the Complainant and to pass off its services as those of the Complainant for commercial gain.<\/p>\n (3) The disputed domain names were registered and are being used in bad faith. The Respondent registered the disputed domain names many years after the Complainant’s first registration of the 1XBET trademark (2015) and the introduction of the 1XBET brand (in 2007). The composition of the disputed domain names shows that the Respondent registered them with the Complainant and its 1XBET trademark in mind, intending to create an association and likelihood of confusion with the Complainant's trademark in the minds of Internet users, thereby taking advantage of the Complainant’s well-known trademark. The disputed domain names incorporate the 1XBET trademark along with terms that refer to specific countries of interest, such as Azerbaijan (\"az\"), Uzbekistan (\"uz\"), and Iran (\"ir\"), and to the 1XBET group’s business area – mobile betting apps. They resolve to websites that prominently display the 1XBET trademark and mimic the Complainant’s official website, 1xbet.com<\/a>. The Respondent is targeting the Complainant's trademark by registering multiple domain names containing the well-known \"1XBET\" trademark and by operating infringing websites with misleading content. The Respondent registered and is using the disputed domain names primarily with the intention of attracting Internet users to these websites for commercial gain by creating a likelihood of confusion with the Complainant’s 1XBET trademark regarding the source, sponsorship, affiliation, or endorsement of these websites.<\/p>\n The <\/strong>Respondent<\/strong><\/p>\n The Respondent did not reply to the Complainant’s contentions.<\/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": " Language of Proceedings<\/strong><\/p>\n Paragraph 11(a) of the Rules provides that “unless otherwise agreed by the Parties, 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”.<\/p>\n The language of the Registration Agreement for the disputed domain names is Russian. The Panel is proficient in both Russian and English.<\/p>\n The factors that the Panel should take into consideration include whether the Respondent is able to understand and effectively communicate in the language in which the Complaint has been made and would suffer no real prejudice, and whether the expenses of requiring translation and the delay in the proceedings can be avoided without at the same time causing injustice to the Parties.<\/p>\n The Complainant has filed the Complaint in English and requested English to be the language of this proceeding based on the Respondent’s registration of disputed domain names including an English-language trademark and the fact, that the language of the websites associated with the disputed domain names can be changed to English. <\/p>\n While applying the provision on the language of the proceeding, the Panel considers that it should ensure that the parties are treated equally, that each party is given a fair opportunity to present its case, and that the proceeding takes place with due expedition.<\/p>\n The Respondent raised no objection to the proceedings being conducted in English.<\/p>\n While there is a language requirement in paragraph 11(a) of the Rules, the Panel must balance that against other considerations of ensuring that the proceeding takes place with due expedition and that the parties are treated fairly and given a fair opportunity to present their case. The Panel is of the view that the language requirement should not cause any undue burden on the parties or undue delay.<\/p>\n Based on the foregoing, the Panel concludes that it is not unfair to the Parties to proceed in English and finds it appropriate to exercise its discretion and allow the proceedings to be conducted in English.<\/p>\n <\/strong><\/p>",
"decision": "Accepted",
"panelists": [
"Ganna Prokhorova"
],
"date_of_panel_decision": "2024-10-27 00:00:00",
"informal_english_translation": " The Complainant is the owner of the following trademark registrations for 1XBET:<\/p>\n\n