The Complainant is a company incorporated in 2015, which belongs to a group of companies operating under the trademark 1XBET. 1XBET is an online gaming platform with worldwide reach founded in 2017. The 1XBET platform offers sports betting, lottery, bingo, live lottery and other kinds of online games in multiple languages. The 1XBET platform is licensed by the government of Curacao and promotes responsible gambling on its website. Throughout the years, 1XBET has become one of the world's leading betting companies and has won multiple recognitions. The Complainant is one of the official sponsors of the most prestigious football tournaments, which includes being partner of Italy's Serie A and Spain's La Liga. In 2019, the Complainant became FC Barcelona and FC Liverpool global partner. In 2022 the Complainant has signed a sponsorship agreement with the Complainant. As such, 1XBET has become OG Esport's official betting sponsor.<\/p>\n
The Respondent is an individual allegedly located in Canada. The disputed domain name was registered on September 12, 2024.<\/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 maintains that the disputed domain name is confusingly similar to the Complainant's mark. The disputed domain name is fully included in the Complainant's mark with the addition of the term \"promo\", which is usually understood as the abbreviation of the term \"promotion\" or \"promotional\", and the suffix \"az\", which stands for “Azerbaijan”, or is the abbreviation of the State of “Arizona”. The addition, in the disputed domain name, of these two descriptive elements to the Complainant's mark cannot prevent a finding of confusing similarity.<\/p>\n
The Complainant also maintains that the Respondent lacks rights or legitimate interests in the disputed domain name. The Complainant has not licensed or otherwise authorized the Respondent to use the 1XBET mark. The Respondent is not affiliated with the Complainant and there is no evidence that the Respondent is known by the disputed domain name or owns any trademark corresponding to the disputed domain name. The structure of the disputed domain name reflects the Respondent's intention to create an association with the Complainant and its 1XBET mark. Internet users could believe that the disputed domain name originates from the Complainant, while this is not the case. The disputed domain name does not resolve to an active website. When typing the disputed domain name on a search engine, the message \"Invalid SSL certificate\" along with the explanation \"the origin web server does not have a valid SSL certificate” appear. Accordingly, the Complainant lacks rights or legitimate interests in the disputed domain name.<\/p>\n
Finally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. As far as registration in bad faith is concerned, the Complainant points out that the Respondent registered the disputed domain name well after the registration of the Complainant's mark in 2015, and after the Complainant started using its trademark in 2007. Moreover, the Complainant's 1XBET mark is widely known. Being an online gambling and betting company, the Complainant has a strong online presence and heavily promotes its trademark and services through its official websites. A simple online search on the term \"1xbet\" would have led to the Complainant, its mark and business. Moreover, the composition of the disputed domain name suggests full knowledge of the Complainant's mark at the time of the registration of the disputed domain name. The composition of the disputed domain name reflects the Respondent's intention to create an association and subsequent likelihood of confusion with the Complainant's mark in the mind of the Internet users. Lastly, the Complainant underlines that its 1XBET mark is registered both in Azerbaijan and the United States, to which the abbreviation \"az\" contained in the disputed domain name refers. Moreover, the same trademark is registered in Canada, where the Respondent is allegedly located.<\/p>\n
With respect to use in bad faith, the Complainant argues that despite there is no active use of the disputed domain name, a passive use cannot preclude a finding of bad faith under the passive holding doctrine. The Complainant's mark is renown, which is confirmed by the multiple awards and prizes the Complainant has won, the fact that the Complainant with its 1XBET mark is an active sponsor the top football tournament, has signed numerous sponsorship agreements, and is one of the world's leading betting companies. Furthermore, various previous UDRP decisions recognize the reputation of the 1XBET mark. In addition, the Respondent has used a privacy shield at the time of the registration of the disputed domain name. All these circumstances lead to the conclusion that the Respondent is being using the disputed domain name in bad faith.<\/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 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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2024-11-19 00:00:00", "informal_english_translation": "
The Complainant is the owner of the word or figurative trademark 1XBET in various jurisdictions, including international registration No. 1669925, registered on April 06, 2022, claiming protection for services in classes 41 and 42 and designating, inter alia, Canada and the United States of America (\"USA\").<\/p>\n
The Complainant also operates a website under the domain name <1xbet.com>, which includes the Complainant's mark. This website is used to resolve to the Complainant's betting websites. <\/p>", "decision_domains": { "promo-1xbet-az.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }