{ "case_number": "CAC-UDRP-106923", "time_of_filling": "2024-10-14 09:24:38", "domain_names": [ "1xbet.ml " ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Navasard Limited " ], "complainant_representative": "Karel Sindelka (Sindelka & Lachmannová advokáti s.r.o.)", "respondent": [ "Boubacar YATTASSAYE" ], "respondent_representative": null, "factual_background": "

“1xBET” was founded in 2007 and the Complainant has existed since 9 March 2015. 1xBet offers sports betting, lottery, bingo, live betting, lottery, etc. “1xBET” has become one of the world's leading betting companies. This is proven by multiple prestigious awards and prizes the company has won and been nominated for, namely at the SBC Awards, Global Gaming Awards, and International Gaming Awards. 1xBet Betting Company is an active sponsor of the top football tournaments – the official presenting partner of Italy´s Serie A, media´s partner of Spain´s La Liga and is the sponsor of a number of big international tournaments such as the Africa Cup of Nations. “1xBET” has developed a strong presence and reputation in the global online gambling market. “1xBET” also operates a website under the domain name <1xbet.com>, which includes Complainant's “1XBET” trademark. “1xBET” uses this domain name to resolve to its online betting websites.<\/span><\/p>\n

The disputed domain name <1xbet.ml> (hereinafter “disputed domain name”) was registered on 8 September 2023. According to the Registrar, the Respondent is ‘Boubacar YATTASSAYE’. The Respondent’s provided address as being at Bamako, Mali.<\/span><\/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": "

    \n
  1. COMPLAINANT:<\/span><\/li>\n<\/ol>\n

    The Complainant contends that the requirements of the UDRP have been met and that the disputed domain name should be transferred to it.<\/span><\/p>\n

     <\/span><\/p>\n

      \n
    1. RESPONDENT:<\/span><\/li>\n<\/ol>\n

      The Respondent has filed a Response to the Complaint. <\/span><\/p>\n

      The Respondent claims that the disputed domain name was registered and is used in good faith. The Respondent’s intention is not to create confusion or infringe on trademark rights but rather to provide local access to services associated with “1XBET” for Malian users (to promote the brand and facilitate access for bettors to the official “1XBET” site in Mali <ml.1x001.com>).  <\/span><\/p>\n

      The Respondent adds that He purchased the local domain name <1xbet.ml> to enhance the credibility of the brand in Mali and inform bettors about new mobile payment methods.  <\/span><\/p>\n

      According to the Respondent, the content of the website under the disputed domain name was not created by Him. The local domain associated with the brand in Mali is <ml.1x001.com>, which is difficult to find on search engines. The Respondent then acquired the disputed domain name with the aim of redirecting bettors to the official brand site, and not for profit-making purposes.  <\/span><\/p>\n

      The Respondent did not have direct contact with bettors and has not created professional email addresses. The Respondent’s sole objective is to redirect users to the official site using only the contact information provided by the brand (https:\/\/ml.1x001.com\/fr\/information\/contacts).<\/span><\/p>\n

      The Respondent has also worked to improve local search engine optimization and conducted promotional campaigns to promote the brand. <\/span><\/p>\n

      The Respondent questioned the authorization of the Complainant’s representative.<\/span><\/p>\n

      Furthermore, the Respondent claims that is a partner in the “1XBET” affiliate program. <\/span><\/p>\n

      The Respondent declared that He is refusing the transfer of the disputed domain name. <\/span><\/p>\n

      The Respondent wishes to propose a partnership with the Complainant regarding the disputed domain name. Unfortunately, the Respondent’s attempts to contact the Complainant to establish a fruitful collaboration have been unsuccessful. <\/span><\/p>\n

      The Respondent concludes that has not sought to profit from the Complainant’s reputation but rather to support its image and values. Therefore, the Respondent requests that the transfer request made by the Complainant is to be denied.<\/span><\/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 UDRP).<\/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 UDRP).<\/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 UDRP).<\/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": [ "Radim Charvát" ], "date_of_panel_decision": "2024-12-06 00:00:00", "informal_english_translation": "

      The Complainant states that it is the owner, among others, of the following trademark registrations:<\/span><\/p>\n

        \n
      • EUTM “1XBET” No. 013914254, registered on 27 July 2015, for services in class 41;<\/span><\/li>\n
      • International figurative trademark “1XBET” No. 1672896, registered on 6 April 2022 in several countries including OAPI (“The Organisation Africaine de la Propriété Intellectuelle”), of which Mali is a member country, for services in classes 41, 42.<\/span><\/li>\n<\/ul>\n

        The Complainant proved Its ownership of the “1XBET” international trademark No. 1672896 by the submitted extract from the WIPO Madrid database.<\/span><\/p>\n

        The Complainant further submitted an extract from the EUIPO database proving the registration of the “1XBET” EUTM No. 014227681, registered on 21 September 2015, for services in classes 35, 41, 42. This extract is different from the EUTM No. 013914254 expressly mentioned in the Complaint. <\/span><\/p>\n

        Evidence of the Complainant’s ownership of the “1XBET” international figurative trademark can support the Complainant’s claim. However, the submitted extract from the EUIPO for the “1XBET” EUTM No. 014227681 and the Panel’s own research in the EUIPO eSearch database for the “1XBET” EUTM No. 013914254 sufficiently supports the finding of the Complainant’s rights in the “1XBET” mark.<\/span><\/p>", "decision_domains": { "1xbet.ml ": "TRANSFERRED" }, "panelist": null, "panellists_text": null }