\nfurthermore, the Respondent’s websites do not identify the person operating the websites or their relationship to the Complainant. On the contrary, the very wording of the disputed domain name suggests an affiliation with the Complainant.
<\/p>\n<\/li>\n<\/ul>\n
Thirdly the Complainant submits that the disputed domain names were registered and are being used in bad faith, arguing that the Respondent registered the disputed domain names October 11, 2020, many years after the first registrations of the Complainant’s 1XBET trademark in 2015.<\/p>\n
Moreover, the Complainant has an online gambling and betting company with the extensive presence online. It is very active online through its official website promoting its 1xBET mark brand and services.<\/p>\n
As shown in a copy of a search carried out on the Google platform which is exhibited in an annex to the Complaint, by conducting a simple online search on popular search engines for the term \"1xbet\", the Respondent would have inevitably learned about the Complainant, its mark and its business.<\/p>\n
The structure of the disputed domain names show that the Respondent registered them with the Complainant and its trademarks in mind. The Complainant repeats that the registration of the disputed domain names, which each contain the Complainant’s well-known trademark 1XBET in their second level portion was intended to create a direct association with the Complainant’s 1xBET group of companies, the Complainant's 1XBET trademarks, and the Complainant's own domain name <1xbet.com>.<\/p>\n
The terms \"download\" or “android” within the disputed domain names suggest affiliation with the Complainant and its mobile application.<\/p>\n
The websites to which the disputed domain names resolve repeatedly displaying the 1XBET trademark are aimed at mimicking the Complainant’s official website at “1xbet.com”.<\/p>\n
This reference to the 1XBET trademark aims at attracting the Internet users’ attention and infer that the website is affiliated to the Complainant, which is not the case. Such use of the disputed domain names creates a likelihood of confusion in Internet users’ mind and may lead them to attempt contacting the person operating the website to use and\/or purchase services.<\/p>\n
Thus, the use of the disputed domain name might generate revenues for the Respondent. Such gain would be unfairly obtained: the Respondent may sell services unrelated to 1XBET services, by capitalizing on the fame of the Complainant and its 1XBET trademark.<\/p>\n
The evidence shows that the Respondent registered and uses the disputed domain names primarily with the intention of attempting to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of such website.<\/p>\n
The Respondent<\/strong><\/p>\nNo administratively compliant Response has been filed.<\/p>\n
<\/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": "
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": [
"James Bridgeman"
],
"date_of_panel_decision": "2024-12-14 00:00:00",
"informal_english_translation": "
The Complainant is the owner of the 1XBET trademark and is a member of a group of companies operating the 1xBET online gaming platform. The following registrations are within the Complainant’s portfolio of registrations for the 1XBET mark:<\/p>\n
European Union trademark No. 14227681 1XBET (word) registered on September 21, 2015 for services in international classes 35, 41, 42;<\/p>\n
European Union figurative trademark 017517327 1XBET registered on March 7, 2018 for services in international classes 41 and 42;<\/p>\n
European Union figurative trademark 017517384 1XBET registered on March 7, 2018 for services in international classes 41 and 42.<\/p>\n
The Complainant, as the proprietor of the 1xBET Internet platform as an extensive Internet presence for which it owns and uses its domain name <1xbet.com>.<\/p>",
"decision_domains": {
"download1xbetandroid.com": "TRANSFERRED",
"download-1xbet.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}