The Complainant offers the design, development, publication and operation of online video games and other electronic-based entertainment and is well-known for its Massively Multiplayer Online Role-Playing Games (“MMORPG”) RuneScape and Old School RuneScape. Collectively both Games average a total of more than 3 million active users per month. Old School RuneScape has been recognized by the Guinness World Records for being the largest free-to-play MMORPG with over 300 million accounts.<\/p>\n
The disputed domain name <rune-saga.com> was registered on October 23, 2022 by a registrant, whose identity is not disclosed to the Panel. Since then, the registrant lost or has given up its ownership and the First Respondent (NameCheap, Inc.), who is the registrar for the disputed domain name, has transferred the disputed domain name to its “internal account”. The disputed domain name is not used and resolves to a blank page.<\/p>\n
The Second Respondent (Isaiah Rogan) registered the disputed domain name <runesaga.net> on June 23, 2023. The disputed domain name resolves to a website, that offers a pirated version of the Complainant’s Old School RuneScape game.<\/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 contends that it has satisfied each of the elements required under the Policy to transfer the disputed domain names.<\/p>\n
I. Procedural<\/p>\n
The Complainant submits that the disputed domain names are\/were either (i) registered by the same domain name holder, or (ii) under the control of a common operator, based on similarities between the disputed domain names and the websites to which they resolve (or previously resolved). Therefore, the Complainant submits, it is fair and equitable to consolidate the complaints against both Respondents into a single complaint.<\/p>\n
<\/p>\n
II. The Complainant states that the disputed domain names are confusingly similar to its trademark “RUNE” and its associated domain names.<\/p>\n
The Complainant asserts that the registration of the “RUNE” trademarks significantly predates the registration of the disputed domain names and that these trademarks have been recognized as distinctive and well-known by other panels under the UDRP. The Complainant also states that the disputed domain names are confusingly similar to the Complainant’s trademarks, because the disputed domain names incorporate the trademark “RUNE” verbatim. The addition of the term “SAGA” does not alter the impression of similarity, as “SAGA” is a common term used in the Complainant’s games and follows the naming structure found in other RUNE-trademarks of the Complainant, such as RUNECOIN, RUNEMETRICS, and RUNEFEST. The Complainant states that the inclusion of the gTLD \".com\" or “.net” should be omitted when assessing similarity.<\/p>\n
III. The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain names.<\/p>\n
The Complainant claims that the Respondents do not use the disputed domain names in connection with a bona fide offering of goods or services, are not known to the Complainant and are not commonly associated with the disputed domain names and are not making a legitimate non-commercial or fair use of the disputed domain names, without intent or commercial gain to misleadingly divert consumers. Given the Complainant’s significant reputation at the time the Respondents registered the disputed domain names, there would be no credible or plausible reason for their registration other than to take advantage of the Complainant’s rights and reputation. The Respondents have not been granted any license or authorization to use the Complainant’s trademark or to apply for the registration of the disputed domain names.<\/p>\n
<\/p>\n
IV. The Complainant states that the disputed domain names were registered and are being used in bad faith.<\/p>\n
Regarding the disputed domain name <rune-saga.com>, the Complainant asserts that the passive holding of the disputed domain name supports the finding of registration and use in bad faith because of the distinctiveness and widespread recognition of the Complainant’s trademarks. The First Respondent has not provided any evidence of actual or intended good faith use.<\/p>\n
Regarding the disputed domain name <runesaga.net>, the Complainant states that the similarity of in-game assets, naming structure and art style, and the fact that the disputed domain name resolves to a website, that offers a pirated version of the Complainant’s Old School RuneScape game, indicates that the Second Respondent registered and uses the disputed domain name to divert traffic to his own website by taking advantage of the Complainant’s reputation. The Complainant further argues that the Second Respondent disrupts the Complainant’s business by diverting potential customers to the Website which offers similar and competing goods and services.<\/p>\n
<\/p>\n
V. The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n
<\/p>\n
No administratively compliant Response has been filed.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name <runesaga.net> 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 Second Respondent to have no rights or legitimate interests in respect of the disputed domain name <runesaga.net> (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 <runesaga.net> 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": "Partially Accepted\/Partially Rejected", "panelists": [ "Dominik Eickemeier" ], "date_of_panel_decision": "2025-03-24 00:00:00", "informal_english_translation": "
The Complainant owns several trademarks in various jurisdictions consisting of or including the term “RUNE“, such as the European Union trademark “RUNE” No. 018622946, registered on May 20, 2022, the United States trademark “RUNE SCAPE” No. 3373023, registered on January 22, 2008, the European Union trademarks “RUNECOIN” No. 018613195, registered on July 14, 2022 and “RUNEFEST No. 018552117 registered on August 28, 2023. The Complainant owns several domain names including the term “RUNE,” such as <runescape.com>, <runemetrics.com> and <runefest.net>.<\/p>", "decision_domains": { "rune-saga.com": "", "runesaga.net": "TRANSFERRED" }, "panelist": null, "panellists_text": null }