COMPLAINANT:<\/strong><\/p>\nThe Complainant submits that the element “1X” is the most distinctive and recognizable part of its brand and trademarks and serves as its core identifier, which is consistently emphasized in the company’s logos, marketing, and user references, and is often used alone to refer to the Complainant’s brand.<\/p>\n
According to the Complainant, the disputed domain name is confusingly similar to its 1X, 1XBET and 1XGAMES trademarks, because it fully incorporates their dominant and distinctive 1X element. The Complainant notes that the addition of the word “play” does not eliminate the confusing similarity with its trademarks, because it is a dictionary word that is commonly used in the gaming and casino industry and is not distinctive. The Complainant adds that the inclusion of a hyphen between “1” and “X” in the disputed domain name does not effectively differentiate it from the Complainant’s trademarks.<\/p>\n
The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it was registered after the 1X, 1XBET and 1XGAMES trademarks.<\/p>\n
The Complainant states that it has not authorized the Respondent to register or use the disputed domain name, that the Respondent is not affiliated with it, is not commonly known by the disputed domain name, and does not own any corresponding trademarks. The Complainant maintains that the Respondent is not using the disputed domain name in connection with a bona fide offering of goods and services, and is not making any legitimate non-commercial or fair use of it.<\/p>\n
According to the Complainant, the composition of the disputed domain name reflects the Respondent’s intention to create a likelihood of confusion with the Complainant and its trademarks and to mislead Internet users to believe that the disputed domain name and the associated website are authorized or endorsed by the Complainant.<\/p>\n
The Complainant points out that the disputed domain name automatically redirects to a website that offers instant games, bonuses, referral programs, and tournaments under the “1XPLAY” brand, which directly targets the same gaming and casino market served by the Complainant under its 1XBET and 1XGAMES trademarks. The Complainant notes that the services and promotional offerings on the website to which the disputed domain name redirects are substantially similar to those provided by the Complainant, which shows that the Respondent engages in a deliberate effort to attract and divert the Complainant’s customer base. The Complainant points out that the Respondent’s website prominently displays “1X” separately from “play,” using distinct colours, fonts, and visual styling to emphasize the “1X” element, and this visual emphasis enhances the association with the Complainant’s brand, creating a strong likelihood of confusion among consumers, which signals an intentional strategy to trade on the reputation and goodwill of the Complainant’s trademarks.<\/p>\n
The Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the Respondent intentionally chose a domain name incorporating the “1X” element, which is closely associated with the Complainant’s renowned 1X and 1XBET trademarks and with its 1XBET online betting and gaming platform, to exploit the Complainant’s strong brand reputation and market presence and operate a business offering similar online gaming services, placing it in direct competition with the Complainant. According to the Complainant, this competitive relationship is reinforced by the content of the Respondent’s website, which displays a user interface, game providers, and promotional offers that mirror those found on the Complainant’s official platform.<\/p>\n
The Complainant contends that the disputed domain name was registered primarily to disrupt its business operations. According to the Complainant, by using the disputed domain name, the Respondent has attempted to mislead Internet users for commercial gain by creating a likelihood of confusion with the Complainant’s trademarks, causing such users to mistakenly believe the Respondent’s website is affiliated with or endorsed by the Complainant.<\/p>\n
<\/p>\n
RESPONDENT:<\/strong><\/p>\nThe Respondent did not submit a Response in this proceeding.<\/p>",
"rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to the 1X, 1XBET and 1XGAMES trademarks 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": "
Procedural issue - language of the proceeding<\/strong><\/p>\nAccording to the information received from the Registrar, the language of the Registration Agreement for the disputed domain name is Russian.<\/p>\n
Paragraph 11(a) of the Rules provides that unless otherwise agreed by the Parties or specified otherwise in the registration agreement between the Respondent and the Registrar in relation to the disputed domain name, the language of the 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 Complaint was filed in English, and the Complainant requests that the language of the proceedings be English. In support of its language request, the Complainant submits that the disputed domain name contains the English words “play” and “online” <\/span>and that the website to which it redirects also contains many English words and sentences, including the names of all games featured on the website and the legal notice at the bottom of the website. According to the Complainant, this indicates that the Respondent has a good knowledge of English. The Complainant adds that translating the Complaint and the evidence into Russian would lead to undue delay and substantial expense incurred by the Complainant.<\/p>\nThe Respondent did not express any views with respect to the language of the proceeding and did not object to the Complainant’s language request.<\/p>\n
In exercising its discretion to use a language other than that of the registration agreement, the Panel has to act judicially in the spirit of fairness and justice to both Parties, taking into account all relevant circumstances of the case, including matters such as the Parties’ ability to understand and use the proposed language, time and costs.<\/p>\n
The Panel finds that the evidence submitted by the Complainant supports its statements in support of its language request, and taking into account the absence of any objection by the Respondent, concludes that the Respondent has sufficient command of the English language to understand the Complaint and to present his case. The Panel is also mindful of the need to ensure the proceeding to be conducted in a timely and cost-effective manner.<\/p>\n
Considering the above, the Panel grants the Complainant’s request regarding the language of the proceeding, and determines that the language of the proceeding shall be English.<\/p>\n
The above procedural issue having been resolved, the Panel is satisfied that all procedural requirements under UDRP have been met and there is no reason why it would be inappropriate to provide a decision.<\/p>",
"decision": "Accepted",
"panelists": [
"Assen Alexiev"
],
"date_of_panel_decision": "2025-06-29 00:00:00",
"informal_english_translation": "
The Complainant is the owner of a number of trademark registrations for 1X, 1XBET and 1XGAMES (the “1X, 1XBET and 1XGAMES trademarks”), including the following representative registrations:<\/p>\n
− the European Union trademark 1X <\/strong>(combined) <\/strong>with registration No. 018669983, registered on 22 June 2022 for services in International Classes 35, 41 and 42;<\/p>\n − the European Union trademark 1XBET<\/strong> (word) with registration No. 014227681, registered on 21 September 2015 for services in International Classes 35, 41 and 42;<\/p>\n − the European Union trademark 1XBET <\/strong>(combined) with registration No. 017517327, registered on 7 March 2018 for services in International Classes 41 and 42; and<\/p>\n − the European Union trademark 1XGAMES <\/strong>(combined) with registration No. 018928828, registered on January 9, 2024, for services in International Classes 35, 41 and 42.<\/p>",
"decision_domains": {
"1-xplay.online": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}