{ "case_number": "CAC-UDRP-107955", "time_of_filling": "2025-09-19 07:48:10", "domain_names": [ "scapedark.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Jagex Limited" ], "complainant_representative": "Stobbs IP (Stobbs IP)", "respondent": [ "Frank Gattuso" ], "respondent_representative": null, "factual_background": "

The disputed domain name <scapedark.com> was created on 3 February 2025. The Panel has exercised its general powers under paragraph 10 of the Rules to undertake limited factual research into matters of public record by visiting the website to which the disputed domain name resolves. As of the time of preparing this decision, the disputed domain name resolves only to a blank page. However, according to the Complaint, it previously resolved to a website offering a pirated version of the Complainant’s Old School RuneScape game. According to the information on the case file, the Registrar confirmed that the Respondent is the current registrant of the disputed domain name and that the language of the registration agreement is English.<\/span><\/p>\n

On 15 September 2025, the Complaint was filed. The facts asserted in the Complaint are not contested by the Respondent because no Response was filed.<\/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": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/strong><\/p>\n

THE COMPLAINANT<\/span><\/strong><\/p>\n

The Complainant was incorporated on 28 April 2000 under the name Jagex Limited and has since been engaged in the design, development, publication, and operation of online video games and other electronic entertainment products.<\/span><\/p>\n

The Complainant is internationally recognised for its Massively Multiplayer Online Role-Playing Games (“MMORPG”) RuneScape and Old School RuneScape (together, the “Games”), which collectively attract more than 3 million active users per month. Since October 2022, Old School RuneScape has been listed by Guinness World Records as the world’s largest free-to-play MMORPG, with over 300 million registered accounts.<\/span><\/p>\n

The Complainant owns the domain name <runescape.com>, which has hosted an active website relating to online video games since at least 17 August 2000.<\/span><\/p>\n

In addition to <runescape.com>, the Complainant has acquired a number of other domain names incorporating the RUNE and RUNESCAPE trademarks.<\/span><\/p>\n

The Complainant relies on its trademark rights in the term “DARKSCAPE” and the term “RUNESCAPE”, established through registrations predating the disputed domain name. The Complainant also refers to several prior UDRP decisions acknowledging its substantial goodwill and reputation in the “SCAPE” and “RUNESCAPE” brands. It argues that the disputed domain name is confusingly similar to its marks because it is the inverted version of the “SCAPEDARK” registered trademark and the inversion does nothing to alter the impression generated by the disputed domain name in the eyes of the average internet user. <\/span><\/p>\n

The Complainant alleges that the Respondent is using the disputed domain name to host a website offering a pirated version of its Games. Such use cannot constitute a bona fide offering and represents a deliberate and abusive attempt to profit from the goodwill attached to the Complainant’s marks. The Complainant further submits that creating and distributing a pirated version of the Games violates its End User License Agreement (“EULA”) and applicable copyright law. It states that the Respondent has never been authorised to use any of the trademarks “SCAPE”, “DARKSCAPE” or “RUNE” or known under such names and that the domain name was registered solely to exploit the Complainant’s reputation and goodwill. The Complainant argues that the Respondent registered the disputed domain name in order to take advantage of the goodwill generated by the Complainant’s well-established and successful online video game business, without the Respondent having to incur its own advertising or branding expenditure. <\/span><\/p>\n

The Complainant maintains that the Respondent unequivocally aware of the RUNESCAPE brand, and DARKSCAPE and SCAPE marks, given the Respondent’s deliberate impersonation of the Complainant’s RUNESCAPE brand, DARKSCAPE and SCAPE marks, and the Complainant’s RuneScape and Old School RuneScape in-game assets and mechanics. Such actual knowledge at the time of registration amounts to bad faith under paragraph 4(a)(iii) of the Policy.<\/span><\/p>\n

According to the Complainant, the Respondent is free-riding on its success by promoting a pirated version of the Games. The use of a confusingly similar domain name is intended to divert traffic from the Complainant’s websites to the Respondent’s site for commercial gain.<\/span><\/p>\n

The Complainant further asserts that the Respondent is disrupting its business by diverting potential customers to a competing site offering similar goods and services, which supports a finding of bad faith under paragraphs 4(b)(iii) and 4(b)(v) of the Policy.<\/span><\/p>\n

Accordingly, the Complainant requests the transfer of the disputed domain name.<\/span><\/p>\n

RESPONDENT<\/span><\/strong><\/p>\n

No administratively compliant response was filed.<\/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 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": [ "Hana Císlerová" ], "date_of_panel_decision": "2025-11-05 00:00:00", "informal_english_translation": "

The Complaint is submitted in the name of Jagex Limited, the owner of various RUNE-formative and RUNESCAPE or SCAPE trademark registrations, some of which are listed below:<\/span><\/p>\n