{
    "case_number": "CAC-UDRP-108212",
    "time_of_filling": "2025-12-05 14:18:19",
    "domain_names": [
        "melbet-kirish.com ",
        "melbet-kirish.top"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Batnesto Ltd"
    ],
    "complainant_representative": null,
    "respondent": [
        "Denys Zahaichuk",
        "Mikhail "
    ],
    "respondent_representative": null,
    "factual_background": "<p>Key aspects of the Complainant&rsquo;s contentions are summarized below.<\/p>\n<p><strong>Complainant&rsquo;s Background<\/strong><\/p>\n<p>The Complainant, Batnesto Ltd, is a company registered in Cyprus and uses the MELBET name in connection with an online betting and casino platform, which has been operating internationally since 2012. The Complainant has provided extensive evidence of longstanding use of the MELBET mark in connection with its services, including archived website records, third-party references, mobile applications, and promotional activities.<\/p>\n<p>The Complainant has submitted evidence demonstrating that the MELBET platform has a substantial international presence, including multilingual website content, a large user base, and participation in sponsorship and advertising activities involving sports teams, athletes, and industry events.<\/p>\n<p><strong>Registration of the Disputed Domain Names<\/strong><\/p>\n<p>The disputed domain names &lt;melbet-kirish.com&gt; and &lt;melbet-kirish.top&gt; were registered on July 27, 2024 and January 30, 2025, respectively. <span>The Complainant claims that the website associated with the disputed domain names is currently not accessible via desktop devices but can be reached on mobile devices through Google search results. When an internet user searches for on Google and clicks the corresponding result, the user is automatically redirected to the second disputed domain name<\/span> and accordingly the domain name &lt;melbet-kirish.com&gt; redirects to &lt;melbet-kirish.top&gt;. The website associated with the disputed domain names is presented in the Uzbek language and displays the MELBET mark.<\/p>",
    "other_legal_proceedings": "<p>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": "<p><strong>COMPLAINANT:<\/strong><\/p>\n<p>The Complainant requests consolidation of the UDRP complaint, arguing that both &lt;melbet-kirish.com&gt; and &lt;melbet-kirish.top&gt; are under common control. Despite differing registrant details, the Complainant points to their identical naming structure (incorporating the mark and the Uzbek term \"kirish\") and the fact that the .com domain redirects to the .top domain as evidence of a single Respondent. The Complainant asserts that consolidation is necessary for procedural efficiency and to avoid inconsistent findings.<span>The disputed domain names, &lt;melbet-kirish.com&gt; and &lt;melbet-kirish.top&gt;, wholly incorporate its registered MELBET trademark. The Complainant asserts that the addition of the generic term &ldquo;kirish&rdquo; (meaning &ldquo;entrance&rdquo; in Uzbek) does not serve to distinguish the domain names from the trademark. The Complainant maintains that such additions are insufficient to avoid a finding of confusing similarity.<\/span><\/p>\n<p>The Respondent has no rights or legitimate interests in respect of the disputed domain names. The Complainant asserts that it has not licensed, authorized, or otherwise permitted the Respondent to use the MELBET trademark, <span>and that the Respondent is neither commonly known by the disputed domain names nor using them for a bona fide offering of goods or services. <\/span>The disputed domain names resolve to a website that reproduces the MELBET mark and presents itself as an access point to the Complainant&rsquo;s betting services. The Complainant contends that the website imitates the look and feel of the Complainant&rsquo;s official platform and is intended to mislead Internet users into believing that it is operated by, or affiliated with, the Complainant. <span>The Complainant further notes that the site is specifically accessible on mobile devices through Google search results, where users are automatically redirected to the second disputed domain name.<\/span><\/p>\n<p><span>The Complainant claims the Respondent registered and is using the domain names in bad faith to intentionally target the MELBET brand. Given that the marks were registered nearly a decade after the Complainant&rsquo;s brand was established, the Complainant argues the Respondent was aware of the mark and is using the confusingly similar domains and website design to attract Internet users for commercial gain by creating a likelihood of confusion as to source or affiliation.<\/span><\/p>\n<p><span>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/span><\/p>\n<p><strong>RESPONDENT:<\/strong><\/p>\n<p>No administratively compliant Response has been filed.<\/p>\n<p><\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Claire Kowarsky (Presiding Panelist)"
    ],
    "date_of_panel_decision": "2026-01-09 00:00:00",
    "informal_english_translation": "<p><span>The Complainant relies on its registered trademark rights in the mark MELBET in various jurisdictions, covering services primarily in International Class 41 and related classes, including registrations in Uganda, Peru, Burundi, Mauritius, the European Union, the Dominican Republic, and Costa Rica. These registrations predate the registration of the disputed domain names except for the European Union trademark which was filed July 29, 2024, two days after the registration of the disputed domain name &lt;melbet-kirish.com&gt; which was created July 27, 2024 .<\/span><\/p>\n<p>In addition, the Complainant claims unregistered trademark rights in the MELBET mark, relying on the duration and extent of use of the mark, consumer recognition, online presence, and promotional activities.<\/p>\n<p><span>The Panel is satisfied that these registrations establish trademark rights in the mark MELBET for the purposes of the Policy.<\/span><\/p>\n<p><span>Further, the Complainant operates its business using the domain name &lt;melbet.com&gt;, which has been registered since September 18, 2012 and, according to the Complainant, used in connection with online betting and casino services since at least December 9, 2012.<\/span><\/p>",
    "decision_domains": {
        "melbet-kirish.com ": "TRANSFERRED",
        "melbet-kirish.top": "TRANSFERRED"
    }
}