{
    "case_number": "CAC-UDRP-108190",
    "time_of_filling": "2025-12-01 14:04:17",
    "domain_names": [
        "melbet-sportsbook.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Batnesto Ltd"
    ],
    "complainant_representative": "Karel Sindelka (Sindelka & Lachmannová advokáti s.r.o.)",
    "respondent": [
        "Andrey Skalev"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a company registered in Cyprus and is the owner of the domain name &lt;melbet.com&gt;, which is being used in connection with an online gaming and casino platform currently operated by Pelican Entertainment B.V. under a Domain Name Lease Agreement with the Complainant.&nbsp; Pelican Entertainment B.V. owns a license to operate the online gaming and casino platform at &ldquo;www.melbet.com&rdquo; from the Cura&ccedil;ao eGaming License.<\/p>\n<p>The Complainant has actively sponsored a variety of sporting events worldwide, partnering in 2020 with prominent soccer clubs, including Juventus FC and sponsoring the Kyetume FC football team from Uganda in 2021.<\/p>\n<p>The Complainant regularly participates in major industry conferences, such as SiGMA and the SBC Awards, enhancing its visibility, attracting industry attention and including amongst its ambassadors and sponsored teams the Turkish football player Didier Drogba, the Indian cricket team \"Trinbago Knight Riders\" and the global cricketer ambassador Faf Du Plessis.<\/p>\n<p>In 2020, the Complainant received four nominations at the SBC Awards, including Best Mobile App, Best Affiliate Program, and Rising Star in the sports betting and casino categories.<\/p>\n<p>The Complainant&rsquo;s domain name &lt;melbet.com&gt; was registered on September 18, 2012. Based on the historical screenshots submitted by the Complainant, it has been used since at least December 2012 to promote the Complainant&rsquo;s online gambling services under the trademark MELBET.<\/p>\n<p>The disputed domain name &lt;melbet-sportsbook.com&gt; was registered on September 13, 2021, and currently resolves to an error page. According to the evidence submitted by the Complainant &ndash; which has not been contested by the Respondent -, prior to the present proceeding the disputed domain name pointed to a website prominently displaying the MELBET figurative mark, replicating the distinctive color scheme used on the Complainant&rsquo;s official platform, offering identical services to those offered by the Complainant and redirecting upon registration, to a third-party gambling website.<\/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>COMPLAINANT<\/p>\n<p>The Complainant contends that the disputed domain name is confusingly similar to the Complainant&rsquo;s trademark MELBET, as it includes the trademark in its entirety with the mere addition of a hyphen and the word &ldquo;sportsbook&rdquo;, followed by the generic Top Level Domain (&ldquo;gTLD&rdquo;) &ldquo;.com&rdquo;, which are not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant's trademark.<\/p>\n<p>The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name because: i) the disputed domain name was registered nearly a decade after the MELBET mark was first used in 2012 and the MELBET mark was continuously used in commerce since 2012; ii) the Respondent has never been authorized, licensed by Complainant to use the MELBET mark in any manner; and iii) the Respondent is not commonly known by the disputed domain name and has no relevant trademark or trade name rights in MELBET or in a name corresponding to the disputed domain name.<\/p>\n<p>The Complainant also submits that the disputed domain name has not been used for a <em>bona fide<\/em> offering of goods or services or for a legitimate non-commercial use since the disputed domain name, which currently points to an error page, prior to the present proceeding redirected to a website which prominently displayed the MELBET figurative mark and replicated the distinctive color scheme used on the Complainant&rsquo;s official platform, failing to disclose the identity of its operator or to provide any clarification regarding its relationship (or lack thereof) with the Complainant, thereby reinforcing the misleading overall impression of affiliation with the Complainant. The Complainant also points out that, upon clicking on a yellow button labeled &ldquo;Go to the official website&rdquo; or &ldquo;Registration&rdquo;, users were redirected to a third-party betting website. &nbsp;<\/p>\n<p>The Complainant further submits that the structure of the disputed domain name, fully incorporating the MELBET trademark, reflects the Respondent&rsquo;s intention to create an association, and a subsequent likelihood of confusion, with the Complainant in Internet users&rsquo; minds.<\/p>\n<p>The Complainant contends that the Respondent registered the disputed domain name in bad faith since: i) the Respondent registered the disputed domain name many years after the MELBET brand was introduced in 2012 and after the filing and registration of the trademark MELBET in Uganda; ii) the MELBET trademark was already widely known prior to the registration of the disputed domain name; and iii) the structure of the disputed domain name reflects the Respondent&rsquo;s intent to target the Complainant&rsquo;s trademark.<\/p>\n<p>The Complainant further submits that the Respondent used the disputed domain name in bad faith since the disputed domain name resolved prior to this proceeding to a website that prominently displayed the Complainant&rsquo;s mark and closely mimicked the Complainant&rsquo;s official website &ldquo;www.melbet.com&rdquo;, including the distinctive white-and-yellow-on-black color scheme and a link redirecting users to an unrelated competing betting operator. The Complainant concludes that such use of the disputed domain name demonstrates that the Respondent intentionally attempted to attract Internet users seeking the Complainant for commercial gain and submits that such conduct constitutes bad faith under paragraph 4(b)(iv) of the Policy.<\/p>\n<p>As an additional circumstance evidencing the Respondent&rsquo;s bad faith, the Complainant submits that the Respondent was involved in a prior UDRP proceeding (CAC UDRP Case No. 106879), where it was found to have registered and used the domain name in dispute in that case in bad faith.<\/p>\n<p>RESPONDENT<\/p>\n<p>No administratively compliant Response has been filed.<\/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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2026-01-20 00:00:00",
    "informal_english_translation": "<p>The Complainant has demonstrated ownership of rights in the trademark MELBET for the purpose of standing to file a UDRP complaint.<\/p>\n<p>The Complainant is the owner, amongst others, of the following trademark registrations:<\/p>\n<p>- Uganda trademark registration No. 2020\/067008 for MELBET (figurative mark), filed on January 8, 2020, and registered on July 22, 2020, in class 41;<\/p>\n<p>- Burundi trademark registration No. 10242\/BI for MELBET (figurative mark), filed on November 9, 2022, and registered on November 15, 2022, in classes 35, 41 and 42;<\/p>\n<p>- Mauritius trademark registration No. 34042\/2023 for MELBET (figurative mark), filed and registered on November 09, 2022, in classes 35, 41 and 42;<\/p>\n<p>- European Union trademark registration No. 019060714 for &ldquo;MELBET&rdquo; (word mark), filed on July 29, 2024, and registered on November 09, 2024, in classes 09, 16, 21, 25, 28 and 30;<\/p>\n<p>- Dominican Republic trademark registration No. 314390 for MELBET (figurative mark), filed on June 27, 2024, and registered on September 18, 2024, in classes 35, 41 and 42;<\/p>\n<p>- Costa Rica trademark registration No. 325206 for MELBET (figurative mark), filed on March 18, 2024 and registered on July 10, 2024, in classes 35, 41 and 42.<\/p>",
    "decision_domains": {
        "melbet-sportsbook.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}