{ "case_number": "CAC-UDRP-101496", "time_of_filling": "2017-04-18 11:46:55", "domain_names": [ "arla.tech", "arla.store" ], "case_administrator": "Aneta Jelenová (Case admin)", "complainant": [ "Arla Foods Amba" ], "complainant_representative": null, "respondent": [ "Pan Jing" ], "respondent_representative": null, "factual_background": "The Respondent has chosen to register the Disputed domain names under various new gTLDs which are commercial TLDs and English terms, and therefore applicable to a broader audience than merely China. A more suitable TLD if only addressing the Chinese market would be the .cn extension. The Respondent has registered all Disputed domain names in bad faith to attract (namely) Chinese customers.\r\n\r\nMULTIPLE RESPONDENTS TO BE CONSOLIDATED\r\n\r\nThe Complainant alleges that the entities which control the Disputed domain names at issue are effectively controlled by the same person and\/or entity, which is operating under two or more aliases. Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) provides that a “complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.”\r\n\r\nAccording to the information submitted by the three Registrars on or around April 18, 2017, in response to the \"Request for Registrar Verification\" from the CAC, the Disputed domain names are held under the following aliases:\r\n\r\n1. Arla.ltd & arla.group\r\nRegistrant: xujing\r\nhaidianqu\r\nbeijing 100000\r\nChina\r\nPhone: +86.15901241243\r\nEmail: haima.nohorse@qq.com\r\n\r\n2. arla.club\r\nRegistrant: ma hai jian\r\nbei jing shi\r\nbei jing 100000\r\nChina\r\nPhone: +86.13121465986\r\nEmail: haima.nohorse@foxmail.com\r\n\r\n3. arla.tech & arla.store\r\nRegistrant: Pan Jing\r\nDa Bei Jing\r\nBei Jing 100000\r\nChina\r\nPhone: +86.13121465986\r\nEmail: haima.nohorse@foxmail.com", "other_legal_proceedings": "The Panel is not aware of any other proceedings.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "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 UDRP Policy).\r\n\r\nThe Disputed domain names:\r\n\r\nDomain name -\tCreation date\t- Website associated with DN as at 30.03.17\t- Registrar\r\nArla.tech \t- 08.03.2017 -\tPPC with related links eg “Arla Foods”\t - EJEE Group Holdings Ltd\r\nArla.club\t - 02.03.2017 -\tPPC with related links eg “Arla Foods” - \teName Technology Co., Ltd\r\nArla.store -\t08.03.2017 - PPC with related links eg “Arla Foods” - \tEJEE Group Holdings Ltd\r\nArla.ltd\t - 16.03.17 \t- Inactive Page\t - Ourdomains Limited\r\nArla.group -\t16.03.17\t - Inactive Page\t - Ourdomains Limited\r\n\r\n(hereinafter referred to as the “Disputed domain names”), all directly and entirely incorporate the Complainant’s well-known, registered trademark ARLA. The addition of the generic Top-Level Domains (gTLD) “.tech”, “.club”, “.store”, “.ltd” and “.group”, do not add any distinctiveness to the Disputed domain names. The Disputed domain names all incorporate the ARLA trademark coupled with various relevant new gTLDs. This exaggerates the impression that the Respondent is somehow affiliated with the Complainant, and the Respondent is somehow doing business using the Complainant`s trademark. See for example WIPO Overview on Selected UDRP Questions, Second Edition (\"WIPO Overview 2.0\"), paragraph 1.2., as well as the International Business Machines Corporation v. Sledge, Inc. \/ Frank Sledge WIPO Case No. D2014-0581 where the Panel stated the following “In addition, it is generally accepted that the addition of the top-level suffix in the domain name (e.g., “.com”) is to be disregarded under the confusing similarity test”. This reasoning should apply here and the Disputed domain name should be considered as identical to the registered trademark ARLA.", "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 names (within the meaning of paragraph 4(a)(ii)of UDRP Policy).\r\n\r\nThe Complainant has not found that the Respondent is commonly known by the Disputed domain names. The WHOIS information with the names “ma hai jian”, “pan jing” and “xujing” is the only evidence in the WHOIS record, which relates the Respondent to the Disputed domain names. \r\n\r\nThe Respondent has not by virtue of the content of the website, nor by its use of the Disputed domain names shown that they will be used in connection with a bona fide offering of goods or services.", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii)of UDRP Policy).\r\n\r\nIt has to be highlighted that the Complainant’s trademarks predate the registration of the Disputed domain names and the Respondent has never been authorized by the Complainant to register the Disputed domain names. It is inconceivable that the unique combination of “arla” and five different gTLDs in the Disputed domain names is not a deliberate and calculated attempt to improperly benefit from the Complainant’s rights.", "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.", "decision": "Accepted", "panelists": [ "Dr. Vít Horáček" ], "date_of_panel_decision": "2017-05-26 00:00:00", "informal_english_translation": "Arla is a global dairy company and co-operative owned by 12,650 dairy farmers in seven countries. As Complainant is owned by the same farmers who produce the milk, one can be assured that Arla dairy products are based on cows’ milk of a very high quality. The company has operations worldwide, including throughout the Asia Pacific region and specifically in China, where it has an office in Beijing (see www.arla.com). It targets its Chinese customers through the domain www.arla.com.cn, a Chinese language site. The company has over 19,000 employees worldwide and reached global revenue of EUR 10.3 billion in 2015. More information about the Complainant is available in the company’s 2015 Annual Report online at annualreport2015.arla.com.\r\n\r\nThe Complainant is the owner of the registered trademark ARLA as a word mark and device in numerous of countries all over the world including in China where the Respondent resides as well as the word mark ARLA FOODS. See as an example the International Trademark Registration Number IR 0731917 (registered in 2000), and the Danish local trademark registration VR2000 01185 (registered in 2000), These trademark registrations predate the registration of the Disputed domain name.\r\n\r\nDue to extensive use, advertising and revenue associated with its trademarks worldwide, the Complainant enjoys a high degree of renown around the world, including in China where the Respondent is located. The Complainant has previously successfully challenged several ARLA domain names through UDRP processes e.g. WIPO Case no: D2016-1205 Arla Foods Amba v Frederik enghall concerning the domain ; WIPO Case no: DMX2016-0012 Arla Foods Amba v Zhao Ke concerning the domain name ; WIPO Case no: DAU2016-0001 Arla Foods Amba v. Graytech Hosting Pty Ltd. ABN 49106229476, Elizabeth Rose concerning the domain name ; WIPO Case no: DME2015-0010 Arla Foods amba v. Ye Li concerning the domain name ; and Case no. 101058 Arla Foods amba v. VistaPrint Technologies Ltd concerning the domain name .\r\n\r\nThe Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “Arla” and “Arla Foods”, see for example, (created on 2002-12-16) (created on 1999-10-01), (created on 1996-07-15), (created on 1999-10-01) and (created on 2000-02-21). The Complainant is using the domain names to connect to a website through which it informs potential customers about its trademarks and its products and services.", "decision_domains": { "ARLA.TECH": "TRANSFERRED", "ARLA.CLUB": "TRANSFERRED", "ARLA.LTD": "TRANSFERRED", "ARLA.STORE": "TRANSFERRED", "ARLA.GROUP": "TRANSFERRED" } }