{
    "case_number": "CAC-UDRP-101709",
    "time_of_filling": "2017-10-04 11:37:37",
    "domain_names": [
        "arla-group.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Arla Foods Amba"
    ],
    "complainant_representative": "BrandIT GmbH",
    "respondent": [
        "DomCollect International GmbH "
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant affirms to be a co-operative owned by approx. 12.650 dairy farmers in seven countries; that the Arla Foods Group is one of Europe’s largest dairy companies. The Complainant has registered the trademarks ARLA and ARLA FOODS in a very large number of countries in connection with “foodstuffs”. \r\n\r\nIn addition the Complainant has shown to be the holder of several domain names incorporating \"arla\" and “arlafoods” including in particular <arla.com>, <arlafoods.org>, <arlafoods.com>, and <arla-foods.com>.\r\n\r\nFinally, the Complainant’s company name is Arla Foods amba.\r\n\r\nThe Domain Name is pointing to a pay-per-click (“PPC”) website where inter alia, links to the Complainant as well as to the Complainant’s competitors are displayed.\r\n\r\n The disputed domain name was registered on June 21, 2017.\r\n\r\nComplainant’s trademark registrations long predate Respondent’s registration of the disputed domain name.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n The Complainant claims that the disputed domain name is confusingly similar to the Complainant’s “ARLA” and “ARLA FOODS” registered trademarks; that the Respondent has no rights or legitimate interests whatsoever with respect to the disputed domain name; and that the Respondent registered and is using the disputed domain name in bad faith.\r\n\r\nSpecifically the Complainant claims that:\r\n\r\n1. Identity or Confusing Similarity\r\n\r\n The disputed domain name incorporates the ARLA trademark coupled with the word “group”.\r\n\r\nThe addition of the generic term “group” gives the impression that Respondent is somehow affiliated with Complainant, and thus it adds confusion rather than avoids it.\r\n\r\n2. Rights or Legitimate Interests\r\n\r\n The Complainant has not licensed or otherwise permitted the Respondent to use any of its trademarks or to apply for any domain name incorporating any of those marks. The Respondent has not replied to the cease and desist letter sent by the Complainant to cite any circumstance that could demonstrate its rights on or legitimate interests in the disputed domain name. The Respondent has no rights on or legitimate interests in the disputed domain name.\r\n\r\n3. Registration and Use in Bad Faith\r\n\r\n It is highly unlikely that the Respondent was not aware of the rights of the Complainant in the trademarks or of the value of said trademarks at the time of the registrations. The Respondent bears no relationship to the trademarks and the disputed domain name has no other meaning except to refer to the Complainant's name and trademarks. There is no way in which the disputed domain name could be used legitimately by the Respondent. Further, the disputed domain name redirects to a pay-per-click website using advertisements with the Complainant’s trademark and with those of its competitors which do not represent a bona fide offering of goods or services or a legitimate non-commercial or fair use in accordance with to the longstanding judicial practice of the WIPO. Inference of bad faith registration and use of the disputed domain name is also given by the fact that the Respondent has not replied to the Complainant’s cease and desist letter. It is reasonable to assume that if the Respondent did have legitimate purposes in registering and using the disputed domain name it would have responded. Finally, the website has pay-per-click advertisements that are not only related to the Complainant´s products but also to those of the Complainant´s competitors. Consequently, the Respondent should be considered to have registered and to be using the disputed domain name in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO 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 the Policy).",
    "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).",
    "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).",
    "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.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2017-11-06 00:00:00",
    "informal_english_translation": "The Complainant, Arla Foods amba, has proved to be the owner of the following registered trademarks:\r\n\r\nDanish trademark registration VR  2000 01185 ARLA FOODS, registered on March 6, 2000 in classes 1, 5, 29, 30, 31 and 32;\r\n\r\nEUTM registration 001520899 ARLA (word mark), registered on May 7, 2001 in classes 1, 5, 29, 30, 31, 32;\r\n\r\nEUTM registration 001902592 ARLA (figurative), registered on March 22, 2002 in classes 1, 5, 29, 30, 32;\r\n\r\nEUTM registration 009012981 ARLA (figurative colour), registered on September 27, 2010 in classes 1, 5, 29, 30, 31, 32.\r\n.\r\n",
    "decision_domains": {
        "ARLA-GROUP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}