{ "case_number": "CAC-UDRP-101764", "time_of_filling": "2017-11-08 09:05:19", "domain_names": [ "arlafarmer.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Arla Foods Amba " ], "complainant_representative": "BrandIT GmbH", "respondent": [ "I S \/ ICS INC" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant 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 in USA through their subsidiaries; e.g. Arla Foods Inc., USA where the Respondent resides. The company has over 19,000 employees worldwide and reached global revenue of EUR 10.3 billion in 2015. Arla is operating in the USA under the domain name .\r\n\r\nComplainant is the owner of the registered trademark ARLA as a word mark and device as well as ARLA FOODS in numerous of countries all over the world. \r\n\r\n•\tARLA, Reg. No. 3325019, registered October 30, 2007\r\n•\tARLA (word mark), EUTM Registration number 001520899, registered February 24, 2000\r\n•\tARLA (figurative), EUTM Registration number 001902592, registered October 13, 2000\r\n•\tARLA (figurative colour), EUTM Registration number 009012981, registered April 8, 2010\r\n•\tARLA FOODS (word mark), Danish national registration number VR 2000 01185, registered March 6, 2000\r\n\r\nComplainant has also registered a number of domain names under generic Top-Level Domains and country-code Top-Level Domains (\"ccTLD\") containing the term “Arla” and “Arla Foods” see for example, (created on July 15, 1996) (created on October 1, 1999), (created on November 9, 2005). 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.\r\n\r\nThe Disputed domain name was registered by Respondent on September 25, 2017.\r\n\r\nThe Complainant states that the Disputed domain name is confusingly similar to the Complainant’s Trademarks \"ARLA\" and \"ARLA FOODS\" and domain names associated.\r\n\r\nThe Disputed domain name was registered on September 25, 2017 and it entirely incorporates Complainant’s registered trademark ARLA. The Complainant states that the addition of the generic Top-Level Domains (gTLD) “.com” does not add any distinctiveness to the Disputed domain name. The Disputed domain name incorporates the ARLA trademark coupled with the word “FARMER”, a term in the view of Complainant closely connected to the Complainant’s business, which exaggerates the impression that Respondent is somehow affiliated with Complainant, and Respondent is somehow doing business using Complainant`s trademark. \r\n\r\nComplainant therefore is of the opion that the Disputed domain name should be considered as confusingly similar to the registered trademark ARLA. \r\n\r\nComplainant states that the Respondent has no rights or legitimate interest in respect of the Disputed domain name and is not commonly known by the Disputed domain name or has shown that the Disputed domain name will be used in connection with a bona fide offering of goods or services. \r\n\r\nThe Complainant asserts that the Disputed domain name is pointing to a pay-per-click (“PPC”) website where Internet visitors find related links to Complainant’s products and trademarks. \r\n\r\nThe Complainant points out, that it’s trademarks predate the registration of the Disputed domain name and that the Respondent has never been authorized by Complainant to register the Disputed domain name.\r\n\r\nThe Complainant tried to contact Respondent on October 2, 2017 through a cease and desist letter. The letter was sent to the e-mail address listed in the whois record associated with the Disputed domain name. In the cease and desist letter, Complainant advised Respondent that the unauthorized use of its trademarks within the Disputed domain name violated their trademark rights and Complainant requested a voluntary transfer of the Disputed domain name. A reminder was sent on October 16, 2017 and on October 23, 2017. However, no reply was received. \r\n\r\nAfter sending the cease and desist letter, the Registrant´s details were updated to a Private Registry Service. This is in the view of Complainant a first indication of bad faith by hiding Respondent´s real identity after receiving the cease and desist letter.\r\n\r\nFinally, Complainant points out the fact that the Disputed domain name might be for sale at Afternic.com, which is another indication of bad faith in terms of paragraph 4(b)(i) of the Policy since the Disputed domain name was mainly registered for the purpose of selling or otherwise transferring the Disputed domain name to the Complainant or to Complainant´s competitors for valuable consideration in excess of any documented out-of-pocket costs directly related to the Disputed domain name. \r\n\r\n", "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. ", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n", "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": [ "Jan Christian Schnedler, LL.M." ], "date_of_panel_decision": "2017-12-18 00:00:00", "informal_english_translation": "According to the evidence provided, the Complainant owns a portfolio of trademarks including the wording “ARLA” and \"ARLA FOODS\" in several countries, e.g. as follows:\r\n\r\nTM: ARLA (word mark)\r\nReg. No. 001520899\r\nClass: 1, 5, 29, 30, 31, 32\r\nDate of registration: February 24, 2000\r\nType of registration: EUTM\r\n\r\n\r\nTM: ARLA (figurative)\r\nReg. No. 001902592\r\nClass: 1, 5, 29, 30, 32\r\nDate of registration: October 13, 2000\r\nType of registration: EUTM\r\n\r\nTM: ARLA (figurative colour)\r\nReg. No. 009012981\r\nClass: 1, 5, 29, 30, 31, 32\r\nDate of registration: April 8, 2010\r\nType of registration: EUTM\r\n\r\nTM: ARLA FOODS (word mark)\r\nReg. No. VR 2000 01185\r\nClass: 1, 5, 29, 30, 31, 32\r\nDate of registration: March 6, 2000\r\nType of registration: Danish National\r\n\r\nTM: ARLA FOODS (word mark)\r\nReg. No. VR 2000 01185\r\nClass: 1, 5, 29, 30, 31, 32\r\nDate of registration: March 6, 2000\r\nType of registration: Danish National\r\n\r\nTM: ARLA \r\nReg. No. 3325019\r\nClass: 1 & 29\r\nDate of registration: October 30, 2007\r\nType of registration: USA National\r\n\r\nTM: ARLA \r\nInternational Reg. No. 731917\r\nClass: 1, 5, 29, 30, 31 & 32\r\nDate of registration: March 20, 2000\r\nType of registration: IR.\r\n\r\nComplainant has also registered a number of domain names under generic Top-Level Domains and country-code Top-Level Domains containing the term “Arla” and “Arla Foods” for example, (created on July 15, 1996) (created on October 1, 1999), (created on November 9, 2005). \r\n", "decision_domains": { "ARLAFARMER.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }