{
    "case_number": "CAC-UDRP-101765",
    "time_of_filling": "2017-11-09 10:10:31",
    "domain_names": [
        "arla.systems "
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Arla Foods Amba "
    ],
    "complainant_representative": "BrandIT GmbH",
    "respondent": [
        "steve gay"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DOMAIN NAMES ARE IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant is a global dairy company and co-operative owned by 12,650 dairy farmers in seven countries. \r\n\r\nThe company has operations worldwide, including the UK through its subsidiary Arla Foods UK plc, where the Respondent resides. The company has over 19,000 employees worldwide.\r\n\r\nAccording to the Complainant, Arla is the UK’s number one dairy company by turnover and milk pool, and is also the country’s largest supplier of butter and spreads and cheese. \r\n\r\nThe Complainant states that its UK business has a yearly combined milk pool of circa 3.2 billion litres and a turnover in excess of £2 billion and the Complainant employs around 4,000 people in the UK through its dairies, distributions centres and head offices. \r\n\r\nThe Complainant owns a number of trademarks and domain names that include the word “ARLA”. The Complainant states that “ARLA” and “ARLA FOODS” are considered well-known trademarks by previous UDRP panels and refers to numerous UDRP decisions where It successfully challenged domain names registered by others.\r\n\r\nThe disputed domain names were registered on September 23, 2017.\r\n\r\nThe Complainant claims that the disputed domain names are confusingly similar with its “ARLA” trademarks since they both incorporate the mark and the addition of the new generic top-level domains “.systems” and “.cymru” does not add any distinctiveness to these domain names.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAMES\r\n\r\nThe Complainant states that there is no evidence that the Respondent is commonly known by the disputed domain names or that the Respondent has a history of using, or preparing to use, the disputed domain names in connection with a bona fide offering of goods and services. The disputed domain names are pointing to parking pages. \r\n\r\nThe Respondent has not by virtue of the content of the websites, nor by the use of the disputed domain names shown that they would be used in connection with a bona fide offering of goods or services, the Complainant had never authorized the Respondent to use its “ARLA” trademark in any form and there is no proof of legitimate, non-commercial use of the disputed domain names by the Respondent. \r\n\r\nThe Complainant argues that the intention of the disputed domain names is to take advantage of an association with the Complainant’s business. \r\n\r\nTHE DOMAIN NAMES WERE REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nThe Complainant contends that its trademarks predate the registration of the disputed domain names and it is inconceivable that the unique combination of “ARLA” and the applicable domain name extensions is not a deliberate and calculated attempt to improperly benefit from the Complainant’s rights. \r\n\r\nThe Complainant sent a cease and desist letter to the Respondent on October 2, 2017 and later reminders but received no response.\r\n\r\nThe Complainant argues that the inaction in relation to a domain name can also constitute a bad faith use and any attempt to actively use the disputed domain names would lead to confusion as to the source, sponsorship of the Respondent ́s website among the internet users who might believe that the website is owned or is somehow associated with the Complainant. \r\n\r\nThe concept of passive holding may apply even in the event of sporadic use, or of the mere “parking” of a domain name.\r\n\r\nThe confusingly similar nature of the disputed domain names to the Complainant's trademarks, the lack of any explanation from the Respondent as to why he registered the disputed domain names indicates bad faith registration. \r\n\r\nAccording to the Complainant, the Respondent registered the disputed domain names due to the value and reputation of the Complainant’s marks and business in the UK where the Respondent is located.\r\n\r\nTherefore, the Respondent should be considered to have registered and to be using the disputed domain names in bad faith. \r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.",
    "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": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2017-12-30 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the following trademarks:\r\n-\tARLA (word) EU registration No. 001520899, registered on February 24, 2000;\r\n-\tARLA (figurative) EU registration No. 001902592, registered on October 13, 2000;\r\n-\tARLA (figurative) EU registration No. 009012981, registered on April 8, 2010;\r\n-\tARLA FOODS (word mark), Danish registration No. VR 2000 01185, registered on March 6, 2000;\r\n-\tARLA (word mark), UK registration No. UK00002226454, registered on October 04, 2002.\r\n",
    "decision_domains": {
        "ARLA.SYSTEMS": "TRANSFERRED",
        "ARLA.CYMRU": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}