{ "case_number": "CAC-UDRP-103790", "time_of_filling": "2021-05-06 11:15:07", "domain_names": [ "arllafood.com", "arlaffoods.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Arla Foods Amba " ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "paul wayne, john trading" ], "respondent_representative": null, "factual_background": "The Complainant is a dairy company based in Denmark and constituted in 2000, when the Danish dairy cooperative MD Foods merged with its Swedish counterpart Arla ekonomisk Förening. According to the Consolidated Annual Report 2020 submitted by the Complainant, Arla Foods Amba employs 119.190 people across 105 countries and reached a global revenue of EUR 10.6 billion in 2020.\r\n\r\nNo information is known about the Respondent who acquired the disputed domain names and on 10 November, 2020 and 10 August, 2020, respectively.\r\n\r\nThe disputed domain names do not appear to be ever used in connection with any goods or services and directs to error page.", "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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain names \/ and the Complainant's registered trademarks are confusingly similar. \r\n\r\nParticularly, the Complainant contends that the disputed domain names incorporate a misspelled form of the Complainant’s trademarks ARLA and ARLA FOOD.\r\n\r\nMoreover, according to the Complainant, the use of a letter “L” in the first world element “ARLLA” and “F” in the second world element “FOOD” is indicative of the Respondent’s intention of “typosquatting” as long as it is usual for Internet users to capitalize on errors (in typing or reading) when searching for, or trying to communicate with, the Complainant on Internet.\r\n\r\nIn view of the Complainant, the addition of a descriptive term – such as “food” – does not prevent a finding of confusing similarity to a trademark.\r\n\r\nThe Complainant also points out that the applicable Top-Level suffix “-com” does not per se prevent the likelihood of confusion.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain names or a name corresponding to the disputed domain names, nor that the Respondent has ever offered any goods or services under any of the disputed domain names, nor has making any businesses with the Complainant. Moreover, the Complainant states that the Respondent has not been licensed or authorized in other way to use the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that its business name and trademarks ARLA are widely known trademarks, thus the Respondents would have inevitably learnt about the Complainant, its trademark and business at the time of the disputed domain names’ registration.\r\n\r\nThe disputed domain names and were registered under a privacy shield by hiding the registrant’s identity and contact details, which is, according to the Complainant indicative of the Respondent’s only intention to create confusion among Internet users. \r\n\r\nThe Complainant considers therefore that the Respondent choose to acquire and use the disputed domain names to create intentionally a confusion with the Complainant which is a prima facie case of bad faith use.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not respond to the Complaint.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to trademarks 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 names (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 names have been registered and 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": [ "JUDr. Hana Císlerová, LL.M." ], "date_of_panel_decision": "2021-06-22 00:00:00", "informal_english_translation": "The Complainant is the registered owner of several trademarks for the name ARLA, among which the following:\r\n\r\nARLA International registration No. 731917 of 20 March, 2000 designating several non-EU states as well as the EU; \r\nARLA International word and design registration No. 990596 of 8 September, 2008 designating US designating several non-EU states as well as the EU;\r\nARLA EUTM registration No. 018031231, claiming a priority date of 5 March 2019 and registered on 6 September 2019; \r\nARLA FOODS, Denmark registration, No. VR 2000 01185, claiming a priority date of 1 October 1999, registered on 6 March, 2000.\r\n", "decision_domains": { "ARLLAFOOD.COM": "TRANSFERRED", "ARLAFFOODS.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }