{
    "case_number": "CAC-UDRP-103779",
    "time_of_filling": "2021-05-05 11:18:37",
    "domain_names": [
        "qrlafood.com "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Arla Foods Amba "
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "RegC, Adoum Hamid Ibrahim "
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a Danish multinational cooperative based in Denmark and one of the largest dairy companies in the world. The Complainant's products are easily recognized by consumers all over the world. It enjoys a strong online presence via its official websites and social media. Due to extensive use, advertising, and revenue associated with its trademarks worldwide, Complainant enjoys a high degree of renown around the world.\r\n\r\nThe Complainant uses the ARLA trademarks and the ARLA domain names in connection to its activities worldwide.\r\n\r\nThe Respondent registered the domain name <qrlafood.com> on 27 January 2021 (\"the disputed domain name\"). The disputed domain name is currently not being used for an active website but directs to a parking page containing pay-per-click links.\r\n\r\nThe Complainant sent a cease-and-desist letter to the Respondent asking to cease the use of the disputed domain name. As the Respondent is operating under a privacy shield, the letter was sent to the e-mail address <dataprivacyprotected@1und1.de> as provided in the WHOIS records, as well as to the e-mail address of the registrar <abuse@ionos.com>. The Complainant notes that the disputed domain name’s status remained active and was not suspended according to its status up until now. \r\n\r\nThe Complainant has not received a response from the Respondent. \r\n\r\nThe Complainant requests that the language of the proceedings is English.",
    "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",
    "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.\r\n\r\nThe language of the Registration Agreement for the disputed domain name is French. From the evidence on record, no agreement appears to have been entered into between the Complainant and the Respondent regarding the language issue. The Complainant filed its Complaint in English and then requested that English be the language of the proceeding.\r\n\r\nThe Panel notes that:\r\n(a) the CAC has notified the Respondent both in English and French; \r\n(b) the Complainant requested for a change of the language from French to English; \r\n(c) thus, the Respondent has been given the opportunity to present its case in this proceeding and to respond formally to the issue of the language of the proceeding;\r\n(d) however, the Respondent has not responded to nor contested the Complainant’s request for a change of the language from French to English. \r\n\r\nConsidering the above circumstances, the Panel finds that the choice of English as the language of the present proceeding is fair to both parties and is not prejudicial to either one of the parties in his or her ability to articulate the arguments for this case.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Tom  Joris Heremans"
    ],
    "date_of_panel_decision": "2021-06-30 00:00:00",
    "informal_english_translation": "The Complainant is the owner of numerous \"ARLA\" trademarks, among which:\r\n\r\n- the International Trademark \"ARLA\" n° 731917;\r\n\r\n- the International Trademark \"ARLA\" n° 990596;\r\n\r\n- the EU Trademark \"ARLA\" n° 018031231;\r\n\r\n- the Danish Trademark \"ARLA FOODS\" n° VR 2000 01185;\r\n\r\n(\"the ARLA trademarks\").\r\n\r\nThe Complainant also uses multiple domain names consisting of the wording “ARLA”, such as <arla.com>, <arla.eu>, <arlafoods.com>, <arlafoods.co.uk> and <arlafoods.ca>, which are connected to the official website of the Complainant (\"the ARLA domain names\").",
    "decision_domains": {
        "QRLAFOOD.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}