{
    "case_number": "CAC-UDRP-104064",
    "time_of_filling": "2021-10-08 09:41:46",
    "domain_names": [
        "za-lactalis.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Groupe Lactalis"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "kathy morris"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant is a multinational company incorporated in France and engaged in the food sector, and a world leader in the production of dairy products in the world. \r\n\r\nThe Complainant owns several trademarks in the term LACTALIS and of the domain name <lactalis.com>. \r\n\r\nOn April 6, 2021 the Respondent registered the disputed domain name <za-lactalis.com>.\r\n\r\nThe Complainant states that the disputed domain name <za-lactalis.com> is confusingly similar to its trademarks. The addition of the term \"za\" is not sufficient to escape a finding of confusing similarity. \r\n\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant asserts that the Respondent is not identified in the WHOIS database and is therefore not known by the disputed domain name.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way.\r\n\r\nLastly, the Complainant did not find any fair or non-commercial uses of the domain name at stake.\r\n\r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainant’s trademark “LACTALIS\" is distinctive and well known all around the world. The fact that the Respondent registered a domain name reproducing the Complainant's trademark is evidence that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name. \r\n\r\nIn addition, the disputed domain name is not used for any bona fide offerings. More particularly, the disputed domain name resolves to a page indicating that the corresponding website was suspended.    ",
    "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.",
    "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": [
        "Arthur Fouré"
    ],
    "date_of_panel_decision": "2021-11-11 00:00:00",
    "informal_english_translation": "The Complainant has provided evidence of ownership of the following trademarks:\r\n\r\n- International trademark registration LACTALIS® n° 900154 registered on 27 July 2006;\r\n\r\n- European trademark registration LACTALIS® n° 1529833 registered on 28 February 2000;\r\n\r\n- European trademark registration LACTALIS® n° 11203262 registered on 29 September 2012.  \r\n",
    "decision_domains": {
        "ZA-LACTALIS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}