{ "case_number": "CAC-UDRP-104082", "time_of_filling": "2021-10-19 09:28:31", "domain_names": [ "rlafoods.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Arla Foods Amba " ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "zhen wang" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is the fifth-largest dairy company in the world and a cooperative owned by more than 12,500 dairy farmers. It was constituted in 2000, when the largest Danish dairy cooperative MD Foods merged with its Swedish counterpart Arla ekonomisk Förening. The Complainant employs 19,172 people across 105 countries and reached a global revenue of EUR 10.6 billion for the year 2020. The Complainant has a strong and established presence globally including in Asia- Pacific. The Complainant has offices in China, Bangladesh, Japan, Indonesia, Hong-Kong, Korea, Malaysia, Philippines, Taiwan and others. The Complainant’s products are easily recognized by consumers all over the world due to the significant investments of the company in promoting its products and brands and offering high quality products. It sells its milk-based products under its famous brands ARLA®, LURPAK®, CASTELLO®, APETINA® and others. The Complainant also enjoys a strong online presence via its official website and social medias. Due to extensive use, advertising and revenue associated with its trademarks worldwide, the Complainant enjoys a high degree of notoriety of its marks around the world. \r\nThe Complainant is the owner, among others, of the trademarks mentioned above. \r\nThe disputed domain name was registered on July 16, 2021. The disputed domain name resolves to an active page displaying adult\/pornographic content as well as links to gambling web-sites.\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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\ni)The Complainant contends that it has rights in the mark ARLA (international trademark registration number 731917, registered on March 20, 2000; EUIPO trademark registration number 18031231, registered on September 6, 2019) and in the mark ARLA FOODS (Denmark trademark registration number VR 2000 01185, registered on March 6, 2000) among others. The Complainant further contends that the disputed domain name is confusingly similar to the Complainant’s trademarks “ARLA” and “ARLA FOODS” because the disputed domain name incorporates, in its second-level portion, a misspelled form of the Complainant’s trademarks ARLA and ARLA FOODS.\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. There is no evidence that the Respondent is commonly known by the disputed domain name or owns any corresponding registered trademark including the terms “rlafoods.com”. There is no evidence that the Respondent engages in, or has engaged in any activity or work, i.e., legitimate or fair use of the disputed domain name, that demonstrates a legitimate interest in the disputed domain name.” \r\niii) The Respondent knew the Complainant’s trademark at the time it registered the disputed domain name, and thus it registered it in bad faith as shown by various exhibits. The disputed domain name is used in bad faith. The Respondent is exploiting the Complainant’s rights in the marks ‘ARLA’ and ‘ARLA FOODS’ to attract Internet users to its websites so as to access the “adult content”. This will inevitably damage the Complainant’s goodwill in its marks.\r\n\r\nRESPONDENT:\r\nThe Respondent did not submit a Response.", "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": "Preliminary Issue: Language of the Proceedings\r\n\r\nThe Panel notes that the Registration Agreement is written in Japanese, thereby making the language of the proceedings in Japanese. The Complainant has requested that the proceeding should be conducted in English. The Panel has the discretion under UDRP Rule 11(a) to determine the appropriate language of the proceedings taking into consideration the particular circumstances of the administrative proceeding. See Section 4.5, WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition; see also Lovehoney Group Limited v yan zhang, CAC 103917 (CAC August 17, 2021) (finding it appropriate to conduct the proceeding in English under Rule 11, despite Japanese being designated as the required language in the registration agreement). The Complainant contends that:\r\ni) The disputed domain name incorporates, in its first level portion, the Complainant’s ARLA trademark – misspelled by omitting the first letter “a” – with the addition of the term “foods” which is not only the part of the trade name of the Complainant but also their registered trademark ARLA FOODS. The term “foods” is very commonly used noun in daily English language, therefore the Respondent aimed on targeting English speaking visitors;\r\nii) The Complainant is a global company, originally founded in Denmark, having its website at “arla.com” (among other websites) displayed in English language, and it appears that the Respondent is located in China. The English language, being commonly used internationally, would be considered as neutral for both parties in the present case. It would therefore be fair to the parties that the language of the present proceeding be English; and\r\niii) Moreover, should the language of the proceedings be different from English, a translation of the Complaint in such a language would entail significant additional costs for the Complainant and delay the proceedings.\r\nPursuant to UDRP Rule 11(a), the Panel finds that persuasive argument has been adduced by the Complainant. After considering the circumstance of the present case, in the absence of Response and no objection to the Complainant's request for the language of proceeding, the Panel decides that the proceeding should be in English.\r\n\r\nThe Panel is satisfied that all other procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Mr. Ho-Hyun Nahm, Esq." ], "date_of_panel_decision": "2021-11-20 00:00:00", "informal_english_translation": "The Complainant is the owner, among others, of the following trademark registrations for ARLA:\r\n- International trademark registration number 731917 for ARLA, registered on March 20, 2000;\r\n- International trademark registration number 990596 for ARLA, registered on September 8, 2008;\r\n- International trademark registration number 1172732 for ARLA NATURA, registered May 3, 2013; 2000;\r\n- EUIPO trademark registration number 18031231 for ARLA, registered on September 6, 2019; and\r\n- Denmark trademark registration number VR 2000 01185 for ARLA FOODS, registered on March 6, 2000.\r\n\r\nThe Complainant also owns domain names containing the trademark ARLA, among them: (registered on July 15, 1996), (registered on June 1, 2006), , (registered on October 1, 1999) and (registered on November 29, 2000).", "decision_domains": { "RLAFOODS.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }