{
    "case_number": "CAC-UDRP-104416",
    "time_of_filling": "2022-03-15 09:13:09",
    "domain_names": [
        "aarlafoods.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Arla Foods Amba "
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        " Dangla Dangla, Duncan Mighty Ltd  "
    ],
    "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, and now employs 119,190 people across 105 countries and reached a global revenue of EUR 10,6 billion for the year 2020.\r\n\r\nThe Complainant owns the domain names <arla.com>, registered on July 15, 1996, <arla.eu>, registered on June 1, 2006, <arlafoods.com> and <arlafoods.co.uk>, registered on October 1, 1999. The Complainant uses these domain names for its official websites.\r\n\r\nThe Respondent registered the disputed domain name on 22 December 2021. It is inactive. \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\n\r\nThe Complainant submits that the disputed domain name is confusingly similar to the Complainant’s ARLA and ARLA FOODS trademarks, as it reproduces them in a misspelled form in which they remain easily recognizable.\r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant submits that the disputed domain name was registered many years after the first registrations of the Complainant’s ARLA and ARLA FOODS trademarks, that the Complainant has never authorized the Respondent to use these trademarks and the Parties are not affiliated to each other, and that the Respondent is not commonly known by the disputed domain name and is not making any bona fide offering of goods or services through it. At the time the Complainant sent a cease-and-desist letter to Respondent on 23 February 2022, the disputed domain name resolved to a parked page of the Registrar with the message “WHOIS verification pending”.\r\n\r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. It maintains that the ARLA and ARLA FOODS trademarks are well known, and the fact that the Respondent has registered the disputed domain name which is a misspelled version of them indicates that it had knowledge of the Complainant’s trademarks at the time of registration of the disputed domain name and its intent was to mimic them. \r\n\r\nThe Complainant notes that the disputed domain name is inactive, and maintains that its non-use would not prevent a finding of bad faith under the doctrine of passive holding. The Complainant states that there is no legitimate use that could be made of the disputed domain name, and the Respondent never responded to the Complainant’s cease-and-desist letter and to the reminder for it.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response in this proceeding.",
    "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": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2022-04-20 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the signs “ARLA” and “ARLA FOODS” (the “ARLA and ARLA FOODS trademarks”):\r\n\r\n- the Danish trademark ARLA FOODS with registration No. VR 2000 01185, registered on 6 March 2000 for goods in International Classes 1, 5, 29, 30, 31 and 32;\r\n\r\n- the International trademark ARLA with registration No. 731917, registered on 20 March 2000 for goods in International Classes 1, 5, 29, 30, 31 and 32; \r\n\r\n- the United Kingdom trademark ARLA with registration No.UK00002413775, registered on 4 August 2006 for services in International Class 39; and\r\n\r\n- the European Union trademark ARLA with registration No.018031231, registered on 6 September 2019 for goods and services in International Classes 1, 5, 9, 16, 29, 30, 32, 35, 39, 41, 42, 43, 44 and 45.\r\n",
    "decision_domains": {
        "AARLAFOODS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}