{ "case_number": "CAC-UDRP-105568", "time_of_filling": "2023-06-27 09:59:29", "domain_names": [ "lactaliscnf.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Groupe Lactalis" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Kumar Vikas (Tigmoo Dot Com Limited)" ], "respondent_representative": null, "factual_background": "

The Complainant was founded in 1933. It is a French multi-national company, engaged in the food industry, particularly the dairy sector, and has traded under the name Lactalis since 1999. The Complainant is the largest dairy products group in the world, with over 85500 employees, 270 production sites, and presence in 51 countries.<\/span><\/p>\n

The Complainant is the owner of the domain names <lactalis.com>, registered on 9 January 1999, and <lactalis.net>, registered on 28 December 2011. <\/span><\/p>\n

The disputed domain name <lactaliscnf.com> was registered on 6 June 2023. It currently resolves to an online shop that markets dairy or milk-based food products, and other products.<\/span><\/p>", "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.<\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

The Complainant submits that the disputed domain name is confusingly similar to its LACTALIS trademark, as it incorporates the trademark entirely, and the addition of the sequence “cnf” (abbreviation for “Canadian Nutrient File”) is not sufficient to escape the confusing similarity to the LACTALIS trademark.<\/span><\/p>\n

According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it is not commonly known by the disputed domain name and is not related to the Complainant or authorized by it to register and use a domain name that includes the Complainant’s <\/span>LACTALIS trademark. The Complainant adds that the Respondent is not using the disputed domain name for a bona fide<\/em> offering of goods or services, because it resolves to an online shop that markets mainly dairy or milk-based food products and thus competes with the Complainant. According to the Complainant, the Respondent’s use of the disputed domain name reflects an intent to trade on the reputation of the Complainant’s trademark and falsely suggests to Internet users that the associated website is affiliated with the Complainant.<\/span><\/p>\n

The Complainant states that the disputed domain name was registered and is being used in bad faith. It claims that its LACTALIS trademark is well-known, and the Respondent has registered the disputed domain names with full knowledge of it. The Complainant argues that Respondent has registered and used the disputed domain name either to attract Internet users and offer possibly fraudulent services while impersonating the Complainant, or to disrupt the Complainant’s business by offering services in direct competition with the Complainant.<\/span><\/p>\n

<\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not submit a Response in this proceeding.<\/span><\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Assen Alexiev" ], "date_of_panel_decision": "2023-07-24 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following trademark registrations for the sign “LACTALIS” (the ”LACTALIS trademark”):<\/span><\/p>\n

- the European Union trademark LACTALIS (word) with registration No. 001529833, registered on 7 November 2002 for goods and services in International Classes 1, 5, 10, 13, 16, 31, 33, 34, 40 and 42;<\/span><\/p>\n

- the International trademark LACTALIS (combined), with registration No. 900154, registered on 27 July 2006 for goods and services in International Classes 29, 30 and 35; and<\/span><\/p>\n

- the International trademark LACTALIS (combined) with registration No. 1135514, registered on 20 September 2012 for goods and services in International Classes 5, 29, 30, 32 and 35.<\/span><\/p>", "decision_domains": { "lactaliscnf.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }