Arla Foods is the fifth-largest dairy company in the world and a cooperative owned by more than 12,500 dairy farmers. Arla Foods Amba was constituted in 2000, when the largest Danish dairy cooperative MD Foods merged with its Swedish counterpart Arla ekonomisk Förening. Arla Foods Amba employs 119,190 people across 105 countries and reached a global revenue of EUR 11,2 billion for the year 2021 which it evidences by an excerpt of “Consolidated Annual Report 2021.\" Arla Food’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. <\/p>\n
Furthermore, the Complainant is also known in connection with its dedicated foodservice business “Arla Pro”, committed to catering to the different needs of chefs, bakers, and kitchen professionals all around the world with its wide range of dairy ingredients. <\/p>\n
Arla Foods also enjoys a local presence in the United States, the country where the Respondent is allegedly located according to the Registrar Verification , where it has an established presence since 2007. The Complainant also enjoys a strong online presence via its official website and social media. Due to extensive use, advertising and revenue associated with its trademarks worldwide, the Complainant enjoys a high degree of renown around the world.<\/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": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n
COMPLAINANT: RESPONDENT:<\/p>\n
The Complainant states that the Respondent registered <arlapro.xyz> (the “Disputed Domain Name”) on February 1, 2023 and it resolves to a website that advertises it for sale. The Disputed Domain Name is identical to Complainant’s ARLA® and ARLA PRO® trademarks (the \"ARLA Marks\"). The Complainant contends that it has no business relationship with Respondent, did not authorize it to register the Disputed Domain Name, and states that the Respondent is in violation of the Policy. <\/p>\n
The Respondent registered the Disputed Domain Name many years after the first registration of Complainant’s ARLA Marks. The ARLA trademark is a widely known trademark, as previously held by UDRP Panels (see Arla Foods Amba v. Fredrik Enghall, WIPO Case No. D2016-1205 and Arla Foods Amba v. Nashan, CAC Case No. 101486), and is registered in many countries, including in the United States where the Respondent appears to be located. The Complainant also enjoys a strong online presence and is very active on social media (Facebook and Twitter) to promote its mark, products and services.<\/p>\n
Complainant argues that the registration and passive holding of the Disputed Domain Name is opportunistic and any contention otherwise would be condemned as wilful blindness<\/p>\n
RESPONDENT:<\/p>\n
The Respondent has not appeared formally or informally to controvert the evidence submitted by the Complainant.<\/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>\n
<\/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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2023-09-26 00:00:00", "informal_english_translation": "
The Complainant owns numerous trademark registrations for ARLA and ARLA PRO. Including but not limited to:<\/p>\n
US Trademark ARLA No. 3325019, registered on October 30, 2007;
EU Trademark ARLA No. 001520899, registered on May 7, 2001;
EU Trademark ARLA (figurative) 009012981, registered on September 9, 2010;
International trademark ARLA No. 731917, registered on March 20, 2000;
International trademark ARLA (figurative) 990596, registered on September 8, 2008;
EU Trademark ARLA PRO No. 018686542, registered on August 27, 2022.<\/p>",
"decision_domains": {
"arlapro.xyz": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}