{
    "case_number": "CAC-UDRP-105847",
    "time_of_filling": "2023-10-05 09:40:57",
    "domain_names": [
        "lactalismx.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Groupe Lactalis"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Domain Administration"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"font-weight: 400;\"><span>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n<p style=\"font-weight: 400;\"><span>The Complainant is a well-established French multi-national group, engaged in the food industry, particularly the dairy sector, with over 85,500 employees, 270 production sites, and a presence in over 51 different countries.<\/span><\/p>\n<p style=\"font-weight: 400;\"><span>Since 2015, the Complainant and its brand LACTALIS is present in San Miguel de Allende, Mexico.<\/span><\/p>\n<p style=\"font-weight: 400;\"><span>The Complainant is the owner of several trademarks containing the term &ldquo;LACTALIS&rdquo;, previously registered in different countries, including Mexico.<\/span><\/p>\n<p style=\"font-weight: 400;\"><span>Furthermore, the Complainant owns an important domain names portfolio containing the wording &ldquo;LACTALIS&rdquo;, such as:<\/span><\/p>\n<ul>\n<li><span>&lt;lactalis.com&gt; registered on January 9th, 1999;<\/span><\/li>\n<li><span>&lt;lactalis.net&gt; registered on December 28th, 2011;<\/span><\/li>\n<li><span>&lt;lactalis.mx&gt; registered since June 8th, 2011 ;<\/span><\/li>\n<li><span>&lt;lactalis.com.mx&gt; registered since May 31st, 2011.<\/span><\/li>\n<\/ul>\n<p style=\"font-weight: 400;\"><span>The disputed domain name &lt;lactalismx.com&gt; was registered on July 14th, 2023 and resolves to a parking page.&nbsp; <\/span><\/p>\n<p style=\"font-weight: 400;\"><\/p>",
    "other_legal_proceedings": "<p>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": "<p>COMPLAINANT:<\/p>\n<p style=\"font-weight: 400;\"><span>The Complainant is the owner of several trademarks containing the term &ldquo;LACTALIS&rdquo;, such as the Mexican trademark n&deg; 1343096 LACTALIS and the International registration of a trademark &ldquo;LACTALIS&rdquo; n&deg; 1135514, both registered since December 2012.<\/span><\/p>\n<p style=\"font-weight: 400;\"><span>The Complainant states that the disputed domain name is confusingly similar to the Complainant&rsquo;s trademark LACTALIS since the trademark is included in its entirety in the disputed domain name. Moreover, the suffix &ldquo;-MX&rdquo; placed at the end of the disputed domain name makes a reference to Mexico, where the Complainant business also operates and where its trademark &ldquo;LACTALIS&rdquo; is also in protected. Finally, the Complainant contends that the addition of the generic Top-Level Domain suffix &ldquo;.COM&rdquo; does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated.<\/span><\/p>\n<p style=\"font-weight: 400;\"><span>Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and that is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. <\/span><\/p>\n<p style=\"font-weight: 400;\"><span>Neither license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark LACTALIS or apply for registration of the disputed domain name by the Complainant.<\/span><\/p>\n<p style=\"font-weight: 400;\"><span>Moreover, this disputed domain name resolves to a parking page and the Respondent offers the disputed domain name to sale, which is, in view of the Complainant, a sign of the Respondent&rsquo;s lack of any legitimate interest in the disputed domain name and of the Respondent&rsquo;s bad faith in its registration and use. In view of the Complaint the Respondent has registered the disputed domain name in order to &ldquo;sell it back for out-of-pockets costs&rdquo;.<\/span><\/p>\n<p>RESPONDENT:<\/p>\n<p><span>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/span><\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>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": "<p>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": "<p>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": [
        "Hana Císlerová"
    ],
    "date_of_panel_decision": "2023-11-05 00:00:00",
    "informal_english_translation": "<p style=\"font-weight: 400;\"><span>The Complainant is the owner of the following trademarks:<\/span><\/p>\n<ul>\n<li><span>The European trademark LACTALIS n&deg; 1529833 registered on February 28th, 2000;<\/span><\/li>\n<li><span>The International trademark LACTALIS n&deg; 900154 registered on July 27th, 2006;<\/span><\/li>\n<li><span>The Mexican trademark LACTALIS n&deg; 1343096 registered since September 19th, 2012;<\/span><\/li>\n<li><span>The International trademark LACTALIS n&deg; 1135514 registered on September 20th, 2012;<\/span><\/li>\n<li><span>The International trademark LACTALIS EXPERIENCE n&deg;1544498 registered on May 26, 2020 and designated Mexico.<\/span><\/li>\n<\/ul>",
    "decision_domains": {
        "lactalismx.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}