{ "case_number": "CAC-UDRP-106200", "time_of_filling": "2024-02-01 10:54:26", "domain_names": [ "arlafoods-eu.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Arla Foods Amba " ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Mario Fuhab" ], "respondent_representative": null, "factual_background": "

The Complainant, Arla Foods Amba, is the fifth-largest dairy company in the world and a cooperative owned by 12,700 dairy farmers<\/span>. The Complainant is the owner of trademarks in the terms ARLA<\/strong> and ARLA FOODS<\/strong>.<\/p>\n

The Complainant also owns a number of domain names containing the trademarks ARLA <\/strong>and ARLA FOODS<\/strong>, such as the domain names <arla.com> and <arlafoods.com>.<\/p>\n

The disputed domain name was registered on January 10, 2024 and resolves to an error page.<\/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": "

\n

COMPLAINANT<\/strong><\/p>\n

The disputed domain name is confusingly similar to the Complainant’s trademarks ARLA<\/strong> and ARLA FOODS<\/strong>, and its domain names. The Complainant contends that the addition of the terms “foods\" and \"eu\" is not sufficient to escape the finding that the domain name is confusingly similar to the Complainant’s trademarks nor does it change the overall impression of the domain name as being associated with the trademarks ARLA<\/strong> and ARLA FOODS<\/strong>. Moreover, the Complainant submits that the addition of the suffix “.COM” is irrelevant in determining whether or not a disputed domain name is confusingly similar to a mark.<\/p>\n

Per the Complaint, the Respondent is not known of the Complainant. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way and that Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent. Furthermore, the disputed domain name resolves to an error page. Past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use. The Complainant further argues that the disputed domain name was used in connection with a fraud scheme via the use of emails originating from the disputed domain name.<\/p>\n

As regards the bad faith of the Respondent, the disputed domain name includes the distinctive trademarks ARLA and ARLA FOODS. It is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks. Furthermore, the Complainant argues that the Respondent has used the domain name in relation to a wire fraud scheme, impersonating the Complainant and defrauding partners of the Complainant's.<\/p>\n

 <\/span><\/p>\n

RESPONDENT:<\/strong><\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n<\/div>", "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": [ "Arthur Fouré" ], "date_of_panel_decision": "2024-03-23 00:00:00", "informal_english_translation": "

The Complainant<\/span> as provided evidence of ownership of several trademark rights, including the following:<\/p>\n

    \n
  • EU TM ARLA No. <\/span>001520899<\/span>, registered on May 7, 2001;<\/span> <\/span><\/span><\/li>\n
  • International trademark ARLA No. 731917, registered on March 20, 2000;<\/span> <\/span><\/span><\/span><\/li>\n
  • US Trademark registration (<\/span>figurative) <\/span>No. <\/span>3651489, registered on July 7, 2009;  <\/span><\/span><\/li>\n
  • Danish trademark ARLA FOODS No. <\/span>VR 2000 01185<\/span>, registered on March 6, 2000<\/span>.<\/span><\/span><\/li>\n<\/ul>", "decision_domains": { "arlafoods-eu.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }