{ "case_number": "CAC-UDRP-106504", "time_of_filling": "2024-05-14 09:27:05", "domain_names": [ "upfiield.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Upfield Europe B.V." ], "complainant_representative": "Stobbs IP (Stobbs IP)", "respondent": [ "User User" ], "respondent_representative": null, "factual_background": "

The Complainant is a global dairy alternative company, and a leader in the sourcing, production, and sale of plant based consumer products. The Complainant’s business can be traced back to 2018, when it spun off from the British multinational consumer goods company, Unilever.<\/p>\n

The Complainant currently employs more than 4,800 employees globally and has sold more than $1 billion worth of products promoting health benefits, through seven far-reaching brands, such as Flora, Violife, Becel, and Rama.<\/p>\n

The Complainant continues to hold a leading position in the global margarine market, with more than 50% share of the margarine markets in Germany, the Netherlands, the U.K., the U.S, and 40 other markets.<\/p>\n

It owns offices in 50 countries, with the main offices in the U.K. and the Netherlands. It also has numerous subsidiaries around the world, including but not limited to subsidiaries in Colombia, Germany, and Sweden.<\/p>\n

The Complainant has wide online media presence, with wide coverage on online news agencies and business articles covering its various business dealings. Dealings such as the acquisition of Arivia, owner of the brand Violife, a global leader in the vegan market, in 2020, as well as the purchase of a minority stake in Alternative Foods London in 2022, were reported and commented on by various media outlets. In just the first four months of 2024, the Complainant has featured in articles from the Financial Times and Bloomberg.<\/p>\n

The Complainant has further obtained a substantial following and endorsement on social media.<\/p>\n

The Complainant’s main website can be found at https:\/\/upfield.com\/, owned by the Complainant since 2018 and used for the purposes of its main website for the past 6 years. <\/p>\n

The disputed domain name was registered on 20 March 2024 by User User, residing in Maricopa, AZ, the United States. It does not resolve to any active website. However, it has been used to send fraudulent emails impersonating the Complainant and aimed to solicit payments and\/or obtain sensitive or confidential personal information from the Complainant's customers and business partners.<\/p>\n

The facts asserted by the Complainant have not been contested by the Respondent.<\/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": "

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n

No administratively compliant Response has been filed.<\/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": [ "Ivett Paulovics" ], "date_of_panel_decision": "2024-06-10 00:00:00", "informal_english_translation": "

The Complainant, trading under the company name Upfield Europe B.V., is owner of several trademarks registered worldwide, consisting of the term \"UPFIELD\", including but not limited to:<\/p>\n