Founded in 1933, the Complainant is a French multi-national company, engaged in the food industry, particularly the dairy sector. The Complainant has traded under the name “Lactalis” since 1999. LACTALIS is the largest dairy products group in the world, with over 85,500 employees, 266 production sites, and a presence in over 51 different countries.<\/p>\n
<\/p>\n
The disputed domain name was registered on April 3, 2024, and redirects to a parking page. The disputed domain name has been set up with MX records.<\/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
(i) The Complainant has rights in the LACTALIS mark as identified in section “Identification of rights” above. The disputed domain name is confusingly similar to the Complainant's LACTALIS mark because it incorporates the Complainant’s mark LACTALIS merely adding the generic terms “OPEX” (a common business abbreviation for “operating expenses”) and “SUPPORT,” and the “.com” generic top-level domain (“gTLD”).<\/span> <\/p>\n (ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent uses the identity of the Complainant’s subsidiary in order to increase the likelihood of confusion with the Complainant. The Respondent is not affiliated with nor authorized by LACTALIS Group in any way. The Respondent is not related in any way to Complainant’s business. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark LACTALIS, or apply for registration of the disputed domain name by the Complainant. The Respondent does not use the disputed domain name for any bona fide<\/em> offering of goods or services or legitimate noncommercial or fair use. Instead, the disputed domain name is not directed to an active website. <\/p>\n (iii) The Respondent has registered and is using the disputed domain name in bad faith. The Respondent has registered and used the disputed domain name with actual knowledge of the Complainant's rights in the LACTALIS mark. The Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name. The disputed domain name has been set up with MX records, which suggests that it may be actively used for email purposes. <\/p>\n RESPONDENT:<\/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": [
"Mr. Ho-Hyun Nahm Esq."
],
"date_of_panel_decision": "2024-06-11 00:00:00",
"informal_english_translation": " The Complainant is the owner of the trademark LACTALIS:<\/p>\n EUIPO trademark Reg. No. 1529833 registered on November 7, 2002;<\/p>\n French trademark Reg. No. 3908891 registered on March 28, 2012;<\/p>\n International trademark Reg. No. 900154 registered on July 27, 2006;<\/p>\n International trademark Reg. No. 1135514 registered on September 20, 2012; and<\/p>\n International trademark Reg. No. 1721957 registered on December 2, 2022.<\/p>",
"decision_domains": {
"lactalisopexsupport.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}