{ "case_number": "CAC-UDRP-106517", "time_of_filling": "2024-05-31 09:21:04", "domain_names": [ "alameed-coffeee.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Ameed Food Industries w.l.l." ], "complainant_representative": "Zeusmark Limited", "respondent": [ "Ahmed Hamzawy (Privacy service provided by Withheld for Privacy ehf)" ], "respondent_representative": null, "factual_background": "

FACTS PROVIDED BY THE COMPLAINANT:<\/strong><\/p>\n

The Complainant is an international coffee company engaged in the research, development, production, marketing and sale of coffee across the world. The Complainant began operating from a small coffee-roasting store in 1973. Today, the Complainant brand Al Ameed Coffee® is sold to more than 30 countries around the world including the USA, the UK, Austria, the Netherlands, the United Arab Emirates, Egypt, Australia, Canada and many more benefiting from a solid and expansive supply chain network.<\/p>\n

The Complainant is the owner of the different trademarks AL AMEED COFFEE®. In addition, the Complainant is the owner of different domain names including the term AL AMEED COFFEE® such as <alameedcoffee.com> registered since November 11, 1999 and <alameed-coffee.com>.<\/p>\n

The disputed domain name <alameed-coffeee.com> (hereinafter, the “Disputed Domain Name”) was registered on June 13th, 2023 and it redirects to a website promoting the sale of coffee products using a misspelled variation of the Complainant's trademark.<\/p>\n

According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and he is not related in any way to the Complainant’s business.<\/p>\n

For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.<\/p>\n

Respondent did not reply to the Complaint.<\/p>\n

<\/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

First element: Similarity<\/p>\n

The Complainant confirms that the Disputed Domain Name <alameed-coffeee.com> is confusingly similar to its trademarks AL AMEED COFFEE®.<\/p>\n

The Complainant states that the Disputed Domain Name consist of a misspelling of Complaint's AL AMEED COFFEE® mark and fully incorporates the Complainants registered and well-known trade mark and the only slight differences between the Disputed Domain Name and the Complainant’s trademark is the addition of a letter \"E\" to COFFEE, a hyphen “-“between “ALAMEED” and “COFFEE” and the gTLD suffix “.com”.<\/p>\n

Furthermore, the Complainant indicates that the gTLD is not relevant in the appreciation of confusing similarity.  <\/p>\n

Second element: Rights or legitimate interest<\/p>\n

The Complainant claims that the Respondent is not known as the Disputed Domain Name. Furthermore, the Complainant confirms that the Respondent has no right or legitimate interests in respect of the Disputed Domain Name.<\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name and he 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.<\/p>\n

Moreover, the Disputed Domain Name points to a website promoting the sale of coffee products using a misspelled variation of the Complainant's trademark. Furthermore, the website does not offer any contact details, the 'Terms and conditions' and 'Privacy policy' pages of the website which the domain is pointing to are completely blank.<\/p>\n

Finally, the Complainant indicates  that the Respondent does not “make a legitimate noncommercial or fair use of the Disputed Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trade mark or service mark at issue” as stated in § 4 c of the UDRP, because the Disputed Domain Name is being used since its registration to convey users to a website promoting the Respondent’s commercial activity consisting in the sale of coffee products.<\/p>\n

Third element: Bad faith<\/p>\n

The Complainant asserts that the Disputed Domain Name that the Complainant’s well-known trade mark AL AMEED COFFEE® has been used for more than 20 years before the Respondent’s registration of the Disputed Domain Name and due to the fact that the Complainant ́s trade mark is well-known and that the Respondent has registered the Disputed Domain Name incorporating the AL AMEED COFFEE® trademark together with the obvious misspelling of the term \"coffee\", it is inconceivable that the Respondent registered the domain name without prior knowledge as to the existence of the Complainant and the Complainant ́s trade marks.<\/p>\n

Further, the Respondent uses the domain name to divert Internet traffic to a site that sells coffee products which disrupts the Complainant´s business operations. By doing this the Respondent intentionally attempts to attract for commercial gain, Internet users to the Respondent’s website by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation or endorsement of the Respondent’s website.<\/p>\n

RESPONDENT<\/p>\n

The Respondent did not reply to the Complaint.<\/p>\n

 <\/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": [ "Victor Garcia Padilla" ], "date_of_panel_decision": "2024-07-08 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following valid trademarks:<\/p>\n