FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant was originally established in 1973 and is a family-owned coffee manufacturer and supplier based in Amman, Jordan. The Complainant’s coffee is sold under the AL AMEED COFFEE brand to more than 30 countries around the world including the United Arab Emirates. The Complainant owns multiple registered trademarks in respect of the said brand, including, for example, the registered trademarks noted above. The Complainant also operates via multiple domain names, many of which use the term “alameed” in their respective Second-Level Domains.<\/p>\n
According to WhoIs records, the disputed domain name was registered on March 31, 2015. However, the Registrar Verification document states that the disputed domain name was registered by the current registrant, the Respondent, on October 17, 2020. The website associated with the disputed domain name originally indicated that it was operated by a company engaged in selling coffee vending machines. However, by 2021, said website was showing a “fatal error”, after which, on March 28, 2022 and January 27, 2023, it displayed “Coming Soon” messages. At some point after the latter date, the website associated with the disputed domain name was developed and began to sell coffee products. Some of said coffee appears to be that which is manufactured by the Complainant, but the Complainant notes that it is in fact manufactured by or on behalf of the Respondent using both the names “Al Ameed Coffee”, and latterly “Beetar Coffee”. Furthermore, some of said coffee appears to be manufactured by a third party.<\/p>\n
The Complainant asserts that the website associated with the disputed domain name was related to the website for a domain name <alameed-coffee.com>, which was the subject of a previous complaint brought by the Complainant under the Policy in respect of which the Complainant was successful (see: CAC Case No. 106062).<\/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
The disputed domain name is confusingly similar to the AL AMEED COFFEE trademarks in which the Complainant holds rights. The only difference between such marks and the disputed domain name is the subtraction of the term “coffee” in the latter, along with the addition of the domain name suffix.<\/p>\n
The Respondent has not received any license or consent from the Complainant, express or implied, to use the Complainant´s trademarks in the disputed domain name, on any products or in any other manner. The absence of any such license or consent means that there is no actual or contemplated bona fide use of the disputed domain name that could be claimed. The Respondent is not an authorized reseller of the Complainant. Third party products are sold on the website associated with the disputed domain name alongside the Complainant’s products without an evident disclaimer as to the lack of affiliation with the Complainant, thus failing to pass the “Oki Data Test” (see: Oki Data Americas, Inc. v. ASD, Inc.<\/em>, WIPO Case No. D2001-0903). The Respondent’s website content shows that the inclusion of the Complainant’s trademark in the disputed domain name is deliberate, and specifically references said mark, despite the sale of third party products thereunder. Such use is commercial activity and not legitimate noncommercial or fair use within the meaning of the Policy.<\/p>\n The Complainant’s trademark has been in use for around 25 years before the disputed domain name was registered and 30 years before the Respondent’s acquisition of the disputed domain name. As the Respondent is referencing the Complainant’s product by way of an illegitimate product branded “Al Ameed Coffee” on said website, it is inconceivable that the Respondent registered the disputed domain name without prior knowledge of the Complainant and its marks. The association of the disputed domain name with the <alameed-coffee.com> domain name, demonstrated by a link to a Jordan-based e-commerce partner, strongly confirms the Respondent’s repetitive bad faith intent towards the Complainant.<\/p>\n By using the website associated with the disputed domain name to offer online sale of the Complainant’s products alongside third party coffee products and the Respondent’s own coffee brand, 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 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": [
"Andrew Lothian"
],
"date_of_panel_decision": "2024-11-22 00:00:00",
"informal_english_translation": " The Complainant is the owner of multiple word, device, and combined registered trademarks for Al AMEED COFFEE, AL AMEED COFFEE and ALAMEEDCOFFEE in Latin and Arabic scripts including, for example:<\/p>\n European Union Registered Trademark Number 10586279, Al AMEED COFFEE, registered on June 6, 2012;<\/p>\n Jordanian Registered Trademark Number 28267, ALAMEED COFFEE, registered on November 12, 1990; and<\/p>\n United Arab Emirates Registered Trademark Number 210499, ALAMEEDCOFFEE, registered on May 11, 2015.<\/p>",
"decision_domains": {
"alameed.net": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}