{ "case_number": "CAC-UDRP-107394", "time_of_filling": "2025-03-13 11:16:50", "domain_names": [ "fr-lactalis.cam" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Groupe Lactalis" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Steven Zenbar" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Complainant, founded in 1933 as a French multinational company within the dairy sector, has been operating under the name 'Lactalis' since 1999. As the world's largest dairy products group, the Complainant boasts over 85,500 employees and 266 production sites across 51 countries.<\/p>\n

B<\/strong>. <\/span>Respondent<\/strong>'<\/span>s Factual Allegations<\/strong><\/p>\n

The Respondent has failed to submit a Response in this UDRP administrative proceeding, leaving the Complainant's allegations unchallenged.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or concluded legal proceedings pertaining to the domain name <fr-lactalis.cam> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong>'s Submissions<\/strong><\/p>\n

The Complainant's submissions may be summarised as follows:<\/p>\n

A<\/strong>.1 The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant asserts that the disputed domain name is confusingly similar to the trade mark LACTALIS as it encompasses the trade mark in full. The addition of the geographical term 'fr' does not materially alter the initial impression of the designation, nor does it mitigate the likelihood of confusion with the Complainant's trade mark. Additionally, the inclusion of the Top-Level Domain ('the TLD') <.cam> similarly fails to disassociate the disputed domain name from the Complainant.<\/p>\n

A<\/strong>.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Respondent, being unnamed in the Whois database, cannot be said to be commonly known by the disputed domain name. The Complainant affirms that there is no affiliation or authorisation between the parties, emphasising that the Respondent holds no rights regarding the disputed domain name and has never received permission to utilise the trade mark LACTALIS. Furthermore, the fact that the disputed domain name resolves to an error page suggests no intention or plan for its use, further substantiating the absence of rights or legitimate interests on the part of the Respondent.<\/p>\n

A<\/strong>.3 The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

The Complainant highlights that the trade mark LACTALIS has substantial recognition and protection in multiple jurisdictions at the time of the disputed domain name's registration. Past UDRP panels have recognised LACTALIS as a well-known trade mark, leading the Complainant to assert that the Respondent registered the disputed domain name with full awareness of the Complainant's rights, thereby indicating bad faith. The inactive nature of the website associated with the disputed domain name, alongside its registration details, raises doubts about any legitimate use by the Respondent, suggesting potential passing off or infringement of trade mark rights. The presence of MX records hints that the disputed domain name may be intended for e-mail use, reinforcing concerns regarding bad faith registration and use. In conclusion, the Complainant maintains that the Respondent has registered and utilised the disputed domain name in bad faith.<\/p>\n

A<\/strong>.4 Relief sought<\/strong><\/p>\n

The Complainant requests the transfer of the disputed domain name to itself.<\/p>\n

B<\/strong>. Respondent<\/strong>'s Submissions<\/strong><\/p>\n

The Respondent has defaulted in this UDRP administrative proceeding, failing to advance any substantive defence.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP Policy).<\/p>", "procedural_factors": "

The Panel is satisfied that all procedural requirements under the UDRP have been met, with no grounds to delay the decision.  <\/p>", "decision": "Accepted", "panelists": [ "Gustavo Moser" ], "date_of_panel_decision": "2025-04-05 00:00:00", "informal_english_translation": "

Groupe Lactalis ('the Complainant') asserts its rights to the following registered trade marks:<\/p>\n

•  <\/span>EU trade mark registration no. 001529833, filed on 7 November 2002, for the word mark LACTALIS, in classes 1, 5, 10, 13, 16, 31, 33, 34, 40, and 42 of the Nice Classification;<\/p>\n

•  <\/span>International trade mark registration no. 900154, registered on 27 July 2006, for the figurative mark LACTALIS, in classes 20, 30, and 35 of the Nice Classification;<\/p>\n

•  <\/span>International trade mark registration no. 1135514, registered on 20 September 2012, for the figurative mark LACTALIS, in classes 5, 29, 30, 32, and 35 of the Nice Classification; and<\/p>\n

•  <\/span>EU trade mark registration no. 017959526, registered on 22 May 2019, for the figurative mark LACTALIS, in classes 1, 5, 7, 9, 16, 21, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, and 45 of the Nice Classification.<\/p>\n

These marks shall be collectively referred to as 'the Complainant's trade mark' or 'the trade mark LACTALIS'. Furthermore, the Complainant holds multiple domain names featuring the term 'lactalis', including <lactalis.com>, registered in 1999.<\/p>\n

The disputed domain name <fr-lactalis.cam> was registered on 2 March 2025 and currently resolves to a website displaying an error message (referred to as 'the Respondent's website').<\/p>", "decision_domains": { "fr-lactalis.cam": "TRANSFERRED" }, "panelist": null, "panellists_text": null }