{
    "case_number": "CAC-UDRP-107695",
    "time_of_filling": "2025-06-26 09:51:29",
    "domain_names": [
        "lurpak.online"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Arla Foods Amba "
    ],
    "complainant_representative": "Abion GmbH",
    "respondent": [
        "Domain Name Privacy Inc"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a prominent Danish dairy company with an extensive local and international business including in Cyprus where the Respondent is allegedly located according to the Registrar's Verification in this proceeding. In particular, the Complainant is famous for the manufacture and sale of its well-known LURPAK brand of butter and related products.<\/p>\n<p><br \/>The Complainant has a large portfolio of registered trademarks referred to above. The Complainant also owns a portfolio of domain names that it uses in its business, that contain the LURPAK trademark and that resolve to websites that carry its well-known trademark.<br \/><br \/><\/p>\n<p>It has recently come to the notice of the Complainant that on January 27, 2025, many years after the Complainant acquired its aforesaid trademark rights, the Respondent registered the domain name &lt;lurpak.online&gt; (\" the Disputed Domain Name\") which includes the LURPAK trademark in its entirety. The Disputed Domain Name has been caused to resolve to Pay-Per-Click webpages displaying sponsored links such as \"Butter Recipes\", \"Cooking with Butter\" and \"Dairy Products\" and it continues to resolve to the those destinations. These links pose a very concerning threat to the Complainant&rsquo;s business and the LURPAK trademark and brand. That is so because they would give rise to a likelihood of confusion in the minds of internet users between the LURPAK trademark and the contents of the resolving links.<\/p>\n<p>Moreover, clicking on the links must generate revenue for the Respondent. Such a use cannot give rise to a right or legitimate interest on the part of the Respondent in the Disputed Domain Name. The Disputed Domain Name has also been registered and used in bad faith.<\/p>\n<p>In response to the Respondent's registration and use of the Disputed Domain name, the Complainant sent it a Cease and Desist letter on May 26, 2025 calling on it to transfer the Disputed Domain Name to the Complainant, but no reply has been received to that letter and the Respondent has failed and refused to comply with the Complainant's request.<br \/><br \/>The Complainant has therefore brought this proceeding to obtain a transfer of the Disputed Domain Name and the cessation of the improper use to which the Respondent has put it.<br \/><br \/><\/p>",
    "other_legal_proceedings": "<p>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": "<p>COMPLAINANT:<br \/><br \/>The Complainant made the following contentions.<br \/><br \/>(i) The Disputed Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights.<br \/><br \/>The Complainant owns numerous trademarks for LURPAK set out above that were registered many years before the Disputed Domain Name was registered on January 27, 2025.<br \/><br \/>The Disputed Domain Name &lt;lurpak.online&gt; incorporates the Complainant&rsquo;s trademark LURPAK in its entirety.<br \/><br \/>The generic Top-Level Domain &ldquo;.online&rdquo; is a standard registration requirement and should be disregarded when assessing whether a disputed domain name is identical or confusingly similar to the trademark in which the Complainant has rights.<br \/><br \/>Accordingly, apart from its generic Top Level Domain \".online\", the Disputed Domain Name consists of nothing but the word LURPAK.<br \/><br \/>The Disputed Domain Name is therefore identical to the Complainant&rsquo;s trademark LURPAK.<br \/><br \/><br \/>(ii) The Respondent has no rights or legitimate interests in respect of the Disputed Domain Name.<br \/><br \/>The Disputed Domain Name was registered on January 27, 2025 - many years after the first registration of the Complainant&rsquo;s LURPAK trademark.<br \/><br \/>The Complainant has not licensed or authorized the Respondent to register or use the Disputed Domain Name. Nor is the Respondent affiliated to the Complainant in any manner and nor has the Complainant endorsed or sponsored the Respondent or the contents of its webpages.<br \/><br \/>There is no evidence that the Respondent is commonly known by the Disputed Domain Name or that it owns any corresponding registered trademark including the term &ldquo;lurpak.online&rdquo;.<br \/><br \/><\/p>\n<p>When conducting searches of online trademark databases, no information was found by the Complainant in relation to trademarks corresponding to the term &ldquo;lurpak.online\". Any search corresponding to the term LURPAK results only in the numerous trademark registrations of the Complainant. When conducting a search of the term \"lurpak.online\" and &ldquo;lurpak&rdquo; on popular internet search engines, the vast majority of the results relate to the Complainant and its business.<\/p>\n<p>It is therefore clear that the intention of the Respondent when registering the Disputed Domain Name was to create the impression of an association between the Complainant and the Respondent, to generate confusion in the minds of internet users between the Complainant and the Respondent and for the Respondent to benefit from the international renown of the Complainant and its trademark.<\/p>\n<p>At the time the Complainant sent its aforesaid Cease and Desist letter to the Respondent on May 26, 2025, the Disputed Domain Name resolved to Pay-Per-Click webpages displaying sponsored links such as \"Butter Recipes\", \"Cooking with Butter\" and \"Dairy Products\" and it continues to resolve to the same destinations. These links give rise to a liklihood of confusion in the minds of internet users between the LURPAK trademark and the contents of the resolving links, as they imply that the Complainant is endorsing or is affiliated with those links which it is not. Such a use of the Disputed Domain Name cannot constitute a bona fide use of the Disputed Domain Name. Nor can it constitute a legitimate noncommercial or fair use of the Disputed Domain Name.<\/p>\n<p>None of the aforesaid matters gives rise to a right or legitimate interest in the Disputed Domain Name for the benefit of the Respondent and they all show that the Respondent has no such right or legitimate interest.<\/p>\n<p>(iii) The Disputed Domain Name was registered and is being used in bad faith.<br \/><br \/>Registration of the Disputed Domain Name in bad faith.<br \/><br \/>The Respondent registered the Disputed Domain Name many years after the first registration of the Complainant&rsquo;s LURPAK trademark. The trademark is registered in many countries and the Complainant enjoys a strong online presence. The Complainant is also very active on social media, namely Facebook, Twitter and Instagram in promoting its trademark, products and services. For example, the Complainant is followed by 1.2 million people on Facebook.<br \/><br \/>By conducting a simple online search regarding the terms &ldquo;lurpak.online&rdquo; or &ldquo;lurpak\", the Respondent would have inevitably learnt about the Complainant, its trademark and business, as all top results from such searches point to the Complainant.<br \/><br \/>The Respondent must have known of and had the Complainant and its trademark in mind at the time it registered the Disputed Domain Name because of the fame of the Complainant and its brand. The inclusion of the Complainant&rsquo;s trademark in the Disputed Domain Name reflects the Respondent&rsquo;s clear intention to create an association, and a subsequent likelihood of confusion, with the Complainant&rsquo;s trademark in the minds of Internet users.<\/p>\n<p>Thus, the Respondent registered the Disputed Domain Name in bad faith.<\/p>\n<p>Use of the Disputed Domain Name in bad faith.<\/p>\n<p>The Respondent has also used the Disputed Domain Name in bad faith because, first, it includes the entirety of the Complainant's LURPAK trademark. Secondly, the Respondent has used the Disputed Domain Name to resolve to various sponsored links that internet users would associate with the Complainant and its well-known LURPAK brand. These links clearly aim to generate revenue for the Respondent and UDRP panels have consistently found that such conduct constitutes bad faith use. Thirdly, the sponsored links are clearly calculated to give rise to confusion between the Complainant and the Respondent and their respective offerings.<\/p>\n<p>Bad faith use of the Disputed Domain Name is also evidenced by the fact that the Respondent did not reply to the Complainant's aforesaid Cease and Desist letter.<\/p>\n<p>Moreover, the Respondent is a serial offender as, by registering and using domain names such as &lt;airfrance.us&gt; and &lt;dollargeneral-careers.com&gt;, it has targetted other companies in the same way as it has targetted the Complainant, as shown in the present proceeding and as demonstrating a pattern of bad faith use.<\/p>\n<p>Thus, in total, the evidence will establish that the Respondent has both registered and used the Disputed Domain Name in bad faith.&nbsp;<\/p>\n<p>The Complainant is thus entitled to the relief that it seeks.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>The Panel is satisfied that all procedural requirements under the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Neil Brown"
    ],
    "date_of_panel_decision": "2025-07-24 00:00:00",
    "informal_english_translation": "<p>The evidence has established that the Complainant is the owner of a large portfolio of registered trademarks including:<\/p>\n<p>(a) the International trademark registration for LURPAK No. 1167472, registered on October 30, 2012;<\/p>\n<p>(b) the European Union trademark registration for LURPAK No. 010657385, registered on June 29, 2012; and<\/p>\n<p>(c) the United States trademark registration for LURPAK No.79132942, registered on June 10, 2014,<br \/><br \/>(collectively \"the LURPAK trademark\").<\/p>",
    "decision_domains": {
        "lurpak.online": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}