{
    "case_number": "CAC-ADREU-004917",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant Arla Foods amba has filed a complaint against the holder of the domain name arlafood.eu. \r\n\r\nThe Respondent is a Danish company named Juulandersen.com v\/Tim Juul Andersen. The Panel has been notified that the Respondent has failed to submit the Response in hard copies as prescribed by the .eu Dispute Resolution Rules (the Rules) paragraph B3. \r\n\r\nThe Respondent has submitted the Response by electronic mail. Despite this formal deficiency the Panel has decided to include the Response in its considerations.\r\n\r\nThe Complainant is a cooperative owned by more than 10.000 farmers in Denmark and Sweden. The Complainant produces milk based products. The trademark ARLA FOODS was registered in Denmark in 2000 and the Complainant uses the same name as trade name as well. Furthermore, the Complainant is the holder of several domain names including arlafoods.com, arlafoods.dk, arlafoods.se etc.\r\n\r\nThe Respondent registered the domain name arlafood.eu in the so called “landrush” period on June 15, 2006. When the Panel received this case the domain name had a web page attached. The web page contains information about Arabic Lebanese Assyrian Food. \r\n \r\nThe correspondence between the parties shows that the Complainant has approached the Respondent in order to have the disputed domain name transferred voluntarily. After being approached by the Complainant, the Respondent explains by e-mail about a project intended for the web site and the Respondent has uploaded content with relation to this project to the web site. The Respondent has informed that he is acting on behalf of his wife who has been involved in a traffic accident with the result that she is not able to work. The Complainant has asked if the Respondent is willing to sell the domain name and if so, at which price. Also, the Complainant has offered to loan out to the Respondent two marketing people who could help the Respondent finding a new name for his wife’s project. The Respondent has declined the Complainant’s offer and has in stead offered to sell the domain name to a fixed price of DKK 30.000 (EUR 2.238). Next the Complainant has initiated this case by filing a Complaint.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceeding regarding the disputed domain name.",
    "discussion_and_findings": "According to the provisions in Article 21(1) of the Regulation a domain name shall be subject to revocation when it is “identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it \r\n\r\n(a) has been registered by its holder without rights or legitimate interest in the name; or\r\n\r\n(b) has been registered or is being used in bad faith.”\r\n\r\nThe Complainant has established prior rights in the name ARLA FOODS in the form of a registered trademark and as a substantial part of the company name of the Complainant ARLA FOODS amba.\r\n\r\nThe disputed domain name arlafood.eu is almost identical to the Complainant’s trademark ARLA FOODS and to other domain names of the Complainant e.g. arlafoods.com. Consequently, the domain name arlafood.eu is certain to mislead the Complainant’s customers and other Internet users to think that they are visiting a web page of the Complainant. Therefore, the Panel finds that the domain name is confusingly similar to the name in which the Complainant holds prior rights. \r\n\r\nOn this background, the Complainant has established a prior right in the domain name arlafood.eu.\r\n\r\nSubsequently, the Panel must examine whether or not the next criteria set out in Article 21(1)(a) and (b) in the Regulation are satisfied in order to decide whether or not the disputed domain name shall be subject to revocation or not.\r\n\r\nLike the Complainant the Panel naturally has sympathy for the community and project described by the Respondent. Even if the registration and use of the disputed domain name seem to be reasoned by a likely purpose the Respondent has not proven to be commonly known by this name. The disputed domain name arlafood.eu has not actually been used until the Complainant approached the Respondent. The domain name, arlafood.eu will undoubtedly be confused with the name and trademark of the Complainant. The registration has an inevitable element of unjustifiable intention to mislead Internet users visiting the domain name arlafood.eu as they are most likely to think that they are visiting a web page belonging to the Complainant. Also on these grounds, the Panel finds that the Respondent has failed to prove that the registration is made with legitimate interest in the name.  \r\n\r\nThe Panel finds that even though the Respondent has offered to sell the domain name on explicit request of the Complainant, this circumstance underlines the indications of the Respondent’s bad faith. \r\n \r\nThe Panel agrees that the name and trademark of the Complainant is well-known at least in Denmark. Consequently, the Panel finds that the Respondent cannot possibly have made the registration of the domain name without knowing about the existence of the rights of the Complainant. It seems reasonable to believe that the abbreviation ARLAFOOD is at least partly fabricated for the purpose of obtaining some of the Complainant’s goodwill and reputation. \r\n\r\nOn this background the Panel finds that the disputed domain name has been registered without legitimate interest and in bad faith and therefore the domain name should be transferred to the Complainant.\r\n \r\nTo have the domain name transferred the Complainant must fulfil the eligibility criteria set out in Article 4(2)(b) of Regulation (EC) 733\/2002. Having its registered office in Denmark the Panel finds that the Complainant satisfies this criterion.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that\r\n\r\nthe domain name ARLAFOOD be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2008-05-26 00:00:00",
    "informal_english_translation": "The Complainant has established prior rights in the name ARLA FOODS in the form of a registered trademark and as a substantial part of the company name of the Complainant ARLA FOODS amba.\r\n\r\nThe disputed domain name arlafood.eu is almost identical to the Complainant’s trademark ARLA FOODS and to other domain names of the Complainant. \r\n\r\nThe Respondent has argued that the domain name is registered for the purpose of establishing a community regarding food and addressed to people with Arabic Lebanese Assyrian origins living in Europe. According to the Respondent the domain name is an abbreviation of ARABIC LEBANESE ASSYRIAN FOOD.\r\n\r\nThe Panel finds that the disputed domain name will undoubtedly be confused with the name and trademark of the Complainant and the registration has an inevitable element of unjustifiable intention to mislead Internet users visiting the domain name arlafood.eu as they are most likely to think that they are visiting a web page belonging to the Complainant.\r\n\r\nThe Panel finds that even though the Respondent has offered to sell the domain on explicit request of the Complainant, this circumstance underlines the indications of the Respondent’s bad faith. \r\n \r\nThe Panel agrees with the Complainant that the name and trademark of the Complainant is well-known at least in Denmark. Consequently, the Panel finds that the Respondent cannot possibly have made the registration of the domain name without knowing about the existence of the rights of the Complainant. \r\n\r\nOn this background the Panel finds that the disputed domain name has been registered without legitimate interest and in bad faith, cf. Article 21(1) of the Regulation. The Panel orders that the domain name be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}