{ "case_number": "CAC-UDRP-106289", "time_of_filling": "2024-02-23 09:11:23", "domain_names": [ "customerservicerussellstover.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Chocoladefabriken Lindt & Sprüngli AG" ], "complainant_representative": "SILKA AB", "respondent": [ "Carolina Rodrigues (Fundacion Comercio Electronico)" ], "respondent_representative": null, "factual_background": "

The Complainant, founded in 1845, is a well-known chocolate maker based in Switzerland. As a leader in the market of premium quality chocolate, the Complainant has 11 production sites in Switzerland, Europe and the United States and its more than 2,500 products are distributed via 28 subsidiaries, 500 own retail shops and a comprehensive network of more than 100 distributors in over 120 countries. The Complainant has more than 14 thousand employees and made a revenue of CHF 5.2 billion in 2023. Over the years, the Complainant has expanded its brand portfolio abroad and acquired chocolate businesses including Hofbauer and Küfferle<\/em> (1994), Caffarel<\/em> (1997), Ghirardelli<\/em> (1998) and Russell Stover<\/em> (2014). <\/span><\/p>\n

The Complainant acquired United States-based Russell Stover Candies, LLC („Russell Stover”) in 2014. This acquisition was covered by many popular online news outl<\/span>ets.<\/p>\n

Russell Stover was established in 1923 in Denver, Colorado, and has been headquartered in Kansas City, Missouri, since 1932. Russell Stover changed its company name to Rusell Stover Candies in 1943 (having previously been known as Mrs. Stover’s Bungalow Candies). Russell Stover chocolates are made in the United States across three factories and are available at 13 retail locations. The Russel Stover division of the Complainant made sales of USD 377 million in 2022.<\/span><\/p>\n

The Complainant is the owner of several trademarks for RUSSELL STOVER, covering several jurisdictions around the world, such as the United States national trademark “RUSSELL STOVER”, no. 739454<\/span>, the international trademark registration “RUSSELL STOVER”, no. 1243266, the European Union trademark “RUSSELL STOVER”, no. 004342077, the Canadian national trademark “RUSSELL STOVER”, no. TMA442500, the Mexican national trademark “RUSSELL STOVER”, no. 421292, (all cited above).<\/p>\n

The Complainant advertises and sells its offerings online from the website www.russellstover.com<\/a>, the domain of which was registered in 1996. The Complainant also holds the domain name <russellstover.net> (registered in 2010) and <russellstover.us> (registered in 2014).<\/span><\/p>\n

The disputed domain name <customerservicerussellstover.com> was registered on 24 March, 2023 and as per the evidence available in the file, at the time when the complaint was filed, the website associated with the disputed domain name redirected internet users to random unconnected sites, many of which appear to be associated with malicious content\/software. In addition, according to the evidence filed by the Complainant, the Respondent has configured the disputed domain name with an MX (mail exchange) record, thus, it can be used to send and receive emails.<\/span> <\/span><\/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": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n

COMPLAINANT'S CONTENTIONS: <\/p>\n

The Complainant's contentions are the following:

The disputed domain name <customerservicerussellstover.com> is confusingly similar to the Complainant's trademark RUSSELL STOVER, that the Respondent lacks rights or legitimate interests in the disputed domain name for a number of reasons and that the disputed domain name was registered and is being used in bad faith. 
<\/span><\/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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2024-04-02 00:00:00", "informal_english_translation": "

The Complainant bases its Complaint on the following trademarks: <\/span><\/p>\n