{ "case_number": "CAC-UDRP-106521", "time_of_filling": "2024-05-14 10:14:19", "domain_names": [ "lindtbr.shop" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Chocoladefabriken Lindt & Sprüngli AG" ], "complainant_representative": "SILKA AB", "respondent": [ "ARJONES NEGOCIOS LTDA " ], "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 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 (1994), Caffarel (1997), Ghirardelli (1998) and Russell Stover (2014). <\/span><\/p>\n

The disputed domain name  <\/span>was registered on March 26, 2024 and initially resolved to a page showing the products from the Complainant for sale under the company name Lindt, all that before the hosting provider suspended the site on the request of the Complainant.<\/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": "

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.
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": [ "Dietrich Beier" ], "date_of_panel_decision": "2024-06-17 00:00:00", "informal_english_translation": "

The Complainant is proprietor of several trademarks worldwide for „Lindt“, among them the European trademark registration 134007 in class 30 applied for on April 1, 1996 as well as the Brazilian trademark registration 826413609 in class 35 applied for April 16, 2004.  <\/span>Both marks are in effect.<\/p>", "decision_domains": { "lindtbr.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }