Founded in 1845, the Complainant is a well-known chocolate maker based in Switzerland and sells products under the trademark LINDOR, among others. 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. The disputed <lindor.shop> domain name was registered on December 15, 2023 and resolves to a page at a third-party reselling platform which advertises its sale for USD 1,450.<\/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": "
Complainant's Contentions:<\/p>\n
<\/p>\n
The disputed domain name is confusingly similar to the Complainant’s trademark as it’s second level is identical to the term LINDOR. The domain name also adds the “.shop” TLD which creates a high risk of implied affiliation with the Complainant’s official online shops. The Respondent thus has no rights or legitimate interests in the disputed domain name, it is not authorised to use the Complainant’s trademark, it is not commonly known by the name, and it is not making a bona fide or fair use of the disputed domain name. Further, copying of the Complainant‘s well-known trademark for a domain name that resolves to a for sale website indicates that the disputed domain name was registered and is used in bad faith. Finally, the disputed domain name is intended to prevent the Complainant from reflecting its trademark in a corresponding domain name and the Respondent has engaged in a pattern of such conduct.<\/p>\n
<\/p>\n
Respondent's Contentions:<\/p>\n
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": [ "Steven Levy" ], "date_of_panel_decision": "2024-07-11 00:00:00", "informal_english_translation": "
The Complainant is the owner of numerous trademark registrations including the following:<\/p>\n
- International trademark registration number 145636 for LINDOR in Class 30, registered on February 28, 1950.<\/p>\n
- United States trademark registration number 1729638 for LINDOR in Class 30, registered on November 3, 1992;<\/p>\n
- European Union trademark registration number 005640602 for LINDOR in Classes 6, 14, 16, 18,<\/p>\n
21, 25, and 28, registered on March 19, 2009; and<\/p>\n
- China trademark registration number 24259336 for LINDOR in Class 14, registered on May 14, 2018.<\/p>", "decision_domains": { "lindor.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }