The Complainant was founded in 1845 and 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. The Complainant acquired United States-based Russell Stover Candies, LLC (‘Russell Stover’) in 2014 for approximately USD 1.6 billion. 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 Russell 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 Russell Stover division of the Complainant made sales of USD 377 million in 2022.<\/p>\n
The Complainant has an online site where it advertises and sells its goods and the main domain is <russellstover.com> which was registered in 1996. The Complainant also holds <<\/strong>russellstover.net> (registered in 2010) and <russellstover.us><\/strong> (registered in 2014). The brand also enjoys a notable social media presence with, for example, almost 50 thousand followers on Facebook at (https:\/\/www.facebook.com\/RussellStoverUS\/<\/a>), almost 18 thousand followers on Instagram (https:\/\/www.instagram.com\/russellstoverus\/<\/a>), and c.8 thousand followers on LinkedIn (https:\/\/www.linkedin.com\/company\/russell-stover-chocolates<\/a>).<\/p>\n The disputed domain name <russellstover.org> was registered on 30 March 2024. It resolved to a parking type\/advertising page that looked to be for a website design company. The Panel visited the domain on 9 September 2024 and it resolved to a similar but more sophisticated parking\/advertising page with advertising for template website design services. It was headed with the words “RussellStover is here.\" On 4 June 2014, the Complainant by its lawyers, send a cease and desist letter to the Respondent via the details on the WHOIS. There was no answer. The Registrar has revealed that the Respondent is an individual from Morocco named Yassine Haouzi, Rezgui.<\/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.<\/p>\n It says we are comparing the name and mark, russellstover, with the disputed domain name, <russellstover.org>, and they are identical and there is implied affiliation. The Complainant says that its mark is a highly distinctive trade mark and has a reputation. It cites a previous UDRP decision that acknowledged this reputation and renown, see Chocoladefabriken Lindt & Sprüngli AG v. Isaac Goldstein, WIPO Case No. D2015-2168: ‘The Domain Name is confusingly similar to the well-known trade mark, RUSSELL STOVER. When the Domain Name was registered (on July 7, 2015), RUSSELL STOVER was already internationally recognized in (at least) the field of confectionery products…’. It says the disputed domain name, is identical to this highly distinctive trade mark, and it fully incorporates it and\/or is it as the suffix is irrelevant for similarity.<\/p>\n The Complainant says the Respondent has no legitimate rights or interests in the disputed domain name.<\/p>\n As to Bad Faith, the Complainant says the disputed domain name was registered to confuse and mislead its clients and potential clients, to obtain a financial advantage by attracting web traffic, and mostly likely by using the disputed domain name for phishing purposes and to prevent or block the Complainant from using it and for cybersquatting. The Complainant notes that the MX or messaging servers have been configured. Evidence of this was provided.<\/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": [
"Victoria McEvedy"
],
"date_of_panel_decision": "2024-09-09 00:00:00",
"informal_english_translation": " The Complainant holds multiple trade marks for RUSSELL STOVER, covering many jurisdictions in classes 30 and 35. For example, these include the following registered word marks:<\/p>\n <\/p>\n RUSSELL STOVER<\/p>\n<\/td>\n United States<\/p>\n<\/td>\n 739454<\/p>\n<\/td>\n 16\/10\/1962<\/p>\n<\/td>\n 30<\/p>\n<\/td>\n<\/tr>\n RUSSELL STOVER<\/p>\n<\/td>\n International<\/p>\n<\/td>\n 1243266<\/p>\n<\/td>\n 28\/01\/2015<\/p>\n<\/td>\n 29, 30, 35, 43<\/p>\n<\/td>\n<\/tr>\n RUSSELL STOVER<\/p>\n<\/td>\n European Union<\/p>\n<\/td>\n 004342077<\/p>\n<\/td>\n 28\/04\/2006<\/p>\n<\/td>\n 30, 35<\/p>\n<\/td>\n<\/tr>\n RUSSELL STOVER<\/p>\n<\/td>\n Canada<\/p>\n<\/td>\n TMA442500<\/p>\n<\/td>\n 05\/05\/1995<\/p>\n<\/td>\n 30<\/p>\n<\/td>\n<\/tr>\n RUSSELL STOVER<\/p>\n<\/td>\n Mexico<\/p>\n<\/td>\n 421292<\/p>\n<\/td>\n 04\/09\/1992<\/p>\n<\/td>\n 30<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>",
"decision_domains": {
"russellstover.org": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n\n
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