The Complainant, founded in 1845, is a well-known chocolate maker based in Switzerland. It is a leader in the market of premium quality chocolate and has 11 production sites in Europe and the United States. Its many, over 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.<\/p>\n
The Respondent is one person, Candie Deloach (Excella) , with an address and a telephone number in the USA and he registered the disputed domain names.<\/p>\n
The seven disputed domain names are <lindtisa.com>, <lindtsa.com>, <lindtua.com>, <lindtuaa.com>, <lindtuda.com>, <lindtuss.com> and <lindtysa.com> (collectively ‘the disputed domain names’).<\/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 names.<\/p>", "no_response_filed": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n
No administratively compliant Response has been filed.<\/p>",
"rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": "2025-04-04 00:00:00", "informal_english_translation": "
The Complainant has a substantial portfolio of registered national and international marks for the word mark LINDT in classes 30 and 32 including:<\/p>\n
An EUTM for the word mark, LINDT, reg. no. 000134007 registered on September 7, 1998;<\/p>\n
2. A US Mark for the word mark, LINDT, reg. no. 87306 registered on July 9, 1912;<\/p>\n
3. A Swiss national mark for the word mark, LINDT, reg. no.2P-349150 registered on October 29, 1986.<\/p>\n<\/li>\n<\/ol>\n
<\/p>\n
The Complainant also has a portfolio of domain names including include <lindt.com>, <lindt.ch>, <lindt.co.uk>, <lindt.se>, <lindt.com.nl>, <lindt.it>, <lindtusa.com>, <lindt.ca>, <lindt.com.br>, <lindt.jp>, <lindt.cn>, <lindt.com.au> and <lindt-spruengli.com.> <\/strong>As well as social media accounts.<\/p>\n The Complainant says it is a well-known or famous mark and it has been recognised in many previous decisions including: Chocoladefabriken Lindt & Sprüngli AG v. Dirk Zagers, CAC-UDRP-106852 (2024); Chocoladefabriken Lindt & Sprüngli AG v. gabriel araujo, CAC-UDRP-106723 (2024); Chocoladefabriken Lindt & Sprüngli AG v. Gilberto Lopes Teixeira Da Silva (Fox Intermediacoes Ltda), CAC-UDRP-106611 (2024); Chocoladefabriken Lindt & Sprüngli AG v. ARJONES NEGOCIOS LTDA, CAC-UDRP-106521 (2024) and Chocoladefabriken Lindt & Sprüngli AG v. Gabriel Schmidt, CAC-UDRP-106520 (2024).<\/p>\n <\/p>",
"decision_domains": {
"lindtisa.com": "TRANSFERRED",
"lindtsa.com": "TRANSFERRED",
"lindtua.com": "TRANSFERRED",
"lindtuaa.com": "TRANSFERRED",
"lindtuda.com": "TRANSFERRED",
"lindtuss.com": "TRANSFERRED",
"lindtysa.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}