{ "case_number": "CAC-UDRP-106981", "time_of_filling": "2025-03-26 17:53:01", "domain_names": [ "lindtvietnam.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Chocoladefabriken Lindt & Sprüngli AG" ], "complainant_representative": "SILKA AB", "respondent": [ "Nguyen Linh (nxwhey@gmail.com)" ], "respondent_representative": null, "factual_background": "

The Complainant, founded in 1845, is globally well-known as the leading premium quality chocolate maker based in Switzerland. LINDT goods are also available in Vietnam through various retailers and distributors.<\/p>\n

The Complainant also owns domain names containing the trademark LINDT, such as the domain names <lindt.com>, <lindt.ch>, <lindt.cn>, etc. The Complainant is also the holder of <lindt.vn> domain name and uses <lindt-spruengli.com> for its main corporate website.<\/p>\n

The disputed domain name <lindtvietnam.com> was registered on May 6, 2023, i.e. many years after the first registration of the Complainant’s LINDT globally well-known trademark, and resolved to a site which contains pay-per-click (‘PPC’) links, under categories including ‘Chocolate Gifts’, that compete with the Complainant’s confectionery-related offerings.<\/p>\n

The Complainant’s representatives sent cease-and-desist correspondence to the Respondent via the registrar’s registrant contact form at the end of January and in early February. The Respondent has not responded to these messages.<\/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": [ "Darius Sauliūnas" ], "date_of_panel_decision": "2025-05-08 00:00:00", "informal_english_translation": "

Chocoladefabriken Lindt & Sprüngli AG (the “Complainant”) is the owner of the European Union trademark LINDT, registered on September 7, 1998 (Reg. No. 134007), in class 30. There are many other national and international registrations of this trademark, including with designation to Vietnam, registered on July 22, 2004 (Reg. No. 839882), in classes 35 and 43.<\/p>", "decision_domains": { "lindtvietnam.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }