{ "case_number": "CAC-UDRP-107485", "time_of_filling": "2025-04-16 11:29:12", "domain_names": [ "lindtbrazil.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Chocoladefabriken Lindt & Sprüngli AG " ], "complainant_representative": "SILKA AB", "respondent": [ "Marlene Fatima" ], "respondent_representative": null, "factual_background": "

The Complainant, founded in 1845, is a chocolate maker based in Switzerland. 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.<\/p>\n

 The disputed domain name was registered on March 22, 2025, and at the time of filing of the complaint, it resolved to a website in Portuguese that impersonates the Complainant’s official websites on the domain names <lindt.com> and <lindt.com.br>. At the time of the decision, the disputed domain name resolves to an inactive page.<\/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

In particular, the Complainant argues that the disputed domain name is confusingly similar to its well-known LINDT trademark as this trademark is contained in its entirety within the disputed domain name. Further, the Complainant contends that \".com\" gTLD is viewed as a standard registration requirement and as such is disregarded.<\/p>\n

Regarding the second UDRP element, the Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark, or apply for registration of the disputed domain name by the Complainant. The Respondent is also not commonly known by the disputed domain name. The Respondent has used the disputed domain name for a website that impersonates Complainant´s official website which cannot be considered as use in connection with a bona fide offering of goods or services.<\/p>\n

With respect to the third UDRP element, the Complainant holds that its LINDT trademark is well-known and that the Respondent has registered the disputed domain name with actual knowledge of the Complainant's trademark. The fact that the disputed domain name was used for a website that impersonates the Complainant's official website clearly indicates the Respondent's awareness of the Complainant and its LINDT trademark. Such use of the disputed domain name also clearly demonstrates bad faith on the Respondent's side. Finally, although now the disputed domain name does not resolve to any active website, that wouldn't prevent finding of bad faith in accordance with the doctrine of passive holding.<\/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": [ "Stefan Bojovic" ], "date_of_panel_decision": "2025-05-21 00:00:00", "informal_english_translation": "

The Complainant has demonstrated ownership of rights in the trademark LINDT for the purposes of standing to file a UDRP complaint.<\/p>\n

\n

In particular, the Complainant is the owner of trademark registrations for LINDT including the following:<\/span><\/p>\n