{ "case_number": "CAC-UDRP-107574", "time_of_filling": "2025-05-14 14:06:57", "domain_names": [ "lindtstores.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Chocoladefabriken Lindt & Sprüngli AG" ], "complainant_representative": "SILKA AB", "respondent": [ "Maria Mourao" ], "respondent_representative": null, "factual_background": "

The Complainant, founded in 1845, is a well-known chocolate manufacturer based in Switzerland. As a leader in the market for premium quality chocolate, the Complainant produces chocolates at 12 proprietary production facilities located across Europe and the United States. These products are distributed through 38 subsidiaries and branch offices, as well as a network of over 100 independent distributors worldwide. The Complainant also operates more than 500 proprietary retail outlets. Employing approximately 15,000 individuals, the Complainant reported consolidated sales of CHF 5.47 billion in 2024.<\/o:p><\/span><\/p>\n

The Complainant and its affiliated entities hold numerous domain names that encompass the LINDT<\/span><\/strong> <\/b>mark. These domain names are actively used to promote the Complainant’s products across a wide range of jurisdictions worldwide. The Complainant is consistently featured in rankings of the largest and most renowned chocolate brands and manufacturers globally. Furthermore, the Complainant has successfully prevailed as the Complainant in numerous domain name dispute proceedings involving the LINDT<\/span><\/strong> brand.<\/o:p><\/span><\/p>\n

The disputed domain name was registered on April 8, 2025. It previously resolved to a website that impersonated or falsely purported to be an official site of the Complainant. That website prominently and repeatedly displayed the LINDT<\/span><\/strong> mark and logo in connection with the purported sale of discounted LINDT<\/span><\/strong>-branded chocolates. At present, the disputed domain name no longer resolves to an active website.<\/o:p><\/span><\/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:<\/p>\n

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

(i) The Complainant holds rights in the trademark LINDT, as set forth in the \"Identification of Rights\" section above. The disputed domain name is confusingly similar to the Complainant’s trademark LINDT, as it incorporates the LINDT mark in its entirety, followed only by the descriptive term “stores.”<\/p>\n

(ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is neither licensed nor otherwise authorized to use the Complainant’s LINDT mark, nor is the Respondent commonly known by the disputed domain name. Moreover, the Respondent does not use the disputed domain name for any bona fide<\/em> offering of goods or services, nor for any legitimate noncommercial or fair use. Rather, the disputed domain name previously resolved to a website that impersonated or passed off as an official website of the Complainant. The site prominently and repeatedly displayed the LINDT mark and logo in connection with the purported sale of discounted LINDT-branded chocolates. The Respondent did not accurately and prominently disclose its lack of affiliation with the Complainant. At present, the disputed domain name no longer resolves to an active website.<\/p>\n

(iii) The disputed domain name was registered and is being used in bad faith, thereby satisfying the cumulative requirement under the Policy that both bad faith registration and bad faith use be established. The Respondent registered the disputed domain name incorporating the well-known and widely recognized LINDT trademark, despite having no rights or legitimate interests in doing so. The website to which the disputed domain name previously resolved impersonated or passed off as an official website of the Complainant, prominently displaying the LINDT mark and logo in multiple locations in connection with the purported sale of discounted LINDT-branded chocolates. The Respondent failed to provide any accurate or prominent disclaimer of its lack of affiliation with the Complainant. At present, the disputed domain name no longer resolves to an active website. The Respondent also appears to have deceptively collected users’ personal information by presenting the website as being authorized by the Complainant, thereby creating a significant phishing risk. The misleading presentation of the website strongly suggests an intent to exploit the collected information for future fraudulent purposes, such as phishing campaigns or other brand-related scams. In addition, following disclosure of the underlying registrant information by the applicable registrar, it is evident that the Respondent registered the disputed domain name using false details. The disclosed registrant identity, “Maria Mourao,” has also been identified as the respondent in another recent UDRP proceeding. <\/p>\n

RESPONDENT:<\/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": [ "Mr. Ho-Hyun Nahm Esq." ], "date_of_panel_decision": "2025-06-12 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of the trademark LINDT<\/span><\/strong>, registered in Germany, the United States, Canada, Brazil, Switzerland, Australia, and with the WIPO and the EUIPO, inter alia<\/span><\/em>, as follows:<\/o:p><\/span><\/p>\n

• GPTO Reg. No. 91037, registered on September 27, 1906;
• USPTO Reg. No. 87306, registered on July 9, 1912;
• International Reg. No. 217838, registered on March 2, 1959; and
• EUIPO Reg. No. 000134007, registered on September 7, 1998.<\/o:p><\/span><\/p>", "decision_domains": { "lindtstores.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }