{ "case_number": "CAC-UDRP-107797", "time_of_filling": "2025-07-30 07:18:51", "domain_names": [ "lindtusa.shop", "lindorsaleus.shop", "lindtus.shop", "superlindtsale.shop" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Chocoladefabriken Lindt &Sprüngli AG" ], "complainant_representative": "SILKA AB", "respondent": [ "tyhn dg" ], "respondent_representative": null, "factual_background": "

Founded in 1845, the Complainant is a Swiss chocolatier and confectionery company. As a leader in the market for premium quality chocolate, the Complainant offers a large selection of products in more than 120 countries around the world. The products are made at the Complainant’s 12 production sites in Europe and the United States of America, being distributed by 36 subsidiary companies and branch offices, in more than 500 own stores, and also via a comprehensive network of more than 100 independent distributors around the globe. With approximately 15,000 employees, the Complainant reported sales of CHF 5.47 billion in 2024 and an operating profit of CHF 884 million.<\/span><\/p>\n

One of the Complainant’s most successful products is its popular LINDOR chocolate. The recipe for the Lindor filling is a closely guarded secret. <\/span><\/p>\n

The Complainant highlighted in its Complaint that the Unites States of America is the world’s largest chocolate market and the Complainant’s sales grew there in 2024 by 4.9% to USD 843 million. For the first time ever, the Complainant secured an advertisement placement in the Super Bowl, one of the biggest sporting events in the country, which reached a record-breaking 124 million viewers, significantly boosting brand awareness and sales.<\/span><\/p>\n

The Complainant has an online presence through, inter alia, the domain name <lindtusa.com>, registered on October 11, 2001, which displays information about the Complainant and its activities in the United States of America. <\/span><\/p>\n

The disputed domain names were registered as follows: <lindtusa.shop> was registered on 26 June 2025, <lindorsaleus.shop> was registered on 26 June 2025, <lindtus.shop> was registered on 3 July 2025, <superlindtsale.shop> was registered on 23 June 2025, being at the time of the decision inactive, but previously resolved to websites in English language, in which the Complainant’s LINDT and LINDOR marks were reproduced on top and where LINDT and LINDOR-branded goods, amongst others, were purportedly offered for sale, without any note, information or disclaimer in a prominent manner pointing out that the owner of the websites had no relationship with the Complainant.<\/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 names.<\/p>", "no_response_filed": "

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The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/o:p><\/span><\/p>\n<\/div>\n

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The Complainant's contentions are the following:<\/o:p><\/span><\/p>\n<\/div>\n

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The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it. The disputed domain names <\/span><lindtusa.shop>, <lindorsaleus.shop>, <lindtus.shop> and <superlindtsale.shop> <\/span>are confusingly similar to the Complainant's earlier well-known trademarks LINDT and LINDOR, that the Respondent lacks rights or legitimate interests in the disputed domain names for a number of reasons and that the disputed domain names were registered and are being used in bad faith.<\/o:p><\/span><\/p>\n<\/div>\n

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No administratively compliant Response has been filed.<\/o:p><\/span><\/p>\n<\/div>", "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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2025-09-08 00:00:00", "informal_english_translation": "

The Complainant bases its Complaint among others on the following trademarks: <\/span><\/p>\n

    \n
  • International trademark registration “LINDOR”, no. 936943, registered on 27 July 2007, for goods and services in classes 06, 14, 16, 18, 21, 25, 28, 41<\/span>;<\/li>\n
  • United States national trademark “LINDOR”, no. 1729638, registered on 3 November 1992, for goods in class 30; <\/span><\/li>\n
  • United States national trademark “LINDT”, no. 87306, registered on 9 July 1912, for goods in class 30; <\/span><\/li>\n
  • International trademark registration “LINDT”, no. 348017, registered since 30 August 1968, for goods in class 30.<\/span><\/li>\n<\/ul>", "decision_domains": { "lindtusa.shop": "TRANSFERRED", "lindorsaleus.shop": "TRANSFERRED", "lindtus.shop": "TRANSFERRED", "superlindtsale.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }