{
    "case_number": "CAC-UDRP-107745",
    "time_of_filling": "2025-08-25 12:55:11",
    "domain_names": [
        "maggipoints.com",
        "maggiepoints.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Société des Produits Nestlé S.A."
    ],
    "complainant_representative": "Markus Rouvinen (Thomsen Trampedach GmbH)",
    "respondent": [
        "Kam Luther"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant, Soci&eacute;t&eacute; des Produits Nestl&eacute; S.A., is a wholly owned subsidiary of Nestl&eacute; S.A., the main operating company in the Nestl&eacute; group. The Nestl&eacute; Group is active in the sale of food products and related services worldwide. The Complainant has provided evidence of ownership of the registrations for the marks&nbsp;<strong>\"MAGGI&rdquo;<\/strong>.<\/p>\n<p>The disputed domain names&nbsp;<strong>&lt;maggipoints.com&gt;<\/strong>&nbsp;and <strong>&lt;maggiepoints.com&gt;<\/strong>&nbsp;were registered respectively on May 5, 2023 and April 8, 2023.<\/p>",
    "other_legal_proceedings": "<p>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": "<p><strong>COMPLAINANT:<\/strong><\/p>\n<p>The disputed domain name is confusingly similar to the Complainant&rsquo;s trademarks MAGGI, with the addition of the generic term &ldquo;points&rdquo; and the letter &ldquo;e&rdquo; in one of the disputed domain names. The Complainant submits that these additions are not sufficient to discard the confusing similarity. The top-level domain does not change the overall impression that the disputed domain name is connected to the Complainant.<\/p>\n<p>&nbsp;<\/p>\n<p>The Respondent has not used the disputed domain names in relation to a bona fide offering of goods or services, as they were used in connection with a website offering similar goods to those covered by the trademarks of the Complainant. The disputed domain names now resolve to an error page and an active page with no connection to the Complainant. The Complainant additionally submits that the Respondent is not commonly known by the disputed domain names and has acquired no trademarks.<\/p>\n<p>&nbsp;<\/p>\n<p>As regards the bad faith of the Respondent, the disputed domain names include the well-known trademark MAGGI and create a false affiliation with the Complainant. The Respondent has used the MAGGI mark as a source identifier in an appropriation of the Complainant&rsquo;s mark and goodwill. It is reasonable to infer that the Respondent has registered the domain names with full knowledge of the Complainant's trademarks.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong>RESPONDENT:<\/strong><\/p>\n<p>No administratively compliant response has been filed.&nbsp;<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Arthur Fouré"
    ],
    "date_of_panel_decision": "2025-10-03 00:00:00",
    "informal_english_translation": "<p>The Complainant has provided evidence of ownership of the following trademarks:<\/p>\n<ul>\n<li><strong>International trademark MAGGI&nbsp;<\/strong>registered on January 7, 1971, under No. 375835, duly renewed and designating goods in international classes 01, 05, 29, 30, 31 and 32;<\/li>\n<li><strong>US trademark MAGGI&nbsp;<\/strong>registered on January 02, 1940, under No. 374072, duly renewed and designating goods in international classes 01, 05, 29, 30, 31 and 32;<\/li>\n<li><strong>US trademark MAGGI&nbsp;<\/strong>registered on August 07, 2012, under No. 4186625, duly renewed and designating goods in international class 30;<\/li>\n<li><strong>US trademark MAGGI&nbsp;<\/strong>registered on August 25, 1981, under No. 1166673, duly renewed and designating goods in international class 29;<\/li>\n<\/ul>",
    "decision_domains": {
        "maggipoints.com": "TRANSFERRED",
        "maggiepoints.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}