{ "case_number": "CAC-UDRP-108889", "time_of_filling": "2026-07-31 14:56:56", "domain_names": [ "nestlemarket.com" ], "case_administrator": "Olga Slanařová (Case admin)", "complainant": [ "Société des Produits Nestlé S.A. " ], "complainant_representative": "Thomsen Trampedach GmbH", "respondent": [ "Luo Ping" ], "respondent_representative": null, "factual_background": "

The Complainant, Societe des Produits Nestle S.A, is a renowned Swiss company engaged in the manufacture and distribution of a broad range of food products and related goods and services and has been so engaged since 1866. It is a subsidiary of Nestle S.A., the main operating company in the famous Nestle Group.<\/p>\n

The Complainant provides its goods and services under the NESTLE trademark.<\/p>\n

As well as the NESTLE trademark, the Complainant has registered the domain name <nestle.com> and numerous other domain names incorporating the NESTLE trademark which it uses in its business to promote its goods and services under its NESTLE trademark on the internet and to enable consumers to avail themselves of the Complainant's goods and services.<\/p>\n

It has come to the notice of the Complainant that, without any permission to do so, and well after the Complainant had acquired its aforesaid trademark rights, the Respondent registered the domain name <nestlemarket.com><\/strong> (\"the Disputed Domain Name\") on June 14, 2026 which consists of the NESTLE trademark, the generic word “market” and the Top Level Domain “.com.” The Complainant maintains that this is a clear infringement of its NESTLE trademark and the Policy.<\/p>\n

The Disputed Domain Name was initially registered and used to host a website that impersonated the Complainant and purported to offer products of the Complainant for sale. At the instigation of the Complainant, that website was taken down. However, the Disputed Domain Name was re-registered on June 14, 2026 and was caused to resolve to a Chinese-language website where images of allegedly genuine products of the Complainant were displayed and used as a bait for a fraudulent investment scheme. The Disputed Domain Name has remained registered but it does not now resolve to an active website. The Complainant has become increasingly concerned that while it remains registered, the Disputed Domain Name has the potential to be used at any time in the future for improper and illegal purposes. The Complainant has therefore come to the conclusion that it should institute this proceeding to protect its trademark rights and to protect innocent internet users who may be induced to believe that the Disputed Domain Name and any website to which it resolves are genuine, whereas in fact they will be entirely illegal. The Complainant therefore brings this proceeding to obtain the transfer of the Disputed Domain Name to itself.<\/p>\n

The Complainant therefore seeks to have the Disputed Domain Name transferred to itself on the grounds that it is confusingly similar to the NESTLE trademark, that the Respondent has no rights or legitimate interests in it and that the Respondent has registered and used it in bad faith.<\/p>\n

The Complainant has therefore brought this proceeding under the Uniform Domain Name Dispute Resolution Policy (\"the Policy\") to obtain the transfer of the Disputed Domain Name and thus achieve the cessation of the improper uses to which it has been put.<\/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<\/p>\n

    \n
  1. The Complainant is a renowned Swiss company engaged in the manufacture and distribution of a broad range of food products and related goods and services and has been so engaged since 1866. It is a subsidiary of Nestle S.A., the main operating company in the famous Nestle Group.<\/li>\n
  2. The Complainant provides its goods and services under the trademark for NESTLE.<\/li>\n
  3. The Complainant acquired its trademark rights in NESTLE by its registration of the foregoing trademark (“the NESTLE trademark”).<\/li>\n
  4. The Respondent registered the domain name <nestlemarket.com> on June 14, 2026 (\"the Disputed Domain Name\").<\/li>\n
  5. The Disputed Domain Name is confusingly similar to the NESTLE trademark because it includes the entirety of the NESTLE trademark with the addition of the generic word “market” and the addition of the Top Level Domain “.com.” In particular, the Complainant submits that internet users would take the Disputed Domain Name to be a domain name of the Complainant or one that is authorized by it. Moreover, the Complainant submits that the presence of the word “market” would not result in the negation of that conclusion, because internet users would assume that it dealt with the provision of the Complainant’s goods and services through a market or related means of acquisition.<\/li>\n
  6. As a consequence, it is submitted that the Disputed Domain Name would be understood by internet users to be invoking the Complainant and its trademark, although the Respondent had no authority to do so.<\/li>\n
  7. The Respondent has no rights or legitimate interests in the Disputed Domain Name. That is submitted on the following grounds, namely that:<\/li>\n<\/ol>\n

         (a) the Respondent does not have any trademark rights in NESTLE or any similar expression, which is the first and dominant feature of the Disputed Domain Name;<\/p>\n

         (b) the Respondent has not used the Disputed Domain Name for a bona fide offering of goods or services within the meaning of paragraph 4(c)(i) of the Policy;<\/p>\n

         (c) the Respondent has not made a legitimate noncommercial or fair use of the Disputed Domain Name within the meaning of paragraph 4(c)(iii) of the Policy;<\/p>\n

         (d) the Respondent is not commonly known by the Disputed Domain Name within the meaning of paragraph 4(c)(ii) of the Policy;<\/p>\n

         (e) there is no affiliation, business or other relationship between the Complainant and the Respondent; and<\/p>\n

         (f) there is no other ground on which it could conceivably be argued that the Respondent has a right or legitimate interest in the Disputed Domain Name.<\/p>\n

         8. The Respondent has registered and used the Disputed Domain Name in bad faith on the grounds that:<\/p>\n

         (a) in constructing the Disputed Domain Name, the Respondent has included the Complainant’s famous NESTLE trademark which gives rise to the presumption that internet users would read the         domain name as one that is connected with the Complainant, which it is not;<\/p>\n

         (b) the Respondent has targeted the Complainant’s famous NESTLE trademark;<\/p>\n

         (c) the Disputed Domain Name was initially registered and used to host a website that impersonated the Complainant and purported to offer products of the Complainant for sale; at the                 instigation of the Complainant, that website was taken down; however, the Disputed Domain Name was re-registered on June 14, 2026 and was caused to resolve to a Chinese-language website         where images of allegedly genuine products of the Complainant were displayed and used as a bait for a fraudulent investment scheme; the Disputed Domain Name has remained registered, does   not now resolve to an active website and is passively held with the potential for it to be used in the future for improper and illegal purposes either by the Respondent or another party who might   acquire it;<\/p>\n

         (d) the aforesaid conduct of the Respondent has the potential to disrupt the Complainant’s business within the meaning of paragraph 4 (b)(iii) of the Policy;<\/p>\n

         (e) the aforesaid conduct of the Respondent has the potential to generate confusion within the meaning of paragraph 4 (b)(iv) of the Policy;<\/p>\n

         (f) the Respondent had actual knowledge of the trademark and the Complainant's rights in it when the Respondent registered the Disputed Domain Name; and<\/p>\n

        (g) there is no plausible ground on which it could be argued that the Disputed Domain Name was registered and used otherwise than in bad faith.<\/p>\n

    Accordingly, it is submitted that the Complainant will be able to establish all of the elements it is required to prove and that it is entitled to the relief that is seeks, namely transfer of the Disputed Domain Name to itself.<\/p>\n

    THE Respondent<\/p>\n

    The Respondent did not file a Response that was administratively compliant.<\/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": [ "Neil Brown" ], "date_of_panel_decision": "2026-09-05 00:00:00", "informal_english_translation": "

    The Complainant has established that it owns the following registered trademarks:<\/p>\n

    (a) the International trademark for NESTLE, registered number 793804, registered with The World Intellectual Property Organisation (WIPO) on December 20, 2002 and designating over 20 countries;<\/p>\n

    (b) numerous other national and international trademark registrations for NESTLE;<\/p>\n

    (collectively the “NESTLE trademark“).<\/p>", "decision_domains": { "nestlemarket.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }