Lidl Stiftung & Co. KG v. REDACTED PRIVACY et al.
Claim Number: FA2010001917727
Complainant: Lidl Stiftung & Co. KG of Neckarsulm, Germany.
Complainant Representative: HK2 Rechtsanwälte of Berlin, Germany.
Respondent: Daniel Morgan of New York, New York, US.
REGISTRIES and REGISTRARS
Registry: DotGift, LLC
Registrar: NameCheap, Inc.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Alan L. Limbury, as Examiner.
Complainant submitted: October 21, 2020
Commencement: October 22, 2020
Default Date: November 9, 2020
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant belongs to the LIDL-Group, a discount supermarket chain based in Germany, which operates more than 10,000 stores in 29 countries. The domain name was registered on October 17, 2020. It resolves to a website at which a raffle directed at German internet users for “LiDL BonusEuros” is hosted. It is prominently stated on the website “Lidl gibt Geschenke”, (German for “Lidl gives gifts”).
Even though Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended:
[URS 1.2.6.1] The registered domain name is identical or confusingly similar to a word mark:
(i) for which Complainant holds a valid national or regional registration and that is in current use; or
(ii) that has been validated through court proceedings; or
(iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.
Determined: Finding for Complainant
Complainant is the owner of European Community Trademark No. 006460562 LIDL in several international classes, registered on October 20, 2008. Complainant has registered the LIDL mark with the Trademark Clearinghouse. This establishes that the mark is in current use.
The disputed domain name <lidl.gift> is identical to Complainant’s LIDL mark since it contains the mark in its entirety. The gTLD “.gift” may be disregarded when considering this element.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Complainant asserts that it has not authorized Respondent to use its LIDL mark nor to register the domain name and is not affiliated with Respondent. Respondent is not commonly known by the domain name, which is not being used for a bona fide offering of goods or services.
The domain name was registered many years after Complainant established a significant reputation in the LIDL mark. The website to which the domain name resolves has the look and feel of a website associated with Complainant. The statement “Lidl gibt Geschenke” amounts to a representation that Complainant is responsible for the raffle. These circumstances, coupled with Complainant’s assertions, amount to a prima facie case that Respondent has no rights or legitimate interests in the domain name.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith.
Determined: Finding for Complainant
The Examiner finds that Respondent must have had knowledge of Complainant´s trademark when registering the domain name and did so in bad faith in order to masquerade as Complainant for commercial gain.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence, The Examiner hereby Orders the following domain name be SUSPENDED for the duration of the registration:
<lidl.gift>
Alan L. Limbury, Examiner
Dated: November 11, 2020
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page