About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

WIPO Arbitration and Mediation Center

Alternative Dispute Resolution Proceeding

Accelerated Proceeding

Case No. DSE2021-0025

1. Petitioner

The Petitioner is LEGO Juris A/S, Denmark, represented by CSC Digital Brand Services Group AB, Sweden.

2. Domain Holder

The Domain Holder is V.V., Anonymouse Domains s.r.o., Czech Republic.

3. Domain Name and Procedural History

This Alternative Dispute Resolution proceeding relates to the domain name <legoshoppensverige.se> (the “Domain Name”).

This Petition was filed under the Terms and Conditions of registration (the “.se Policy”) and the Instructions governing Alternative Dispute Resolution proceeding for domain names in the top-level domain .se (the “.se Rules”).

The WIPO Arbitration and Mediation Center (“the Center”) verified that the Petition satisfied the formal requirements of the .se Policy and the .se Rules. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on August 17, 2021. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on September 16, 2021.

The Center appointed Peter Hedberg as the sole Arbitrator in this matter on September 21, 2021. The Arbitrator has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with Section 1 of the .se Rules.

4. Factual Background

The Petitioner is a Danish company and the holder of several trademark registrations for LEGO, as example a European trademark registration No. 000039800, LEGO, registered on October 5, 1998, and the Domain Name was registered in December 2020. The Domain Name resolved to a site claiming to sell and buy old LEGO products.

The Petitioner has elected to have the dispute decided as an Accelerated Proceeding if the Domain Holder does not respond to the Petition. Since the Domain Holder has failed to file a Response to the Petition, within the deadline indicated in the Notification of Petition and Commencement of Administrative Proceeding, the case is handled as an Accelerated Proceeding in accordance with the Petitioner’s request.

5. Claim

The Petitioner claims that the Domain Name shall be transferred to the Petitioner.

6. Parties’ Contentions

A. Petitioner

The Domain Name <legoshoppensverige.se> is identical or confusingly similar to a distinguishing product and business feature, namely the trademark LEGO and the company name LEGO Juris A/S.

The Domain Name <legoshoppensverige.se> was registered and is being used in bad faith to attract users to a commercial website that is selling Petitioner's products in an attempt to divert traffic and benefit from the goodwill and repute of the LEGO brand.

The Domain Holder is not known by that name nor does it hold rights in the name (LEGO). The Domain Name was obviously registered with the intention of referencing Petitioner's LEGO trademark in order to generate traffic and income through a website. Such use does not bestow rights nor justified interest in the Domain Name.

B. Domain Holder

The Domain Holder did not respond to the Petition.

7. Discussion and Findings

A. The Domain Name is identical or similar to a name which is legally recognized in Sweden and to which the Petitioner can prove its rights

The Petitioner is the holder of several trademarks containing the word LEGO. The Domain Name is identical or similar to trademarks held by the Petitioner.

B. The Domain Name has been registered or used in bad faith

LEGO is a well known trademark and the Domain Holder must have been aware of the Petitioner’s trademarks rights connected to LEGO prior to registration of the Domain Name. The Domain Name was registered by the Domain Holder without consent from the Petitioner. The conclusion is that the registration was made in bad faith. Furthermore, the use of the Domain Name is in bad faith to attract Internet users to a commercial website that is selling Petitioner’s products (without a disclaimer indicating the lack of relationship between them) in an attempt to divert traffic and benefit from the goodwill and repute of the LEGO brand.

C. The Domain Holder has no rights or justified interest in the Domain Name

No circumstance has arisen that would indicate that the Domain Holder has any right or justified interest in the Domain name.

8. Decision

The Domain Name shall be transferred to the Petitioner.

Peter Hedberg
Date: October 1, 2021

https://www3.wipo.int/contact/en/area.jsp?area=arbitration https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/podcasts/en/ https://www.wipo.int/news/en/