WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2021-0025
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.
The Petitioner claims that the Domain Name shall be transferred to the Petitioner.
6. Parties’ Contentions
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.
The Domain Name shall be transferred to the Petitioner.
Date: October 1, 2021