Hershey Chocolate & Confectionery LLC initiated a dispute against Michael Handell of NY BD Sports LLC regarding the domain hersheysales-co.com. The chocolate manufacturer argued that the registration was an unauthorized attempt to mimic its corporate identity. By combining a world-renowned trademark with generic business terms, the registrant created a web address that suggested an official affiliation or a dedicated wholesale portal, potentially misleading partners and consumers alike.
Rationale for the Domain Transfer
- The domain incorporates the globally recognized confectionery trademark in its entirety, merely appending the descriptive terms “sales” and “co,” which do not provide any distinct or unique identity.
- There was no evidence that the registrant held any permission to use the brand name or was known by that name in any legitimate business capacity prior to the dispute.
- The selection of the name indicates a specific intent to attract internet users by creating an association with the famous brand, likely for the purpose of commercial gain or misdirection.
Indicators of Deceptive Intent
The pairing of a legacy brand name with suffixes like “sales” is a common tactic used to impersonate official corporate departments. This approach aims to exploit the trust built by the trademark holder over decades. By establishing a domain that appears to be a legitimate branch of the company’s operations, the registrant sought to capture traffic intended for the actual brand owner, a move that provides no benefit to the public and serves only to compromise the integrity of the brand’s digital presence.
Lessons for Corporate Trademark Defense
This case highlights the ongoing risk posed by “combining marks,” where third parties pair a brand with functional keywords to bypass basic filters. For businesses, the primary takeaway is the importance of a proactive monitoring strategy that identifies these specific permutations of their brand name. Swift action through the established dispute resolution process remains the most effective way to prevent these domains from being used in phishing or unauthorized retail schemes.
If your brand is facing similar challenges with unauthorized domain registrations, the ClaimOn team is available to assist you in developing a comprehensive enforcement strategy to secure your digital assets and protect your reputation.
