Five Below Secures Transfer of Infringing “Dumpling” Domain

Five Below, Inc. initiated a UDRP proceeding against Gustavo Henrique regarding the registration of <fivebelowdumpling.com>. The Complainant sought the transfer of the domain, asserting that the Respondent had registered the address without any authorization or affiliation with the established retail brand. The Complainant argued that the inclusion of its protected trademark alongside a descriptive term was a deliberate attempt to exploit its commercial reputation and mislead the public into believing the website was an official extension of the brand.

Why the Domain Registration was Deemed Unauthorized

The decision noted that the domain name incorporates the Complainant’s entire trademark as its primary element. By adding the word “dumpling” to the end of the brand name, the Respondent created a string that remains visually and aurally linked to the retailer, suggesting a specific product line or a promotional site belonging to the Complainant. There was no evidence that the Respondent was commonly known by the name or had any prior rights to the term before the Complainant’s marks became famous. Furthermore, the circumstances surrounding the registration indicated that the Respondent targeted the Complainant’s intellectual property to attract internet users to a website for commercial gain. The lack of any active, non-commercial, or fair use of the domain further supported the conclusion that the registration was intended to disrupt the Complainant’s business and profit from the resulting consumer diversion.

Strategic Lessons for Brand Monitoring

This case highlights a common tactic where third parties register “combination” domains—pairing a famous mark with generic or industry-specific words. For businesses, the takeaway is that such additions do not provide a “safe harbor” for registrants. Enforcement remains effective even when the infringing domain is not an exact match, provided the brand remains the dominant and recognizable component. Brands should regularly audit the digital landscape for these variations to prevent the erosion of their trademark’s exclusivity and to protect customers from potential phishing or counterfeit operations.
If you are dealing with unauthorized registrations that mimic your brand identity, the ClaimOn team can assist you in developing a comprehensive enforcement plan to reclaim your assets and secure your digital perimeter.