I - The Complainant<\/p>\n
The Complainant is a well-known chocolate maker based in Switzerland. Over the years, the Complainant expanded its brand portfolio abroad and acquired chocolate businesses including <\/span>Ghirardelli<\/em> <\/span>(1998).<\/p>\n Ghirardelli is one of the oldest US chocolate companies, active also with the website www.ghirardelli.com registered in 1998.<\/p>\n II - The disputed domain name and the Respondent<\/p>\n <ghirardellichocolateparadise85.shop> was registered on August 6, 2024 by Qin Shu.<\/p>",
"other_legal_proceedings": " The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>",
"no_response_filed": " The Complainant supports that the disputed domain name is confusingly similar to its prior trademarks since the sign \"GHIRARDELLI\" is entirely comprised in the disputed domain name. The addition of the generic\/descriptive elements \"chocolate\", \"paradise\" and \"85\" do not exclude the likelihood of confusion.<\/p>\n The Complainant denies that the Respondent has any rights on the disputed domain name nor that the use of it amounts to a legitimate non-commercial use or a bona fide offering of goods and services for the purpose of the Policy.<\/p>\n The Complainant contends that the disputed domain name was registered in bad faith as at the time of the registration the Respondent was certainly aware of the Complainant exclusive rights on the trademark GHIRARDELLI. Furthermore, the use of the disputed domain name is considered in bad faith as the website to which <ghirardellichocolateparadise85.shop> redirected was confusingly similar to the Complainant's website and reproduced the Complainant's trademark used in the same field of business in which the Complainant is active.<\/p>\n No administratively compliant Response has been filed.<\/p>",
"rights": " The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
"no_rights_or_legitimate_interests": " The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
"bad_faith": " The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
"procedural_factors": " The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>",
"decision": "Accepted",
"panelists": [
"Andrea Mascetti"
],
"date_of_panel_decision": "2024-11-02 00:00:00",
"informal_english_translation": " The Complainant proved to be the owner of the following trademark registrations:<\/p>\n Trademark<\/strong><\/p>\n<\/td>\n Origin<\/strong><\/p>\n<\/td>\n Registration Number<\/strong><\/p>\n<\/td>\n Registration Date<\/strong><\/p>\n<\/td>\n Class(es) Covered<\/strong><\/p>\n<\/td>\n<\/tr>\n GHIRARDELLI<\/p>\n<\/td>\n United States<\/p>\n<\/td>\n 205776<\/p>\n<\/td>\n 17 Nov 1925<\/p>\n<\/td>\n 30<\/p>\n<\/td>\n<\/tr>\n GHIRARDELLI<\/p>\n<\/td>\n United States<\/p>\n<\/td>\n 1645206<\/p>\n<\/td>\n 21 May 1991<\/p>\n<\/td>\n 16, 18, 21, 25, 30, 42<\/p>\n<\/td>\n<\/tr>\n GHIRARDELLI<\/p>\n<\/td>\n United States<\/p>\n<\/td>\n 3508893<\/p>\n<\/td>\n 30 Sep 2008<\/p>\n<\/td>\n 6, 16, 18, 21, 25, 28<\/p>\n<\/td>\n<\/tr>\n GHIRARDELLI<\/p>\n<\/td>\n European Union<\/p>\n<\/td>\n 003716453<\/p>\n<\/td>\n 27 Jul 2005<\/p>\n<\/td>\n 30, 35, 42, 43<\/p>\n<\/td>\n<\/tr>\n GHIRARDELLI<\/p>\n<\/td>\n International<\/p>\n<\/td>\n 826074<\/p>\n<\/td>\n 30 Mar 2004<\/p>\n<\/td>\n 30, 35, 43<\/p>\n<\/td>\n<\/tr>\n GHIRARDELLI<\/p>\n<\/td>\n International<\/p>\n<\/td>\n 936941<\/p>\n<\/td>\n 27 Jul 2007<\/p>\n<\/td>\n 6, 14, 16, 18, 21, 25, 28, 41<\/p>\n<\/td>\n<\/tr>\n GHIRARDELLI<\/p>\n<\/td>\n Canada<\/p>\n<\/td>\n TMA378615<\/p>\n<\/td>\n 18 Jan 1991<\/p>\n<\/td>\n 30<\/p>\n<\/td>\n<\/tr>\n GHIRARDELLI<\/p>\n<\/td>\n Canada<\/p>\n<\/td>\n TMA763505<\/p>\n<\/td>\n 8 Apr 2010<\/p>\n<\/td>\n 16, 18, 21, 25, 30, 35, 43<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>",
"decision_domains": {
"ghirardellichocolateparadise85.shop": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n\n
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