{
    "case_number": "CAC-UDRP-107961",
    "time_of_filling": "2025-09-17 15:15:25",
    "domain_names": [
        "ghirdelli.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Chocoladefabriken Lindt & Sprüngli AG"
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Carolina Rodrigues (Fundacion Comercio Electronico)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant, founded in 1845, is a chocolate maker based in Switzerland doing business worldwide. The Complainant with around 15.000 employees runs more than 500 own shops. In 1998 the Complainant acquired one of the oldest United States of America chocolate companies, Ghirardelli, founded in 1852.<br \/>The Panel recognizes the distinctive and well-known character of Complainant&acute;s GHIRARDELLI trademark. The Complainant holds a portfolio of domain names incorporating the GHIRARDELLI mark across various generic and country-code top-level domains where &lt;ghirardelli.com&gt; is its official website.<\/p>\n<p>The disputed domain name &lt;ghirdelli.com&gt; was registered on July 22, 2025 and resolves to a pay-per-click (&lsquo;PPC&rsquo;) landing page displaying advertising links to third-party providers of chocolate-related products as it appears in a screenshot produced by the Complainant on September 11, 2025.<\/p>\n<p>On August 18, 2025 the Complainant sent a cease-and-desist letter using the privacy-protected e-mail address listed in the disputed domain name&rsquo;s registration record. The Respondent did not reply.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>THE COMPLAINANT&nbsp;<\/p>\n<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n<p>In particular, the Complainant contends that the disputed domain name consists of a misspelling of the Complainant&rsquo;s GHIRARDELLI mark, specifically omitting the letters &lsquo;ar&rsquo; following the first &lsquo;r&rsquo; but where the trademark remains recognizable. Thus, the dispute domain name is confusingly similar for the purposes of the first element.<\/p>\n<p>Further, the Complainant contends that none of the circumstances described in paragraph 4 (c) of the Policy applies. Indeed, says the Complainant; by resolving the disputed domain name to a pay-per-click landing page the Respondent is capitalizing GHIRARDELLI goodwill by diverting internet consumer to third competitors.<\/p>\n<p>Respondent is not making a legitimate noncommercial or fair use of the disputed domain names. While the disputed domain name is listed for sale, there is no evidence of any prior legitimate use of the disputed domain name by the Respondent prior to its listing for sale.<\/p>\n<p>The Complainant also alleges that the Respondent conduct falls in what is deemed to be bad faith within the meaning of paragraph 4(b)(i) and (iv) of the Policy.<\/p>\n<p>Finally, the Complainant contends that the Respondent is a serial cybersquatter, having been a respondent in hundreds of domain name disputes targeting trademark holders.<\/p>\n<p>Accordingly, the Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n<p>THE RESPONDENT<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Manuel Moreno-Torres"
    ],
    "date_of_panel_decision": "2025-10-16 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of GHIRARDELLI trademark in different jurisdictions. By way of example, before the United States Patent and Trademark Office with registration number 205776, registered on November 17, 1925 or, before the European Union Intellectual Property Office with registration number 003716453, registered on July 27, 2005.<\/p>",
    "decision_domains": {
        "ghirdelli.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}