The Complainant, founded in 1845, is a chocolate maker based in Switzerland. The Complainant has 12 production sites in Europe and the United States and its products are distributed via 38 subsidiaries, 500 own retail shops and a comprehensive network of more than 100 distributors worldwide. The Complainant has more than 15 thousand employees and made a revenue of CHF 5.47 billion in 2024. The Complainant acquired the Ghirardelli Chocolate Company (“Ghirardelli”) in 1998. Established in 1852, Ghirardelli is one of the oldest chocolate manufacturers in the United States and is headquartered in San Francisco, California.<\/p>\n
The disputed domain name <ghirardellimall.com> was registered on December 26, 2025, while the disputed domain name <ghirardellimalls.com> was registered on January 10, 2026. At the time of this decision, the disputed domain names resolve to inactive webpages. According to undisputed evidence provided by the Complainant, the disputed domain names used to resolve to websites that featured the Complainant's GHIRARDELLI trademark prominently at the top of the webpages, displayed images of GHIRARDELLI‑branded products offered at substantial discounts, did not disclaim in a clear and prominent manner their lack of relationship with the Complainant and requested users to provide personal data (including name, address, email, phone number, and credit card information) when interacting with the websites and proceeding to checkout. Before initiating the present proceedings, the Complainant submitted takedown notices, resulting in the suspension of the websites to which the disputed domain names were used to resolve.<\/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 contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n
In particular, the Complainant argues that the disputed domain names are confusingly similar to its GHIRARDELLI trademark as this trademark is contained in its entirety and recognizable within the disputed domain names. Further, the Complainant contends that \".com\" gTLD is viewed as a standard registration requirement and as such is disregarded from comparison between the disputed domain names and the Complainant's trademark.<\/p>\n
Regarding the second UDRP element, the Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain names. The Respondent holds no trademark rights in the disputed domain names and has also never been commonly identified by the disputed domain names. The Respondent has no relationship or association with the Complainant and has never been granted any license or authorization to use the well‑known GHIRARDELLI trademark in any form, including as part of the disputed domain names. The Respondent has used the disputed domain names for websites that impersonate Complainant, which cannot be considered as use in connection with a bona fide offering of goods or services. The disputed domain names also pose a clear phishing risk to internet users through deceptive branding, user data collection, and misleading representations, and such conduct can never confer rights or legitimate interests upon the Respondent. The disputed domain names are composed of the Complainant’s well‑known GHIRARDELLI trademark together with the terms “mall” and “malls’. In light of the fact that the Complainant operates more than 500 retail stores, which are located, among other places, in shopping centers, this combination is likely to cause Internet users to believe that the disputed domain names are connected to the Complainant or its products, when no such connection exists. The Complainant therefore contends that the disputed domain names give rise to a significant likelihood of implied affiliation with the Complainant and its goods.<\/p>\n
With respect to the third UDRP element, the Complainant holds that its GHIRARDELLI trademark is well-known and that the Respondent has registered the disputed domain name with actual knowledge of the Complainant's trademark. The fact that the disputed domain names were used for websites that impersonate the Complainant clearly indicates the Respondent's awareness of the Complainant and its GHIRARDELLI trademark. Such use of the disputed domain names also clearly demonstrates bad faith on the Respondent's side. The current inactivity of the disputed domain names does not preclude a finding of bad faith under the principle of passive holding. The Complainant also emphasizes that the Respondent provided false or incomplete contact details for both disputed domain names and that appears as the Respondent in a number of previous UDRP proceedings, where it was found that the registration and use of the domain names were in bad faith. These precedents undoubtedly constitute evidence of the Respondent’s pattern of bad faith conduct and strengthen the Complainant's contention that the disputed domain names were registered and are being used in bad faith.<\/p>\n
No administratively compliant Response has been filed.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [ "Stefan Bojovic" ], "date_of_panel_decision": "2026-03-27 00:00:00", "informal_english_translation": "
The Complainant has demonstrated ownership of rights in the trademark GHIRARDELLI for the purposes of standing to file a UDRP complaint.<\/p>\n
In particular, the Complainant is the owner of trademark registrations for GHIRARDELLI including the following:<\/p>\n
The Complainant also refers to ownership over the domain names that incorporate its GHIRARDELLI trademark, such as <ghirardelli.com>, registered on June 24, 1998.<\/span><\/p>\n<\/div>", "decision_domains": { "ghirardellimall.com": "TRANSFERRED", "ghirardellimalls.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }