{
    "case_number": "CAC-UDRP-108869",
    "time_of_filling": "2026-07-27 15:12:25",
    "domain_names": [
        "ghirerdalli.site"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Chocoladefabriken Lindt & Sprüngli AG"
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        " Retha Wassermann "
    ],
    "respondent_representative": null,
    "factual_background": "<p><span>The Complainant, founded in 1845, is a renowned chocolate manufacturer based in Switzerland. As a leader in the market for premium quality chocolate, the Complainant produces chocolates at 12 proprietary production facilities situated across Europe and the United States. These products are distributed through 41 subsidiaries and branch offices, as well as a worldwide network of over 100 independent distributors. The Complainant also operates more than 600 proprietary retail outlets. With approximately 15,000 employees, the Complainant reported consolidated sales of CHF 5.92 billion in 2025.<\/span><\/p>\n<p><span>In 1998, the Complainant expanded its business by acquiring the Ghirardelli Chocolate Company (&ldquo;Ghirardelli&rdquo;). Established in 1852 and headquartered in San Francisco, California, Ghirardelli ranks among the oldest and most recognized chocolate manufacturers in the United States. Its products are marketed and distributed through company-owned stores, third-party retailers, and wholesale channels across an extensive commercial network. The company is particularly renowned for its GHIRARDELLI SQUARES line, introduced in 1999, as well as its iconic hot fudge sundaes and a broad assortment of baking and professional culinary products. During fiscal year 2024, Ghirardelli generated sales of USD 888 million. The Complainant has also established a significant and longstanding online presence associated with the GHIRARDELLI mark. In particular, it owns the domain name &lt;ghirardelli.com&gt;, registered on June 24, 1998, and continuously used since at least 2000.<\/span><\/p>\n<p><span>The disputed domain name was registered on May 21, 2026. The disputed domain name previously resolved to a website that impersonated or falsely purported to be an official site of the Complainant. That website prominently and repeatedly displayed the GHIRARDELLI mark and logo in connection with the purported sale of discounted GHIRARDELLI-branded chocolates. At present, the disputed domain name no longer resolves to an active website.<\/span><\/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><span>COMPLAINANT:<\/span><\/p>\n<p><span>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to the Complainant.<\/span><\/p>\n<p><span>(i) The Complainant holds rights in the trademark GHIRARDELLI, as set forth in the \"Identification of Rights\" section above. The disputed domain name is confusingly similar to the Complainant&rsquo;s trademark GHIRARDELLI, as it incorporates the mark in its entirety with only a minor typographical alteration, namely, the transposition of the vowels &ldquo;a&rdquo; and &ldquo;e,&rdquo; followed only by the &ldquo;.site&rdquo; gTLD.<\/span><\/p>\n<p><span>(ii) The Respondent has no rights or legitimate interests in the disputed domain name. The Respondent is neither licensed nor otherwise authorized to use the Complainant&rsquo;s GHIRARDELLI mark, nor is the Respondent commonly known by the disputed domain name. Furthermore, the Respondent is not engaged in any <em>bona fide<\/em> offering of goods or services, nor any legitimate noncommercial or fair use of the disputed domain name. Rather, the disputed domain name previously resolved to a website that impersonated or sought to pass itself off as an official website of the Complainant. The site prominently and repeatedly displayed the GHIRARDELLI mark and logo in connection with the purported sale of chocolates bearing the GHIRARDELLI brand. The Respondent failed to accurately and prominently disclose its lack of affiliation with the Complainant. At present, the disputed domain name no longer resolves to an active website.<\/span><\/p>\n<p><span>(iii) The disputed domain name was registered and is being used in bad faith, thereby satisfying the cumulative requirement under the Policy that both bad faith registration and bad faith use be established. The Respondent registered the disputed domain name incorporating the widely known and widely recognized GHIRARDELLI trademark, despite having no rights or legitimate interests in doing so. The website to which the disputed domain name previously resolved impersonated or passed itself off as an official website of the Complainant, prominently displaying the GHIRARDELLI mark and logo in multiple locations in connection with the purported sale of chocolates bearing the GHIRARDELLI brand. The Respondent failed to provide any accurate or prominent disclaimer regarding its lack of affiliation with the Complainant. At present, the disputed domain name no longer resolves to an active website. The Respondent also appears to have deceptively collected users&rsquo; personal information by presenting the website as being authorized by the Complainant, thereby creating a significant phishing risk. The misleading presentation of the website strongly suggests an intent to exploit the collected information for future fraudulent purposes, such as phishing campaigns or other scams related to the brand. The current passive holding of the disputed domain name does not preclude a finding of bad faith.<\/span><\/p>\n<p><span>&nbsp;<\/span><span>RESPONDENT:<\/span><\/p>\n<p><span>No administratively compliant Response has been filed.<\/span><\/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": [
        "Mr. Ho-Hyun Nahm Esq."
    ],
    "date_of_panel_decision": "2026-08-20 00:00:00",
    "informal_english_translation": "<p><span>The Complainant is the registered owner of the trademark GHIRARDELLI, registered within the United States (USPTO), Canada (CIPO), Mexico (IMPI), the WIPO, and the EUIPO, <em>inter alia<\/em>, as follows:<\/span><\/p>\n<ul>\n<li>\n<p>USPTO Reg. No. 205776, registered on November 17, 1925, in international class 30;<\/p>\n<\/li>\n<li>\n<p>CIPO Reg. No. TMA763505, registered on April 8, 2010, in international classes 16, 18, 21, 25, 30, 35, and 43;<\/p>\n<\/li>\n<li>\n<p>International Reg. No. 826074, registered on March 30, 2004, in international classes 30, 35 and 43;<\/p>\n<\/li>\n<li>\n<p>IMPI Reg. No. 943118, registered on July 18, 2006, in international class 30 for the mark GHIRARDELLI with a device; and<\/p>\n<\/li>\n<li><span>EUIPO Reg. No. 003716453, registered on July 27, 2005, in international classes 30, 35, 42 and 43.<\/span><\/li>\n<\/ul>",
    "decision_domains": {
        "ghirerdalli.site": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}