{ "case_number": "CAC-UDRP-108867", "time_of_filling": "2026-07-27 09:54:55", "domain_names": [ "ghirardellistore.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Chocoladefabriken Lindt & Sprüngli AG" ], "complainant_representative": "SILKA AB", "respondent": [ "普 王" ], "respondent_representative": null, "factual_background": "
\n

The Complainant is a Swiss manufacturer of chocolate and confectionery products, established in 1845. It operates twelve production facilities in Europe and the United States, maintains a worldwide network of subsidiaries, company-owned retail stores and independent distributors, and reported sales of CHF 5.92 billion in 2025.<\/p>\n

In 1998 the Complainant acquired the Ghirardelli Chocolate Company, founded in San Francisco in 1852, whose products are distributed through company-operated stores, retail partners and wholesale channels. During fiscal year 2024, the Ghirardelli Chocolate Company reported sales of USD 888 million.<\/span><\/p>\n

The Complainant is also the registrant of the domain name <ghirardelli.com>, registered on June 24, 1998, which has been used in connection with the GHIRARDELLI brand since at least 2000.<\/span><\/p>\n<\/blockquote>", "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 <<\/span>ghirardellistore.com<\/span>>.<\/span><\/p>", "no_response_filed": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n

I. The disputed domain name is confusingly similar to the Complainant's trademark<\/span><\/em><\/p>\n

The Complainant argues that the disputed domain name incorporates its GHIRARDELLI trademark in its entirety and that the mark remains immediately recognizable within it.<\/p>\n

The Complainant contends that the addition of the term \"store\" does not dispel the confusing similarity. Relying on section 1.8 of the WIPO Overview 3.1, it submits that where the relevant trademark is recognizable within the disputed domain name, the addition of other terms does not prevent a finding of confusing similarity under the first element. The Complainant further contends that the generic Top-Level Domain (\"gTLD\") \".com\" is a standard registration requirement and should be disregarded.<\/p>\n

Accordingly, the Complainant argues that the disputed domain name is confusingly similar to its GHIRARDELLI trademark and that the first element of paragraph 4(a) of the Policy is satisfied.<\/p>\n

II. The Respondent does not have any rights or legitimate interests in the disputed domain name<\/em><\/p>\n

The Complainant contends that the Respondent is not commonly known by the disputed domain name, owns no trademark rights in the terms \"ghirardellistore\" or <ghirardellistore.com>, and has never been authorized or licensed to use the GHIRARDELLI trademark or to register a domain name incorporating that mark.<\/p>\n

The Complainant submits that the disputed domain name no longer resolves to active content following a takedown request, but that it previously resolved to a website which replicated the appearance of the Complainant's official website, prominently displayed the GHIRARDELLI trademark, offered GHIRARDELLI-branded products at substantial discounts, reproduced the Complainant's corporate history in its \"About Us\" section, and displayed a copyright notice reading \"© 2026 Ghirardelli Chocolate Company\", the Ghirardelli Chocolate Company being a company acquired by the Complainant in 1998. According to the Complainant, the website also requested users' personal and payment card details during the checkout process and contained no disclaimer or other indication that it was independently operated or unaffiliated with the Complainant.<\/p>\n

The Complainant argues that such use does not constitute a bona fide offering of goods or services or a legitimate noncommercial or fair use under the Policy. It further submits that the Respondent cannot rely on the principles established in Oki Data Americas, Inc. v. ASD, Inc.<\/em>, WIPO Case No. D2001-0903, because the website failed accurately to disclose the absence of any relationship with the Complainant and instead falsely suggested sponsorship or endorsement.<\/p>\n

The Complainant further contends that the composition of the disputed domain name, combining the well-known GHIRARDELLI trademark with the term \"store\", a term inherently associated with the Complainant's retail activities, reinforces the false impression that the website constitutes an official or authorized online store of the Complainant and amounts to impersonation or a false suggestion of affiliation.<\/p>\n

Accordingly, the Complainant argues that the Respondent has no rights or legitimate interests in respect of the disputed domain name and that the second element of paragraph 4(a) of the Policy is satisfied.<\/p>\n

III. The disputed domain name has been registered and is being used in bad faith<\/em><\/p>\n

The Complainant argues that the GHIRARDELLI brand dates back to 1852, that its trademark rights have been protected for many decades, and that the GHIRARDELLI mark has acquired considerable reputation and recognition worldwide, as reflected in the Complainant's longstanding commercial use, extensive trademark portfolio, official online presence and social media following, as well as prior UDRP decisions recognizing the fame of the mark. The Complainant submits that, in these circumstances, the Respondent could not plausibly have registered the disputed domain name without prior knowledge of the Complainant and its trademark rights.<\/p>\n

The Complainant further contends that the Respondent deliberately combined the GHIRARDELLI trademark with the descriptive term \"store\", a word directly associated with the Complainant's retail and commercial activities. <\/span>According to the Complainant, that combination, together with the Respondent's subsequent use of the disputed domain name for a website impersonating the Complainant, demonstrates an intention to exploit the goodwill associated with the GHIRARDELLI mark and creates the false impression of an official or authorized online store. The Complainant submits that such conduct constitutes impersonation and a false suggestion of affiliation within the meaning of section 3.1.4 of the WIPO Overview 3.1.<\/p>\n

The Complainant further submits that the Respondent intentionally attempted to attract, for commercial gain, Internet users to its website by reproducing the GHIRARDELLI trademark without authorization, displaying the Complainant's branding, presenting itself as an official or authorized website of the Complainant<\/span>, and offering GHIRARDELLI-branded products for sale. According to the Complainant, the Respondent thereby created a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of the website and the products offered thereon within the meaning of paragraph 4(b)(iv) of the Policy. The Complainant further contends that the collection of users' personal and payment card information through the checkout process created a risk of phishing and other fraudulent activity.<\/p>\n

Finally, the Complainant submits that the disputed domain name no longer resolves to active content following a takedown request, but that such inactivity does not prevent a finding of bad faith. Relying on the doctrine of passive holding reflected in section 3.3 of the WIPO Overview 3.1, the Complainant argues that the disputed domain name should nevertheless be found to have been registered and used in bad faith.<\/span><\/p>\n

Accordingly, the Complainant argues that the disputed domain name has been registered and is being used in bad faith and that the third element of paragraph 4(a) of the Policy is satisfied.<\/p>\n

Therefore, the Complainant contends that the requirements of the Policy have been met and requests transfer of the disputed domain name.<\/span><\/p>\n

RESPONDENT:<\/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": [ "Barbora Donathová" ], "date_of_panel_decision": "2026-08-21 00:00:00", "informal_english_translation": "

The Complainant, Chocoladefabriken Lindt & Sprüngli AG, is the owner of an extensive portfolio of trademark registrations worldwide consisting of or incorporating the term GHIRARDELLI, all of which predate the registration of the disputed domain name.<\/p>\n

A representative selection of those registrations include:<\/p>\n