The Complainant has at least one registered trade mark in the term "Merial". The Domain Name can only be sensibly read as the term "Merial", combined with the words "Equine" and "Rebates" and the ".com" top level domain. The Complainant's mark is therefore clearly recognisable within the Domain Name. The Complainant thereby holds a mark that is "confusingly similar" to the Domain Name as that term is understood under the UDRP. In this respect see section 1.7 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (the “WIPO Overview 3.0”). The Complainant has therefore made out the requirements of paragraph 4(a)(i) of the Policy.
Further, the Panel accepts that it is likely that the Respondent was aware of the Complainant's business and marks at the time the Domain Name was registered, given (a) the size of the business conducted under that name at least in 2017, (b) the fact that the term "Merial" has no obvious meaning other than as a reference to the Complainant, and (c) the words "Equine" and "Rebates" appear to be associated with the veterinary activities at least historically engaged in by the Complainant.
Exactly how the term "Merial" has more recently been used by the Complainant is less than clear. The language used in the supplemental submission is opaque and less than satisfactory in this respect. Nevertheless, ultimately the Panel still concludes that the Domain Name was registered and has been held with the intention of taking unfair advantage in some manner of the reputation of the Complainant's mark. Although there is no evidence that the Domain Name has been actively used, this is the only sensible conclusion from the words used in the Domain Name.
There is no right or legitimate interest in holding a Domain Name for such a purpose and the use of a Domain Name in such a manner is evidence that no such right or legitimate interest exists. Further, the registration and holding of Domain Name for such a purpose is registration and use in bad faith.
The Complainant has therefore made out the requirements of paragraph 4(a)(ii) and (iii) of the Policy.
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