Complainant is the number one global player in the pet and equine markets. It helps provide longer and healthier lives for companion animals. NEXGARD® is a drug delivered in a beef-flavoured chew that kills adult fleas and is indicated for the treatment and prevention of flea infestations and the treatment and control of tick infestations in dogs and puppies from eight weeks of age. The disputed domain name <nexgardbravecto.com> combines Complainant's brand with a competing brand, BRAVECTO.<\/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": "
COMPLAINANT:<\/p>\n
The Complainant states that the disputed domain name <nexgardbravecto.com > is confusingly similar to its trademark NEXGARD®. The word “bravecto” is a competitor's trademark. Claimant states that combining its trademark with the trademark of a competitor is proof that Respondent is attempting capitalize on Complainant’s mark. This is underscored by the fact that <nexgardbravecto.com> resolves to a website offering for sale Complainant’s pet products together with competing products.<\/p>\n
The Complainant alleges that it is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish the three elements of the UDRP.” The Panel concurs with this observation. The disputed domain name <nexgardbravecto.com> was registered on June 7, 2024 and resolves to a website selling pet food and accessories, especially the NEXGARD-branded products.
<\/p>\n
RESPONDENT:
The Respondent has not appeared formally or informally to controvert the evidence submitted by the Complainant.<\/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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2024-07-15 00:00:00", "informal_english_translation": "
Complainant owns the following rights:
International trademark NEXGARD® n° 1166496 registered since May 29, 2013;
European trademark NEXGARD® n° 011855061 registered since October 9, 2013;
International trademark NEXGARD® n° 1676177 registered since May 19, 2022.<\/p>",
"decision_domains": {
"nexgardbravecto.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}