The Complainant was founded in 2001 in San Francisco, California, US under the name \"Primal Pet Foods, Inc.\" which matches the Complainant's PRIMAL PET FOODS trademark. The Complainant is manufacturer of foods and treats for dogs and cats.<\/p>\n
The disputed domain name was registered on May 14, 2008. However, based on the Whois history provided by the Complainant, the disputed domain name has changed the registrant several times after the initial registration date. Based on the available Whois history, the last traceable change of ownership occurred somewhere around January 16, 2019. The disputed domain name currently resolves to parking page with sponsored links (pay-per-clicks or PPC page), that display various links related to pet food, including the link that incorporates the Complainant's PRIMAL PET FOODS trademark in its entirety. The disputed domain name is also offered for sale. <\/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<\/strong><\/p>\n The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. In particular, the Complainant argues that the disputed domain name is confusingly similar to its PRIMAL PET FOODS<\/span> trademark in which the Complainant has earlier rights (date of first use of the Complainant's trademark in the US goes back to 2001). The disputed domain name differs from the Complainant's trademark only in omission of letter \"s\" at the end of PRIMAL PET FOODS. The addition or subtraction of one letter or misspelling of a word does not distinguish the disputed domain name from the Complainant’s trademark, rather it shows an attempt to engage in typosquatting upon 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 name. The Respondent is not commonly known by the disputed domain name. The Respondent has used the disputed domain name for competitive PPC advertising, which obviously, is not a bona fide use of the disputed domain name. The Respondent also has offered to sell the disputed domain name to the Complainant’s counsel for $9,899, an amount far exceeding its registration price.<\/p>\n With respect to the third UDRP element, the Complainant holds that it is certain that Respondent was aware of the Complainant’s rights given the similitudes with the disputed domain name as compared to the Complainant’s own domain, and the similarity of the products advertised in the pay-per-click links to the goods and services of the Complainant. The Respondent has made active use of a disputed domain name in an effort to divert Internet users to Complainant’s competitors. The Complainant holds that the Respondent is using the disputed domain name for no other reason than to disrupt the Complainant’s business by intentionally diverting Internet users, using Complainant’s PRIMAL PET FOODS family of marks in connection with pay-per-click links to alternative and competitive pet product providers. The Respondent has offered to sell the disputed domain name for almost $10,000, which is exponentially more than the domain registration fee. This is further evidence that Respondent is acting in bad faith. Finally, the Complainant claims that the Respondent is a serial cybersquatter that has lost 37 UDRP cases since April 2022.<\/p>\n On March 24, 2025 the Panel has issued Procedural Order No. 1 requesting from the Complainant to submit all relevant evidence on use in commerce of PRIMAL PET FOODS trademark before the registration of the disputed domain name on May 14, 2008. The Procedural Order was issued due to the circumstances that <\/span><\/span>the Panel has noticed that the all trademarks of the Complainant on which the dispute is based are registered or applied for after the registration of the disputed domain name. The Panel has also noted that the Complainant has indicated for several US trademarks that the first use in commerce commenced in 2001, but no evidence proving such use was submitted. <\/span><\/p>\n In response to the Procedural Order No. 1, the Complainant has provided the Whois history for the disputed domain name and has argued that the disputed domain name, although registered on May 14, 2008, since then has changed ownership several times. The latest change of ownership appears to be on or before January 16, 2019. In accordance with this, the Complainant deems that its registered trademarks are earlier than the current registration of the disputed domain name (having in mind that change of ownership counts as a new registration in accordance with UDRP practice). For that reason, the Complainant holds that there is no need to prove the use of PRIMAL PET FOODS trademark before the registration of the disputed domain name, but has, nevertheless, decided to provide such evidence to Panel. The Complainant has accordingly provided evidence that the Complainant has had an online presence since at least 2002, and by 2008 had an online store and a significant presence in US grocery stores. The Complainant's Facebook presence began in early 2009. By 2018, when the disputed domain name was acquired by Respondent, the Complainant had an expansive website and was earning industry awards for its product innovation. <\/p>\n The Respondent<\/strong><\/strong><\/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>\n On March 24, 2025 the Panel has issued Procedural Order No. 1 requesting from the Complainant to submit all relevant evidence on use in commerce of PRIMAL PET FOODS trademark before the registration of the disputed domain name on May 14, 2008. The Procedural Order was issued due to the circumstances that <\/span><\/span>the Panel has noticed that the all trademarks of the Complainant on which the dispute is based are registered or applied for after the registration of the disputed domain name. The Panel has also noted that the Complainant has indicated for several US trademarks that the first use in commerce commenced in 2001 (more precisely, on October 1, 2001 according to the USPTO record for US trademark registration No. 4249017), but no evidence proving such use was submitted. By this Procedural Order, the Panel has also extended the projected decision date to April 2, 2025.<\/span><\/p>\n On March 29, 2025, the Complainant has provided the response to the Procedural Order which is satisfactory for the Panel to move forward with the decision.<\/span><\/p>",
"decision": "Accepted",
"panelists": [
"Stefan Bojovic"
],
"date_of_panel_decision": "2025-04-02 00:00:00",
"informal_english_translation": " The Complainant has demonstrated ownership of rights in the PRIMAL PET FOODS trademark for the purposes of standing to file a UDRP Complaint.<\/p>\n In particular, the Complainant is the owner of trademark registrations for PRIMAL PET FOODS, including the following: <\/span><\/p>\n - International trademark registration No. 1401556 for PRIMAL PET FOODS<\/span> registered on March 23, 2018; and<\/span><\/p>\n - United States trademark registration No. 4249017 for PRIMAL PET FOODS, registered on November 27, 2012.<\/span><\/p>\n The Panel notes that portion \"PET FOODS\" has been disclaimed in above cited trademarks. The effect of the declaimer on this dispute will be examined below within the section \"Principal Reasons for the Decision\".<\/p>\n In addition, the Complainant has provided certain evidence on common law rights in PRIMAL PET FOODS trademark before the formal registration of above listed trademarks.<\/p>\n The Complainant also refers to ownership over the domain name <primalpetfoods.com>, registered on August 29, 2001. This domain name incorporates the Complainant's PRIMAL PET FOODS trademark in its entirety and the same is used for a principal website of the Complainant where goods under the trademark PRIMAL PET FOODS are offered.<\/p>\n<\/div>",
"decision_domains": {
"primalpetfood.com ": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}