{
    "case_number": "CAC-UDRP-107494",
    "time_of_filling": "2025-04-16 12:40:13",
    "domain_names": [
        "virbacsales.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "VIRBAC S.A."
    ],
    "complainant_representative": null,
    "respondent": [
        "Burnett Gregory"
    ],
    "respondent_representative": null,
    "factual_background": "<p>Founded in 1968 in France by Pierre-Richard Dick, the Complainant presents itself as an old and well-established company dedicated exclusively to animal health. With a turnover of &euro;869 million in 2018, the company ranks today as the 6th largest animal health company worldwide. (<em>Nota: the Panel ,despite the de minimis document provided with and the reference to 2018, estimates that the information may not have drastically varied for depicting the Complainant correctly<\/em>).<\/p>\n<p>Its wide range of vaccines and medicines are used in the prevention and treatment of the main pathologies for both companion and food-producing animals. Present through health products in more than 100 countries, the company has more than 4,900 employees.<\/p>\n<p>The Complainant points out to ownership of a portfolio of domain names containing the term &ldquo;VIRBAC&rdquo;, not evidenced though but that the panellist would accept as asserted. The Complainant uses its official domain name &lt;virbac.com&gt;, registered since 15 January 2000.<\/p>\n<p>The disputed domain name <span>&lt;virbacsales.com&gt; <\/span>was registered <span>on 2 April 2024<\/span>&nbsp;and resolves to a parking page with commercial links.<\/p>\n<p>The Registrar confirmed that the Respondent is the current registrant of the disputed domain name, and that the language of the registration agreement is English.<\/p>\n<p>The Respondent has not filed a Response.<\/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 style=\"font-weight: 400;\">The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. The Complainant makes a number of legal arguments and also supplies a set of annexes providing evidence of its activities and of the Respondent's bad faith use (diverting traffic and possible phishing pattern) of the disputed domain name<\/p>\n<p style=\"font-weight: 400;\"><span>No administratively compliant Response has been filed by the Respondent.<\/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><span>It ought to be indicated that the Centre sent the <\/span><span>C<\/span><span>omplaint<\/span><span> to the Respondent<\/span><span> but neither the written notice of the Complaint nor the advice of delivery thereof was returned to the <\/span><span>Centre<\/span><span>.&nbsp;<\/span><span><\/span><\/p>\n<p>No other address for correspondence was found on the disputed domain name.<\/p>\n<p>The notice of the Commencement of the administrative proceeding was sent also by e-mail. Yet, the e-mail notices sent to &lt;gregoryburnett757@mailstorm.live&gt; and to &lt;postmaster@virbacsales.com&gt; but the Centre never received any proof of delivery or notification of undelivery. No further e-mail addresses could be found on the disputed site.<\/p>\n<p>The Respondent never accessed the online platform.<\/p>\n<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": [
        "David-Irving Tayer (Presiding Panelist)"
    ],
    "date_of_panel_decision": "2025-05-17 00:00:00",
    "informal_english_translation": "<p>The Complainant is the registered owner of the following trademarks:<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>international trademark No. 793769 VIRBAC (figurative) registered since 11 March 2002 and duly renewed since in classes 5, 38, 42 and 44, and designated various countries including Australia, Japan, OAPI, Austria, Benelux, Algeria, Italy, Spain, China;<\/li>\n<li>international trademark No. 420254 VIRBAC (word) registered since 15 December 1975 duly renewed since in class 5, and designated various countries including Austria, Benelux, Switzerland, Germany, Monaco.<\/li>\n<\/ul>\n<p>The Complainant indicates owning numerous domain names composed of the sole term VIRBAC or combined with other words but provides evidence for the sole official website &lt;virbac.com&gt; of the Complainant. The latter is reserved since at least 15 January 2000.<\/p>\n<p>&nbsp;<\/p>\n<p>The Respondent registered the disputed domain name &lt;virbacsales.com&gt; on 2 April 2024. The disputed domain name resolves to a parking page with pay-per-click links at the time of the Complaint.<\/p>",
    "decision_domains": {
        "virbacsales.com": "TRANSFERRED"
    }
}