{
    "case_number": "CAC-UDRP-107744",
    "time_of_filling": "2025-08-07 09:24:08",
    "domain_names": [
        "getneuropure.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Sociéte des Produits Nestlé S.A."
    ],
    "complainant_representative": "Markus Rouvinen (Thomsen Trampedach GmbH)",
    "respondent": [
        "Chris Adams (NeuroPure)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The <strong>Complainant,<\/strong> Soci&eacute;t&eacute; des Produits Nestl&eacute; S.A., is a wholly owned subsidiary of Nestl&eacute; S.A., the principal operating company within the globally recognized Nestl&eacute; Group, which was founded in 1866 by Henri Nestl&eacute;.<\/p>\n<p>The Complainant owns most trademarks registered by the Nestl&eacute; Group, which is the world&rsquo;s largest publicly traded food and nutrition company.<\/p>\n<p>The Group operates in 190 countries, employs approximately 275,000 individuals globally, maintains a physical presence in 80 countries, and is ranked 106th on the Fortune Global 500 list for 2024. Independent experts such as Brand Finance have recognized the NESTLE brand as the most valuable food brand internationally.<\/p>\n<p>The Complainant&rsquo;s group offers a broad range of products, including dietary supplements under several brands. Among these brands is Pure Encapsulations, which focuses on high-quality, hypoallergenic supplements, and was acquired by the Complainant in 2017. In 2012, Pure Encapsulations launched the \"Integrative Mental Health Series,\" a product line developed with Dr. James Greenblatt, with one of the key products being NeuroPure.<\/p>\n<p>NeuroPure is formulated to support serotonin and dopamine production and has been marketed continuously in the United States since its introduction.<\/p>\n<p>&nbsp;<\/p>\n<p>The <strong>disputed domain name<\/strong> was registered on 23 July 2021 and is held by the Respondent.<\/p>\n<p>&nbsp;<\/p>\n<p>The <strong>disputed domain name website <\/strong>(i.e. website available under internet address containing the disputed domain name) resolves to a website hosting an online shop that offers products apparently competing with those of the Complainant. The site promotes a dietary supplement originally marketed as NeuroPure (later rebranded as Nerve Soothe after the Complaint was filed), which is presented as supporting nerve health. The website provides details on the product&rsquo;s ingredients, describes potential benefits for the nervous system, includes user testimonials, and enables direct online ordering.<\/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><strong>COMPLAINANT:<\/strong><\/p>\n<p><strong>&nbsp;<\/strong><\/p>\n<p>A) CONFUSING SIMILARITY<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The disputed domain name is identical to Complainant's Trademarks as they both incorporate the &ldquo;NEUROPURE&rdquo; word element of the Complainant&rsquo;s trademark in its entirety and the &ldquo;GET&rdquo; element must be disregarded as generic and descriptive.<\/li>\n<li>In this case, the addition of the word &ldquo;get&rdquo; reinforces the connection with the Complainant&rsquo;s mark, as Internet users are likely to perceive it as an invitation to obtain or purchase NEUROPURE product.<\/li>\n<li>The Complainant refers to previous domain names decisions in this regard.<\/li>\n<\/ul>\n<p>Thus, according to the Complainant the confusing similarity between Complainant&rsquo;s trademarks and the disputed domain name is clearly established.<br \/><br \/><\/p>\n<p>B) NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The Respondent has not been commonly known by the disputed domain name and holds no rights to it. On 1 September &nbsp;2022, Scott Goodman, believed to be affiliated with the Respondent, applied for a U.S. trademark registration for &ldquo;NEUROPURE&rdquo;. However, on 31 March 2023, the USPTO refused the application.<\/li>\n<li>The Complainant has not authorized, permitted or licensed the Respondent to use Complainant&rsquo;s trademark in any manner. The Respondent has no connection or affiliation with the Complainant. whatsoever. On this record, Respondent has not been commonly known by the disputed domain name.<\/li>\n<li>The Respondent has used the disputed domain name solely to market neurological supplements under the &ldquo;NeuroPure&rdquo; name, directly overlapping with the Complainant&rsquo;s field of use. Such conduct is not bona fide, as it exploits the Complainant&rsquo;s mark and creates a false impression of affiliation.<\/li>\n<li>Such use is not a bona fide offering of goods or services or legitimate non-commercial or fair use.<\/li>\n<li>The Complainant refers to previous domain names decisions in this regard.<br \/><br \/><\/li>\n<\/ul>\n<p>C) BAD FAITH REGISTRATION AND USE<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>Although the disputed domain name was registered before the Complainant registered Complainant&rsquo;s Trademark, valid unregistered trademark rights in NEUROPURE had already been established by 2021 (date of registration of the disputed domain name).<\/li>\n<li>Products under NEUROPURE brand were launched by the Complainant in 2012 and promoted consistently for nearly a decade before registration of the disputed domain name. Sales figures show steady growth, from 1,503 bottles sold in 2013 to 2,128 in 2021.<\/li>\n<li>NEUROPURE had acquired secondary meaning in the U.S. market well before the disputed domain was registered.<\/li>\n<li>Given that the Respondent also operates in the neurological supplements sector, the Complainant considers it improbable that the domain name was selected by chance.<\/li>\n<li>Even if the Respondent was unaware of NEUROPURE at registration, its conduct amounts to willful blindness, as a simple online search would have revealed the Complainant&rsquo;s rights.<\/li>\n<li>The Respondent has also acted in bad faith by using the disputed domain name to host an e-commerce site selling supplements under the &ldquo;NEUROPURE&rdquo; name.<\/li>\n<li>The Complainant contends the Respondent has attempted to attract Internet users thanks to the Complainant&rsquo;s trademarks for its own commercial gain, which is an evidence of bad faith.<\/li>\n<li>The Complainant refers to previous domain names decisions in this regard.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p><strong>RESPONDENT:<\/strong><\/p>\n<p>The Respondent has not provided any response to the Complaint.<\/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>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": [
        "Jiří Čermák"
    ],
    "date_of_panel_decision": "2025-09-15 00:00:00",
    "informal_english_translation": "<p>The Complainant is a registered owner of the following trademark containing a word element \"NEUROPURE&rdquo;:<\/p>\n<p>- NEUROPURE (word), US national trademark, registration date 13 May 2025, trademark registration no. 7790279, registered for goods the international class 5.<\/p>\n<p>(referred to as \"Complainant's Trademark\").<\/p>",
    "decision_domains": {
        "getneuropure.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}