{ "case_number": "CAC-UDRP-107823", "time_of_filling": "2025-08-22 20:03:49", "domain_names": [ "chewyspetstore.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Chewy, Inc." ], "complainant_representative": "Mike Rodenbaugh (RODENBAUGH LAW LLC)", "respondent": [ "Tracy Glaze" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Assertions<\/strong><\/p>\n

The Complainant's statements of fact can be summarised as follows:<\/p>\n

The Complainant, Chewy, Inc., operates as a prominent online retailer specialising in pet supplies, encompassing pet food, accessories, and wellness-related services. Established in 2011, the Complainant has rapidly ascended within the commercial sector, attending a rank of #362 on the Fortune 500 list by 2023, alongside nearly USD 12 billion in net sales.<\/p>\n

B<\/strong>. Respondent<\/strong>'s Factual Assertions<\/strong><\/p>\n

The Respondent has failed to submit a response in this UDRP proceeding; consequently, the Complainant's factual assertions remain uncontested.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <chewyspetstore.com> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong>'s Submissions<\/strong><\/p>\n

The Complainant's contentions can be summarised as follows:<\/p>\n

A<\/strong>.1 The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant asserts that the disputed domain name closely mirrors the trade mark CHEWY by incorporating the terms 'pet' and 'store', which are merely descriptive terms and do not diminish the similarity with the Complainant's trade mark, nor does the standard registration requirement Top-Level Domain (the 'TLD') <.com>.<\/p>\n

The Complainant therefore argues that the disputed domain name is unequivocally confusingly similar to the trade mark CHEWY.<\/p>\n

A<\/strong>.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant posits that the Respondent lacks any rightful claim to the disputed domain name. The Complainant has not authorised any use of its trade marks, and the registration of the disputed domain name was undertaken well after the Complainant had established significant goodwill associated with the trade mark CHEWY. The Respondent's actions are devoid of legitimate interest, primarily seeking to infringe upon the Complainant's rights. No evidence supports the claim of common usage or legitimate interest. In addition, the Respondent cannot make any claim to be a reseller with a right or legitimate interest in the disputed domain name, for the Respondent does not accurately disclose the Respondent's lack of a relationship or affiliation with the trademark owner, namely, the Complainant. Finally, the Respondent utilises the disputed domain name to mislead Internet users into believing they are engaging with the Complainant's official website, thus infringing upon the Complainant's reputation and goodwill.<\/p>\n

A<\/strong>.3 The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

The Complainant contends that the disputed domain name has been registered and used in bad faith. The Respondent's actions are indicative of an intent to disrupt the Complainant's business operations and derive commercial gain through misleading practices (circumstances 4(b)(iii) and 4(b)(iv) of the UDRP Policy).<\/p>\n

The Respondent's website engages in an imitation of CHEWY's offerings, misleadingly presenting itself as a legitimate CHEWY outlet while unlawfully collecting personal information from Internet users. <\/span>The deliberate confusion engendered by the Respondent's use of the disputed domain name constitutes an exploitation of the Complainant's established reputation. This aligns with the principles set out in previous UDRP decisions, which have firmly established that such actions denote bad faith.<\/p>\n

A<\/strong>.4 Relief sought<\/strong><\/p>\n

The Complainant requests the transfer of the disputed domain name.<\/p>\n

B<\/strong>. Respondent<\/strong>'s Submissions<\/strong><\/p>\n

The Respondent has not submitted a Response in this UDRP proceeding; hence, the Complainant's submissions are uncontested.<\/p>", "rights": "

The Complainant has satisfactorily demonstrated that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP Policy).<\/p>", "no_rights_or_legitimate_interests": "

The Complainant has failed to establish a prima facie case regarding the Respondent's lack of rights or legitimate interests in the disputed domain name (within the meaning of paragraph 4(a)(ii) of the UDRP Policy).<\/p>", "bad_faith": "

The Panel refrains from ruling on this UDRP Policy ground as it is rendered immaterial due to the findings outlined below.<\/p>", "procedural_factors": "

The Panel confirms that all procedural requirements under the UDRP have been duly met, with no grounds preventing a decision from being issued.<\/p>", "decision": "Rejected", "panelists": [ "Gustavo Moser" ], "date_of_panel_decision": "2025-09-26 00:00:00", "informal_english_translation": "

The Complainant holds an array of trade mark registrations concerning the trade mark CHEWY across various jurisdictions, including United States, Canada, Europe, and Australia. Noteworthy registrations include:<\/p>\n

• <\/span>US trade mark registration no. 5028009, filed on 15 April 2015, for the mark CHEWY, in class 35 of the Nice Classification;<\/p>\n

• <\/span>EU trade mark registration no. 018513701, filed on 14 July 2021, for the mark CHEWY, in class 9 of the Nice Classification;<\/p>\n

• <\/span>Australian trade mark registration no. 2060121, filed on 2 January 2020, for the mark CHEWY, in class 35 of the Nice Classification; and<\/p>\n

• <\/span>Canadian trade mark registration no. 1045601, filed on 10 April 2017, for the mark CHEWY, in class 35 of the Nice Classification.<\/p>\n

(Referred to as 'the Complainant's trade mark' or 'the trade mark CHEWY').<\/p>\n

The disputed domain name <chewyspetstore.com> was registered on 7 June 2023. It currently resolves to an active website, the details of which are discussed in the course of the Panel's decision (for present purposes, 'the Respondent's website').<\/p>", "decision_domains": { "chewyspetstore.com": "REJECTED" }, "panelist": null, "panellists_text": null }