{
    "case_number": "CAC-UDRP-108135",
    "time_of_filling": "2025-11-09 23:48:49",
    "domain_names": [
        "chewyly.shop"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Chewy, Inc."
    ],
    "complainant_representative": "Mike Rodenbaugh (RODENBAUGH LAW LLC)",
    "respondent": [
        "Anonymized representative "
    ],
    "respondent_representative": null,
    "factual_background": "<p>The <strong>Complainant<\/strong>, Chewy, Inc. was founded in 2011 and it is a customer-service focused online retailer for pet supplies, the Complainant operates one of the largest online retail stores in the United States and also has fulfilment warehouses and fulfilment centres corporate offices, and customer service centres in multiple locations in the country. Since going public in 2019, the Complainant has increasingly expanded into veterinary, telehealth, and pet wellness services.<\/p>\n<p>The <strong>disputed domain name<\/strong> &lt;chewyly.com&gt; was registered on 11 October 2025 and is held by the Respondent.<\/p>\n<p>The <strong>disputed domain name website<\/strong> (i.e. website available under internet address containing the disputed domain name) is currently inactive and does not resolve to any active website. However, as proven by the Complainant, the disputed domain name website at least for some time resolved to an imitative website offering pet-related products such as food, treats, and accessories that directly competed with those sold by Complainant.<\/p>\n<p>The Complainant seeks the transfer of the disputed domain name to the Complainant.<\/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>A) CONFUSING SIMILARITY<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The disputed domain name incorporates the CHEWY mark in its entirety, establishing confusing similarity.<\/li>\n<li>&nbsp;The only differences are the addition of the suffix &ldquo;ly&rdquo; and the &ldquo;.shop&rdquo; TLD, neither of which avoid confusion.<\/li>\n<li>Using a trademark in full within a domain name is sufficient to find confusing similarity under UDRP precedent.<\/li>\n<li>TLDs (including &ldquo;.shop&rdquo;) are disregarded when assessing confusing similarity, as they are standard registration elements.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>B) NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>Respondent has no authorization from Complainant to use Complainant&rsquo;s Trademarks in any way, including in any domain name.<\/li>\n<li>Complainant&rsquo;s Trademarks predate the Respondent&rsquo;s disputed domain name registration by many years, and the disputed domain name was registered long after Complainant established strong goodwill.<\/li>\n<li>The disputed &nbsp;domain name does not correspond to Respondent&rsquo;s name and offers no basis for a legitimate interest.<\/li>\n<li>The disputed domain name resolves to an imitative website offering competing pet-related products, trading on Complainant&rsquo;s goodwill to mislead users. Such use is not a bona fide offering of goods or services, nor legitimate non-commercial or fair use.<\/li>\n<li>Respondent does not meet the Oki Data reseller criteria, as the website falsely presents itself as an official Complainant site and does not disclose lack of affiliation.<\/li>\n<li>Complainant&rsquo;s Trademarks are uniquely associated with Complainant, leaving no credible, legitimate intent behind Respondent&rsquo;s registration or use.<\/li>\n<li>Once Complainant makes a prima facie showing of no rights or legitimate interests, the burden shifts to Respondent; Respondent has provided no evidence to the contrary.<\/li>\n<li>The Respondent therefore has no rights or legitimate interests in the disputed domain name<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>BAD FAITH REGISTRATION AND USE<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The disputed domain resolves to a competing, imitative website using Complainant&rsquo;s Trademarks without authorization.<\/li>\n<li>There is no evidence of any bona fide, legitimate, or fair use of the disputed domain name by Respondent.<\/li>\n<li>&nbsp;The fame and widespread recognition of Complainant&rsquo;s Trademarks make it implausible that Respondent was unaware of them; the disputed domain name is valuable solely due to its association with the Complainant.<\/li>\n<li>Prior UDRP decisions confirm that using a domain identical or confusingly similar to a famous mark to divert users for commercial gain constitutes bad faith.<\/li>\n<li>Accordingly, the Complainant concludes that the domain name was registered and is being used in bad faith.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>RESPONDENT:<\/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 (Presiding Panelist)"
    ],
    "date_of_panel_decision": "2025-12-12 00:00:00",
    "informal_english_translation": "<p>The Complainant is, inter alia, a registered owner of the following <strong>trademarks<\/strong> containing the word element \"CHEWY&rdquo;:<\/p>\n<p>(i) CHEWY (word), U.S. &nbsp;national trademark, registration date 4 June 2013, &nbsp;trademark registration no. 4,346,308, registered for goods in the international class 35;<\/p>\n<p>(ii) CHEWY (word) EU trademark, registration date 10 August 2017, &nbsp;trademark no. 016605834, registered for goods in the international class 35;&nbsp; &nbsp; &nbsp; &nbsp;<\/p>\n<p>Besides other trademarks consisting of the \"CHEWY \" denominations.<\/p>\n<p>(collectively referred to as \"<em>Complainant's trademarks<\/em>\").<\/p>",
    "decision_domains": {
        "chewyly.shop": "TRANSFERRED"
    }
}