{ "case_number": "CAC-UDRP-108629", "time_of_filling": "2026-07-27 09:35:01", "domain_names": [ "wholeearthfarms.org" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Société des Produits Nestlé S.A." ], "complainant_representative": "Thomsen Trampedach GmbH", "respondent": [ "Vadym Bayev" ], "respondent_representative": null, "factual_background": "

The Complainant is part of the Nestlé group and operates, through its group, a substantial pet care business. WHOLE EARTH FARMS is a pet food brand which originated with Merrick Pet Care, Inc. and became part of the Complainant’s group following the acquisition of Merrick Pet Care, Inc. by Nestlé Purina PetCare Company in 2015. The WHOLE EARTH FARMS trademark has been used in relation to pet food and pet treats for many years. <\/span><\/p>\n

The disputed domain name \"WHOLE EARTH FARMS\" was registered on 20 December 2024. According to the registrar verification, the Respondent is a physical person Mr. Vadym Bayev. <\/span><\/p>\n

The disputed domain name resolves to a website prominently displaying the Complainant’s WHOLE EARTH FARMS logo and photographs of products bearing the Complainant’s trademarks. The website also refers to the Complainant’s actual product names and presents information concerning the history of the WHOLE EARTH FARMS brand.<\/p>\n

The website contains “Check Price” and “Check Products” links which redirect Internet users through Amazon affiliate links to listings for competing pet food products. The website also contains forms through which visitors are invited to provide personal information.<\/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 contends that the disputed domain name is identical to its WHOLE EARTH FARMS trademark, as it incorporates the trademark in its entirety, with the only differences being the omission of spaces and the addition of the “.org” generic Top-Level Domain.<\/p>\n

<\/span><\/p>\n

The Complainant further contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not affiliated with or authorised by the Complainant and has not been permitted to use the WHOLE EARTH FARMS trademark. According to the Complainant, the Respondent is not commonly known by the disputed domain name and is not using it in connection with a bona fide offering of goods or services or for a legitimate noncommercial or fair use. <\/span><\/p>\n

Finally, the Complainant submits that the disputed domain name was registered and is being used in bad faith. In particular, the Respondent’s website reproduces the Complainant’s trademark, logo and product imagery and uses them to attract Internet users before redirecting those users, through affiliate links, to competing products for commercial gain. <\/span><\/p>\n

The Complainant requests that the disputed domain name be transferred to it.<\/p>\n

The Respondent did not submit any response to the complaint.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark 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>", "decision": "Accepted", "panelists": [ "Hana Císlerová" ], "date_of_panel_decision": "2026-08-28 00:00:00", "informal_english_translation": "

The Complainant has established rights in the WHOLE EARTH FARMS trademark, including through the following registrations:<\/p>\n