DECISION

 

Nutramax Laboratories, Inc. v. Zhai Guo Rui

Claim Number: FA2508002170780

 

PARTIES

Complainant is Nutramax Laboratories, Inc. ("Complainant"), represented by Mary Grace Gallagher of Alston & Bird, LLP, Georgia, USA. Respondent is Zhai Guo Rui ("Respondent"), China.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <avmacolsus.com>, registered with DNSPod, Inc.

 

PANEL

The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.

 

Sandra J. Franklin as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on August 11, 2025; Forum received payment on August 11, 2025.

 

On August 13, 2025, DNSPod, Inc. confirmed by e-mail to Forum that the <avmacolsus.com> domain name is registered with DNSPod, Inc. and that Respondent is the current registrant of the names. DNSPod, Inc. has verified that Respondent is bound by the DNSPod, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").

 

On August 18, 2025, Forum served the Complaint and all Annexes, including a Chinese and English Written Notice of the Complaint, setting a deadline of September 8, 2025 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@avmacolsus.com. Also on August 18, 2025, the Chinese and English Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts.

 

Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default in Chinese and English.

 

On September 9, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Sandra J. Franklin as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: LANGUAGE OF PROCEEDING

The disputed domain name resolves to a website in English. The Panel finds that the evidence in the record demonstrates that Respondent is conversant in English and therefore the Panel will conduct this proceeding in English. See Morgan Stanley v. Wei Yang, FA2105001947212 (Forum Jun. 18, 2021) (conducting the proceedings in English was fair and just, particularly since the disputed domain name incorporated an English word and resolves to a website in English).

 

PARTIES' CONTENTIONS

A. Complainant

1.       Respondent's <avmacolsus.com> domain name is confusingly similar to Complainant's AVMACOL mark.

 

2.       Respondent does not have any rights or legitimate interests in the <avmacolsus.com> domain name.

 

3.       Respondent registered and uses the <avmacolsus.com> domain name in bad faith.

 

B. Respondent did not file a Response.

 

FINDINGS

Complainant provides dietary supplements and holds a registration for the AVMACOL mark with the United States Patent and Trademark Office ("USPTO") (Reg. No. 4,514,965, registered April 15, 2014).

 

Respondent registered the <avmacolsus.com> domain name on August 8, 2025, and uses it primarily to compete with Complainant.

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."

 

Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

 

(1)       the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and

(2)       Respondent has no rights or legitimate interests in respect of the domain name; and

(3)       the domain name has been registered and is being used in bad faith.

 

In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules.  The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) ("Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint").

 

Identical and/or Confusingly Similar

The Panel finds that Complainant has rights in the AVMACOL mark based on registration with the USPTO.  See Brooks Sports, Inc. v. Joyce Cheadle, FA 1819065 (Forum Dec. 28, 2018) (finding that Complainant's registration of the BROOKS mark with the USPTO sufficiently conferred its rights in the mark under Policy ¶ 4(a)(i)).

 

Respondent's <avmacolsus.com> domain name uses the entire AVMACOL mark and adds "s", us" and a gTLD. These changes do not sufficiently distinguish a disputed domain name from a mark for the purposes of Policy ¶ 4(a)(i). See Microsoft Corporation v. Thong Tran Thanh, FA 1653187 (Forum Jan. 21, 2016) (determining that confusing similarity exist where [a disputed domain name] contains Complainant's entire mark and differs only by the addition of a generic or descriptive phrase and top-level domain, the differences between the domain name and its contained trademark are insufficient to differentiate one from the other for the purposes of the Policy.) The Panel therefore finds that Respondent's <avmacolsus.com> domain name confusingly similar to Complainant's AVMACOL mark.

 

The Panel finds that Complainant has satisfied Policy ¶ 4(a)(i).

 

Rights or Legitimate Interests

Once Complainant makes a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), the burden shifts to Respondent to show it does have rights or legitimate interests. See Advanced International Marketing Corporation v. AA-1 Corp, FA 780200 (Forum Nov. 2, 2011) (finding that a complainant must offer some evidence to make its prima facie case and satisfy Policy ¶ 4(a)(ii)); see also Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014) ("Under Policy ¶ 4(a)(ii), Complainant must first make out a prima facie case showing that Respondent lacks rights and legitimate interests in respect of an at-issue domain name and then the burden, in effect, shifts to Respondent to come forward with evidence of its rights or legitimate interests").

 

Complainant asserts that Respondent has no rights or legitimate interests in the <avmacolsus.com> domain name, as Respondent is not commonly known by the domain name, and Complainant has not authorized or licensed Respondent to use its AVMACOL mark. The WHOIS information identifies Respondent as "Zhai Guo Rui". Therefore, the Panel finds that Respondent is not commonly known by the disputed domain name, and thus has no rights under Policy ¶ 4(c)(ii). See Radio Flyer Inc. v. er nong wu, FA 2011001919893 (Forum Dec. 16, 2020) ("Here, the WHOIS information lists "er nong wu" as the registrant and no information suggests Complainant has authorized Respondent to use the RADIO FLYER mark in any way. Therefore, the Panel finds that Respondent is not commonly known by the disputed domain name under Policy ¶ 4(c)(ii).")

 

Complainant argues that Respondent does not use the <avmacolsus.com> domain name for a bona fide offering of goods or services or a legitimate noncommercial or fair use. Under Policy ¶¶ 4(c)(i) and (iii), using a disputed domain name to sell competing goods or services is not a bona fide offering of goods or services or a legitimate noncommercial or fair use. See Invesco Ltd. v. Premanshu Rana, FA 1733167 (Forum July 10, 2017) ("Use of a domain name to divert Internet users to a competing website is not a bona fide offering of goods or services or a legitimate noncommercial or fair use.") Complainant provides screenshots of the website at the disputed domain name where Respondent offers AVMACOL branded goods in competition with Complainant using Complainant's mark and images. The Panel finds that this is not a bona fide offering of goods or services or a legitimate noncommercial or fair use, and thus Respondent has no rights under Policy ¶¶ 4(c)(i) or (iii).  See The Clearing House Payments Company L.L.C. v. FRIDAY OMAGA, FA 1953832 (Forum Aug. 3, 2021) (finding no rights or legitimate interests when "the resolving website mimics Complainant's legitimate website").

 

The Panel finds that Complainant has satisfied Policy ¶ 4(a)(ii).

 

Registration and Use in Bad Faith

The Panel finds that Respondent uses the <avmacolsus.com> domain name to divert users to its website, disrupting Complainant's business for its own commercial gain, demonstrating bad faith under Policy ¶ 4(b)(iii) and Policy ¶ 4(b)(iv). See H-D U.S.A., LLC v. Linchunming / linchunming, FA1411001589214 (Forum Dec. 22, 2014) ("As mentioned above, Respondent uses the domain name to promote counterfeit goods like those offered by Complainant. Doing so disrupts Complainant's business and demonstrates Respondent's bad faith under Policy ¶ 4(b)(iii)."); see also Bittrex, Inc. v. Wuxi Yilian LLC, FA 1760517 (Forum Dec. 27, 2017) (finding bad faith per Policy ¶ 4(b)(iv) where "Respondent registered and uses the <lbittrex.com> domain name in bad faith by directing Internet users to a website that mimics Complainant's own website in order to confuse users into believing that Respondent is Complainant, or is otherwise affiliated or associated with Complainant.")

 

The Panel also finds that Respondent registered the <avmacolsus.com> domain name with knowledge of Complainant's rights in the AVMACOL mark, based on Respondent's use of the domain name to copy content from Complainant's website and to directly compete with Complainant, and finds further bad faith under Policy ¶ 4(a)(iii).  See Expedia, Inc. v. Alexandru Stamate, Case No. FA 1588623 (Forum Dec. 9, 2014) ("the use of the <Expedia-flights.net> domain to display content that framed or is substantially identical to the Expedia.com website content under this domain reinforces the fact that Respondent knew of Complainant and intentionally sought to violate the rights in its EXPEDIA Marks").

 

The Panel finds that Complainant has satisfied Policy ¶ 4(a)(iii).

 

DECISION

Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <avmacolsus.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Sandra J. Franklin, Panelist

Dated: September 10, 2025