DECISION

 

Nutramax Laboratories, Inc. v. yan qing hua

Claim Number: FA2509002177751

 

PARTIES

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

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <cosequin-jointhealth.site>, registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn).

 

PANEL

The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.

 

Alan L. Limbury, as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on September 18, 2025. Forum received payment on September 18, 2025.

 

On September 18, 2025, Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) confirmed by e-mail to Forum that the <cosequin-jointhealth.site> domain name is registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) and that Respondent is the current registrant of the name. Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) has verified that Respondent is bound by the Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) registration agreement, which is in Chinese, 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 September 22, 2025, Forum served the Complaint and all Annexes, including a Chinese and English Written Notice of the Complaint, setting a deadline of October 14, 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@cosequin-jointhealth.site. Also on September 22, 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 October 15, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury 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

As noted, the Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) registration agreement is in Chinese. Pursuant to Rule 11(a), the language of the proceeding in relation to the <cosequin-jointhealth.site> domain name shall be Chinese unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.

 

Complainant requests that the proceeding be conducted in English, noting that the <cosequin-jointhealth.site> domain name is in English and resolves to an English language website. In the absence of any Response, these circumstances satisfy the Panel that Respondent is likely to be proficient in English and that there would be no undue prejudice to Respondent if English were the language of the proceeding.

 

Further, pursuant to Rule 11(a), the Panel determines that the language requirement has been satisfied through the Chinese and English language Written Notice of the Complaint and, absent a Response, determines that the proceedings may be conducted in English.

 

PARTIES' CONTENTIONS

A. Complainant

Since at least as early as 1992, Complainant, Nutramax Laboratories, Inc., and its affiliates have manufactured, marketed, distributed and sold a range of high-quality pet and human supplements to clients throughout the United States and internationally. One of Complainant's top selling supplements is Cosequin, a joint health supplement for dogs, cats and horses, which it advertises and promotes on its website at "www.cosequin.com". Complainant does not sell Cosequin products directly through its website. Instead, it directs consumers to retailers where they can purchase genuine product.

 

Complainant has registrations for the COSEQUIN trademark in the US and other countries.

 

Respondent's <cosequin-jointhealth.site> domain name is confusingly similar to Complainant's mark.

 

Respondent has no rights or legitimate interests in the <cosequin-jointhealth.site> domain name, which was registered long after Complainant acquired rights in the COSEQUIN mark. Respondent has no connection or affiliation of any kind with Complainant or its products, and Complainant has never granted Respondent a license or consent, express or implied, to use the COSEQUIN mark in any manner or to register the <cosequin-jointhealth.site> domain name. Respondent has been using the domain name in furtherance of a phishing scam, attempting to pass off its website as Complainant's official website for Cosequin, to take money from customers and provide no product in exchange, or to sell counterfeit Cosequin products, all to the benefit of Respondent and the detriment of consumers, as well as to Complainant. Such use is not a bona fide offering of goods or services or a legitimate noncommercial or fair use. There is no evidence that Respondent has any trademark rights in COSEQUIN JOINT HEALTH, no evidence that Complainant has authorized Respondent to use the trademark and no evidence that Respondent might be commonly known by the domain name.

 

The <cosequin-jointhealth.site> domain name was registered and is being used by Respondent in bad faith. Respondent is clearly intending to capture Internet traffic looking for an official website of Complainant and to redirect that traffic to Respondent's website by registering and using a domain name that is comprised of Complainant's exact COSEQUIN mark, all to Respondent's potential profit and the detriment of both Complainant and the public. Respondent is doing so by purchasing Google Ads for the domain name to direct unsuspecting consumers to the phishing site who are searching for "cosequin." Through the website previously located at the domain name, a website using the exact text and images from Complainant's legitimate Cosequin website, Respondent is seemingly engaged in a phishing scam to distribute counterfeit products and to harvest personal information from Complainant's customers who visit the website, including address and credit card information. Respondent also benefits commercially from using the confusingly similar domain name to mislead consumers into believing that Complainant is associated or affiliated with, or sponsors or endorses Respondent and its website, and to trick consumers into purchasing products from the website located at the domain name which, upon information and belief, never arrive or are counterfeit.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

Complainant has established all the elements entitling it to relief.

 

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

Complainant has shown that it has rights in the mark COSEQUIN, including USPTO Registration No. 1,791,253, registered on September 7, 1993 for dietary supplements for veterinary use, in International Class 5.

 

It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the complainant's trademark and the disputed domain name. WIPO Overview 3.0, ¶ 1.7.

 

The Panel finds Respondent's <cosequin-jointhealth.site> domain name to be confusingly similar to Complainant's COSEQUIN mark, only differing by addition of a hyphen and the words "joint health", which differences are insufficient to distinguish the domain name from Complainant's mark. The inconsequential ".site" generic top-level domain ("gTLD") may be ignored under this element. See, for example, Rollerblade, Inc. v. Chris McCrady, D2000-0429 (WIPO June 25, 2000).

 

Complainant has established this element.

 

Rights or Legitimate Interests

Paragraph 4(c) of the Policy provides that any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Respondent's rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

 

(i)                      before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

 

(ii)                      Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or

 

(iii)        Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.

 

The <cosequin-jointhealth.site> domain name was registered on September 15, 2025, many years after the registration of Complainant's COSEQUIN mark. Before it was taken down, it resolved to a website with the look and feel of Complainants website at "www.cosequin.com"; prominently displaying Complainant's COSEQUIN mark with the symbol ®; and promoting "Cosequin Joint Health Supplement for Dogs", with text and images copied from Complainant's website.

 

These circumstances, together with Complainant's assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <cosequin-jointhealth.site> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA1906001849706 (Forum July 17, 2019). Respondent has made no attempt to do so.

 

The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.

 

Complainant has established this element.

 

Registration and Use in Bad Faith

Paragraph 4(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used in bad faith" and Paragraph 4(b) sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii), including:

 

(iv)                      by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant, its COSEQUIN mark and "www.cosequin.com" website when Respondent registered the <cosequin-jointhealth.site> domain name and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's website, by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's website and of the products promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).

 

Complainant has established this element.

 

DECISION

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

 

Accordingly, it is Ordered that the <cosequin-jointhealth.site> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: October 16, 2025