DECISION

 

MacuHealth LP v. MESHIA,NACOLE BLACKWELL

Claim Number: FA2601002200741

 

PARTIES

Complainant is MacuHealth LP ("Complainant"), represented by Jessica S. Sachs of Harness, Dickey & Pierce, P.L.C., Michigan, USA. Respondent is MESHIA, NACOLE BLACKWELL ("Respondent"), Virginia, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <macuhealthpro.shop> ("Disputed Domain Name"), registered with NameCheap, Inc.

 

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.

 

David L. Kreider, Chartered Arbitrator (UK), as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 20, 2026; Forum received payment on January 20, 2026.

 

On January 22, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <macuhealthpro.shop> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name.  NameCheap, Inc. has verified that Respondent is bound by the NameCheap, 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 January 27, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 17, 2026, 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@macuhealthpro.shop. Also on January 27, 2026, the 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.

 

On February 18, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David L. Kreider 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.

 

PARTIES' CONTENTIONS

A. Complainant

Since 2008, Complainant has been engaged in commerce as a manufacturer of nutritional supplements formulated to support eye health. The Disputed Domain Name, registered in 2025, reverts to a website ("Respondent's Website") that attempts to mimic Complainant by displaying Complainant's products for sale under the trademark MACUHEALTH. Respondent, the Complainant alleges, seeks to impersonate and pass itself off as Complainant and is not using the Disputed Domain Name for any legitimate or bona fide business purposes.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

1.       Complainant owns the trademark MACUHEALTH (the "Marks"), including U.S. registration no. 3655528 issued on July 14, 2009.

2.       The Disputed Domain Name was registered on December 13, 2025.

3.       The Disputed Domain Name fully incorporates Complainant's MACUHEALTH Mark, merely adding the generic term "pro" and including the administratively required generic top-level domain identifier, ".shop."  

4.       Respondent has no rights or legitimate interest in the Disputed Domain Name. The WHOIS information does not reflect that Respondent, MESHIA, NACOLE BLACKWELL, was ever or is now commonly known as "macuhealthpro", or similar.

5.       The Disputed Domain Name resolves to Respondent's Website, which the Panel finds is virtually indistinguishable from Complainant's official website at www.macuhealth.com, incorporating Complainant's copyrighted artwork, look and feel, and customer testimonials.

6.       The Panel finds that Respondent targeted the Complainant and the Mark in bad faith for the purpose of free riding on the Complainant's goodwill. Respondent clearly intended to confuse members of the public as to the source, sponsorship, affiliation, or endorsement of Respondent's Website or the products offered on the site, and funnel Internet users to Respondent's Website for its own financial gain.

 

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 the Disputed Domain Name <macuhealthpro.shop> is identical or confusingly similar to Complainant's registered MACUHEALTH Mark. The Disputed Domain Name incorporates the MACUHEALTH Mark in its entirety, merely adding the generic term "pro", along with the required generic ".shop" top-level domain identifier. The Panel considers that the addition of "pro" and the use of the top-level domain ".shop", enhances, rather than lessening, the confusing similarity with Complainant's registered Mark. 

 

The Panel finds that the Complainant has satisfied the first element at Policy Paragraph ¶ 4(a)(i).

 

Rights or Legitimate Interests

The Panel notes with concern that the website to which the Disputed Domain Name <macuhealthpro.shop> resolves purports to offer Complainant's MACUHEALTH, MACUHEALTH+, and VITREOUSHEALTH branded products. The Panel considers that this will not only cause damage to Complainant through loss of business, but that this also puts members of the public at risk should products promoted by Respondent be counterfeit.

 

Respondent has no rights or legitimate interest in the Disputed Domain Name, which resolves to a website attempting to impersonate and mimic Complainant and Complainant's official website. Panels have categorically held that the use of a domain name for illegal activity (e.g., the sale of counterfeit goods or illegal pharmaceuticals, phishing, distributing malware, unauthorized account access/hacking, impersonation/passing off, or other types of fraud) can never confer rights or legitimate interests on a respondent, particularly in the case of counterfeits and pharmaceuticals […]". WIPO Overview at par. 2.13.1.

 

The Panel finds that the Complainant has satisfied the second element at Policy Paragraph ¶ 4(a)(ii).

 

Registration and Use in Bad Faith

Legitimate rights or bona fide use do not exist when there is deliberate infringement of another's rights, or when the domain name is used in bad faith to divert users through confusion by using a website that mimics that of the trademark owner or its licensee. See MacuHealth LP v. Zhang Xing Man FA 2155761 (Forum June 12, 2025) ("The web site attached to the Domain Name uses the Complainant's mark and logo as a masthead and copies material from the Complainant's web site impersonating the Complainant so that the Respondent's site appears to be an official site of the Complainant. The Panel finds this use is deceptive and passing off. As such it cannot amount to the bona fide offering of goods and services."). See also MacuHealth LP v. wang yu chen FA 2183605 (Forum November 28, 2025) ("Panels have also held that the use of a domain name for illegal activity, here claimed impersonation/passing off, can never confer rights or legitimate interests on a respondent. WIPO Overview 3.0, section 2.13.1.")

 

Complainant argues that Respondent is engaged in the practice of "combosquatting" – a type of cybersquatting that combines "a particular brand and a generic keyword to create a cybersquatted domain name" – by combining Complainant's MACUHEALTH Mark with the generic keyword "pro", premised on the idea that the combination of a trademark and descriptive or generic words in the Disputed Domain Name will confuse Internet users and divert them to the combosquatter's website.

 

This Panel agrees that Respondent's bad faith registration and use of the Disputed Domain Name are well-established by the Complaint and supporting evidence.

 

The Panel finds that the Complainant has satisfied the third element at Policy Paragraph ¶ 4(a)(iii).

 

DECISION

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

 

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

 

 

 

David L. Kreider, Panelist

Dated: February 19, 2026