FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The Complainant is a global biopharmaceutical company that markets medicines in several therapeutic areas. This includes the Provigil and Nuvigil prescription medicines that are indicated to improve wakefulness in adults who experience excessive sleepiness due to obstructive sleep apnea, shift work disorder, or narcolepsy. In the United States, Provigil and Nuvigil are Schedule IV [C-IV] medications, as determined by the Drug Enforcement Agency (DEA), because they have the potential to be abused or lead to dependence.
The following domain names are subject of these proceedings:
1. BUYNUVIGILQUICK.COM, registered on March 24, 2013 under the name of Alen Mironassyan of Bordeaux, France with the email address support@joeseb.com;
2. BUYPROVIGIL-QUICK.COM, registered on June 15, 2013 under the name of Mike Bento of Bresnan, Croatia, with the email address support@joeseb.com;
3. BUYPROVIGILEXTRA.COM, registered on April 2, 2013 under the name of Vasju Pere of Paris, France, with the email address support@raiseaum.com;
4. BUYPROVIGILMEDS.COM, registered on April 1, 2013 under the name of Vasju Pere of Paris, France, with the email address support@raiseaum.com;
5. NUVIGILQUICK.COM, registered on April 22, 2014 under the name of Michael Thornton of Prague, Czech Republic, with the email address support@raiseaum.com;
6. NUVIGILRX.COM, registered on December 12, 2012 under the name of Vasju Pere of Paris, France, with the email address support@raiseaum.com; and
7. PROVIGILFORSALE.COM, registered on April 6, 2013 under the name of Vasju Pere of Paris, France, with the email address support@raiseaum.com
The Complainant has requested to consolidate the multiple registrants as Respondents in a single administrative proceeding pursuant to paragraph 3 (c) or 10 (e) of the Rules.
All disputed domain names are used for commercial websites either advertising the sale of medicines without prescription being required, or general advertisement links to a variety of businesses and products.
The Complainant argues that it has not authorized, licensed, or permitted Respondents to register or use the disputed domain names, or to use its trademark. Respondents are not known by the disputed domain names, nor have Respondents acquired any trademark rights in respect of the domain names.
The Complainant further contends that Respondents have used the disputed domain names to intentionally attempt to attract, for commercial gain, Internet users to websites by creating a likelihood of confusion with the Complainant’s trademarks as to source, sponsorship, affiliation, or endorsement of the websites or of products available at the websites or through the sites.
The Complainant finally contends that both the nature of the disputed domain names as such as well as their current use clearly indicate that Respondents were aware of Complainant's trademarks when registering the domain names.
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