FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
According to the Registrars’ verifications the disputed Domain Name was registered with the present registrant at least since 4 March 2015.
It results from the Complainant’s undisputed allegations and evidence that the Respondent does business as MedFax.com (“MedFax” or “TruthMD”). In 2014, MedFax offered for sale reports covering over 3,500 prescription drugs and medications and their side effects.
The Complainant has further provided evidence from which it results that it pursued transfer of the disputed Domain Name. It further results from this evidence that the Respondent, by its legal representatives (letter dated 4 March 2015), conceded it has no present intention to utilize the disputed Domain Name and that it additionally proposed to assign and transfer the disputed Domain Name to the Complainant against a payment U$10,000.
The Complainant claims that the disputed Domain Name is confusingly similar to its mark. Furthermore, it contends that the Respondent does not have any rights or legitimate interest in the disputed Domain Name. It has not been authorized, licensed or permitted to register and use the domains by the Complainant. Moreover, the Complainant states the Respondent has not been commonly known by the disputed Domain Name. Finally, the Complainant claims that the disputed Domain Name has been registered and is being used in bad faith.
|