FACTS ASSERTED BY THE COMPLAINANT IN THE COMPLAINT AND NOT CONTESTED BY THE RESPONDENT:
The Complainant H. Lundbeck A/S was founded in 1915 and is now is an international pharmaceutical company engaged in the research, development, production, marketing and sale of pharmaceuticals across the world. The company's products are targeted at disorders such as depression and anxiety, psychotic disorders, epilepsy and Huntington's, Alzheimer's and Parkinson's diseases.
Lundbeck is one of the world's leading pharmaceutical companies working with brain disorders. In 2014, the company's revenue was USD 3.4 billion). Today Lundbeck employs approximately 5.600 people worldwide.
Lundbeck markets a number of different pharmaceuticals for the treatment of brain disorders. The most recently launched compounds include: Cipralex/Lexapro® (depression), Ebixa® (Alzheimer’s disease), Azilect® (Parkinson’s disease), Xenazine® (chorea associated with Huntington's disease), Sabril® (epilepsy), Sycrest® (bipolar disorder) and Onfi® (Lennox-Gastaut syndrome).
The trademark Lexapro® is registered in more than 100 countries around the world.
The disputed domain names lexapro.click and lexapro.link are both identical to the trade mark Lexapro®, in which the complainant holds rights. The Complainant asserts that it is an established and recognized principle under the UDRP that the presence of the top level domain designation in the domain name – here .click and .link - is irrelevant in the comparison of a domain name to a trademark.
The Respondent has not received any license or consent, express or implied, to use the Complainant´s trademark Lexapro®, in a domain name or in any other manner from the Complainant, nor has the Complainant acquiesced in any way to such use or application by the Respondent. At no time did the Respondent have authorization from the Complainant to register the disputed domain names.
Further, to the best knowledge of the Complainant, the Respondent has no rights in the contested domain names. The Respondent did thus not use the domain names as a trademark, company name, business or trade name prior to the registration of the disputed domain name, nor is the Respondent otherwise commonly known in reference to the names.
Also, to the best knowledge of the Complainant, the Respondent has no legitimate interest in the contested domain names.
Finally, since the domain names do not appear to be used it is evident that the Respondent does not make a legitimate noncommercial or fair use of the domain names.
The Complainant´s trademark Lexapro® is registered in the recorded country of residence of the Respondent, Russia, through the Madrid Protocol.
The Complainant claims that because of the distinctive nature and intensive use of the Complainant´s trademark Lexapro®, the Respondent had positive knowledge as to the existence of the Complainant’s trademark at the time the Respondent registered the domain names.
The disputed domain names are not actively used.
The Complainant claims that due to the distinctive nature and intensive use of the Complainant´s trademark Lexapro®, it is immediately inconceivable that the Respondent will be able to use the disputed domain names for any plausible purpose that would not be infringing the Complainant’s rights.
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