1.
The Panel finds that the disputed domain name <tevapharm.xyz> is confusingly similar to the Complainant’s trademarks. As a matter of fact, it merely consists of the trademark “TEVA” followed by the English term “pharm” which is applicable as a descriptive term to the field in which the Complainant plays a prominent role, i.e. the pharmaceutical sector, and which is therefore likely to increase the possibility of confusion amongst consumers. In addition, the Complainant is also the owner of a further registered trademark “TEVAPHARM”.
2.
In the absence of any Response, or any other information from the Respondent indicating the contrary, the Panel further holds that the Complainant successfully presented its prima facie case and that the Respondent has no rights or legitimate interests in respect of the Disputed domain name. In particular, the Respondent is not affiliated with nor authorized by the Complainant in any way, and he is not related in any way to the Complainant’s business. Moreover, the Respondent has not demonstrated any preparations to use the Disputed domain name in connection with a bona fide offering goods or services. In this context, the Panel notes that the Disputed domain name redirects to a Sedo parking page with pay-per-click links. Therefore, the Panel is of the view that the Disputed domain name was registered by the Respondent with the intention to obtain financial advantage from the similarity between the Disputed domain name and the trademark the Complainant uses for its business. The Respondent makes profit from the pay-per-click links and takes undue advantage from the reputation of the TEVA trademark.
3.
Finally, the Panel finds that the Disputed domain name has been registered and is being used in bad faith.
In fact, the Respondent has intentionally registered the Disputed domain name which totally reproduces the Complainant’s trademarks “TEVA” and “TEVAPHARM”. By the time the Disputed domain name was registered, it is unlikely that the Respondent did not have knowledge of the Complainant’s rights on the trademarks “TEVA” and “TEVAPHARM”. The Complainant further provided evidence that the Respondent is using the Disputed domain name to lead to a parking page containing pay-per-click links directing to competitors of the Complainant and that generate profit to the Respondent. In the Panel's view, these facts, including the fact that the Disputed domain name is offered for sale to the general public, also confirm that the Disputed domain name is used to intentionally attempt to attract, for commercial gain, Internet users to the Respondent's 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 the Respondent's web site or location, or of a product or service on the Respondent's web site or location.
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