FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The Complainant Cephalon, Inc. (“Cephalon”) is an indirect, wholly-owned subsidiary of Teva Pharmaceutical Industries Ltd., a global pharmaceutical company. Cephalon’s "PROVIGIL" Tablets [C-IV] are part of Teva’s CNS (Central Nervous System) line of specialty medicines. They contain modafinil, a Schedule IV federally controlled substances in the United States. PROVIGIL is indicated to improve wakefulness in adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea (but not as treatment for the underlying obstruction), or shift work disorder. Buying PROVIGIL requires a prescription in the USA.
The Complainant contends that its PROVIGIL mark is well known within its specialty area. The Complainant uses its mark online in domain names. See, e.g., http://provigil.com.
The Respondent has not been commonly known by the Disputed domain name. The Complainant has not authorized, permitted or licensed the Respondent to use its trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever.
The Respondent uses the Disputed domain names for an automatic website re-direction to the address http://modafinilforbitcoin.com/ On this website the Complainant's PROVIGIL packaging and mark are prominently displayed to promote the sale of modafinil for bitcoin in the USA without a prescription.
The Complainant finally contends that the Respondent's use of a ProtonMail account behind the proxy service of PrivacyGuardian.org, together with the name of the registrant organization that cannot be found when searching through a search engine like Google, is an indicator that the Respondent is taking extraordinary measures to conceal its identity.
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