The Panel finds that the Disputed domain name <combivent.one> is identical to the Complainant’s trademarks.
The Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed domain name; that the Respondent is not related to the Complainant; that the Complainant does not carry out any activity for, nor has any business with the Respondent; and that the Complainant did not grant any licence or authorization to the Respondent to use the Complainant's trademarks or apply for the Disputed domain name.
Moreover, the Complainant contends (and provided evidence) that the Disputed domain name resolves to a website linked to a third site that offers COMBIVENT’s pharmaceutical drugs in competition with the Complainant, by the display of a button “Buy Now” and a text answering the question “How do I safely buy Combivent online”. The Complainant also contends (and provided evidence) that clicking on the button “buy now” redirects a visitor to a third party website named <pills2sale.com> which sells nonauthorized COMBIVENT drugs and other products from Competitors of the Complainant. The Complainant rightfully contends that the Respondent has not developed a legitimate use in respect of the Disputed domain name. Competing use is not considered a bona fide offering of goods or services, nor a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(i) and Policy ¶ 4(c)(iii).
The Complainant contends that the Respondent was seeking to use the Disputed domain name only to divert consumers to its own website and that the Respondent has no legitimate interests in respect of the Disputed domain name.
The Panel notes that the Disputed domain names holder’s name or contact details contain no reference to COMBIVENT or a similar word or name.
In lack of any Response from the Respondent, or any other information indicating the contrary, the Panel concludes that the Respondent has no rights or legitimate interests in respect of the Disputed domain name <combivent.one>.
The Complainant also contended and proved that the Respondent tried to attract internet users for commercial gain by creating a likelihood of confusion with the Complainant's trademarks. The Complainant rightfully contended that the Disputed domain name is identical to the prior trademark COMBIVENT of the Complainant, as registered with the Trademark ClearingHouse. The Complainant also refers to the distinctiveness and reputation of its COMBIVENT trademarks, and to the fact that the website linked to the Disputed domain name contains a text "How do I safely buy Combivent online" and a button "buy now" which in its turn links to a website where the unauthorized COMBIVENT products and competing products are being sold. This makes it highly unlikely that the Respondent had no knowledge of the Complainant's prior trademark rights at the time of registration (or use) of the Disputed domain name. The Complainant rightfully contends that the Respondent has used the Disputed domain name intentionally to attract visitors for commercial gain by creating confusion with the Complainant’s trademarks, and that the Respondent has made the registration with that intention, constituting registration in bad faith. The Complainant also rightfully contends that the Respondent uses the Disputed domain name in bad faith to redirect Internet traffic to a for profit online pharmacy that sells pharmaceuticals directly competing with the Complainant.
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