FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The Complainant is a global pharmaceutical company, committed to increasing access to high-quality healthcare by developing, producing and marketing affordable generic medicines and a focused portfolio of specialty medicines.
It operates in pharmaceutical markets worldwide, with a significant presence in the United States, Europe and other markets. Complainant is the leading generic drug company in the U.S., the leading generic pharmaceutical company in Europe, and in Canada in terms of prescriptions and sales. Revenues of Complainant in 2016 were $21.9 billion.
The Complainant is the owner of several domain names and trademarks containing the words "“TEVA" and "TEVAPHARM".
The Disputed domain name has been registered on December 27, 2017, and resolves to a parked page displaying commercial ads.
The Complainant states that the Disputed domain name is confusingly similar to the TEVA and TEVAPHARM trademarks in which Complainant has rights within the meaning of paragraph 4(a)(i) of the Policy. It incorporates the trademark “TEVA” followed by the letter "l" and the 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” and the Disputed domain name incorporates the entirety, adding only the letter "l" in between "Teva" and "Pharm," which looks like a vertical line separating the two words, or at best, is a typographical error, which does not negate confusing similarity.
The Complainant states furthermore, that Respondent has no rights or legitimate interests in respect of the Disputed domain name, because Respondent does not use it in connection with any legitimate use, but for a parking page. Respondent furthermore set up a mail server on the Disputed domain name, which is - in the view of Complainant - no legitimate interest.
Finally, the Disputed domain name was - in the view of the Complainant - registered and is being used in bad faith, because it is inconceivable that Respondent was unaware of Complainant's rights in either/both TEVA and TEVAPHARM when the domain was registered and because of the use of automatically generated pay-per-click links on the website and the setup of a mail server on the Disputed domain name.
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