There can be no discussion as to whether the disputed domain name, not including the generic Top-Level Domains (“gTLD”) .app, is identical to the rights of the Complainant, and although the Complainant claims that the trademark MOBIC is well-known, sufficient evidence to support this claim has not been presented.
In this respect, it is well established that gTLDs may be disregarded in the assessment under paragraph 4(a)(i) of the Policy.
Secondly, this panel has conducted its own investigation into alternative meanings of the word “MOBIC” in order to establish whether there, in fact, are secondary meanings, including none-dictionary words such as “slang” or the like.
This investigation has not shown any such secondary meaning, in fact, most results refer to the Complainant and the product and Meloxicam which the Websters Dictionary notes is marketed under the trademark “Mobic”.
However the above, “MOBIC” might be suggestive of “mobile” thereby making the disputed domain name a reference to mobile applications, e.g. for smartphones. This argument and the subsequent burden of proof, however, rests solely on the Respondent who has not presented it.
Consequently, this panel will base its decision on the facts and evidence presented, which are (1) the disputed domain name is identical to the rights of the Complainant and (2) the trademark appears frequently, if not solely, in searches conducted on http://google .com., making it, if not well-known, then at least widely available. (3) The Complainant’s trademark is a pharmaceutical trademark, consequently, subject to a stricter assessment of similarities between it and other trademarks. (4) the Respondent registered the disputed less than 2 months before the complaint was filed but did present any comments or evidence as to its legality or any rights or interests of the Respondent.
Finally, (5) the Complainant previously, successfully had the domain <mobic.online> (CAC Case No. 101201) transferred to the Complainant.
Given the above, including also the similarities to CAC Case No. 101201, especially between the gTLD .online and .app and their meaning, this Panel finds that the disputed domain name was registered in bad faith as the Respondent should have been aware of the Complainant's trademark MOBIC when the Respondent registered the disputed domain name given the trademark’s reputation. Further, the disputed domain name resumes to an inactive webpage which demonstrates a lack of use in good faith.
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