{
    "case_number": "CAC-UDRP-100833",
    "time_of_filling": "2014-07-23 11:39:18",
    "domain_names": [
        "buyprovigilshop.com",
        "order-provigil.com",
        "buyprovigilonlineshop.com",
        "buynuvigil.com",
        "provigilenergy.com ",
        "provigilpurchase.com "
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Cephalon, Inc."
    ],
    "complainant_representative": "Matkowsky Law PC",
    "respondent": [
        "Rx Revenue"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a company with its legal seat in Frazer, Pennsylvania, United States. The Complainant is a global biopharmaceutical company that markets medicines in several therapeutic areas. This includes the Provigil and Nuvigil prescription medicines that are indicated to improve wakefulness in adults who experience excessive sleepiness due to obstructive sleep apnea, shift work disorder, or narcolepsy. In the United States, Provigil and Nuvigil are Schedule IV [C-IV] medications, as determined by the Drug Enforcement Agency (DEA), because they have the potential to be abused or lead to dependence.\r\n\r\nThe following domain names are subject of these proceedings:\r\n\r\n1.\tbuynuvigil.com   \r\n2.\tbuyprovigilonlineshop.com \r\n3.\tbuyprovigilshop.com  \r\n4.\torder-provigil.com  \r\n5.\tonlineprovigil.org \r\n6.\tprovigilpurchase.com  \r\n7.\tProvigil-online.net \r\n8.\tprovigilmodafinil.net \r\n9.\tprovigilenergy.com \r\n10.\tprovigilonline.com \r\n11.\tmyprovigilonline.net \r\n12.\tprovigils.com \r\n\r\nAccording to the relevant records the disputed domain names have been registered in the name of the following registrants. Respondent regarding domain names 1 up to and including 4 is RX Revenue from Russia. Respondent regarding domain name 5 and 6 is Luca Radu from the United States. Respondent regarding domain names 7 and 8  is John Horton from the United States. Respondent regarding domain name 9 is Lopas Kalto from - according to the register - “Oper, TJ”. Respondent regarding domain names 10 and 11 is Tomasevic T Robert from Lithuania. To conclude, Respondent regarding domain name 12 is Tomek Szekofski from Poland. \r\n\r\nDomain names 1, 2, 3, 4, 6, 10 are being used for - in brief - websites that sell medicines without prescription being required, which medicines are pretended to be Nuvigil and Provigil. The other domain names are not being used.  \r\n\r\nThe Complainant has requested to consolidate the multiple registrants as respondents in a single administrative proceeding pursuant to paragraph 3 (c) or 10 (e) of the Rules.",
    "other_legal_proceedings": "This case is a consolidation of domain names of case No. 100832 and case No. 100833, which consolidation was accepted by the CAC on 25 August 2014. ",
    "no_response_filed": "A RESPONSE HAS BEEN FILED REGARDING TWO DOMAIN NAMES. THIS RESPONSE SUPPORTS THE COMPLAINT\r\n\r\nOf all Respondents, only John Horton has filed a response. Mr. Horton states that the Whois records regarding the domain names provigil-online.net and provigilmodafinil.net are falsified. He has never registered these domain names and therefore he fully supports the Complainant's filing and urges the Panel to transfer these domain names to the Complainant.\r\n\r\nWIT RESPECT TO THE OTHER DISPUTED DOMAIN NAMES NO ADMINISTRATIVELY COMPLIANT RESPONSES HAVE BEEN FILED.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are confusingly similar to the trademarks in which the Complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondents  to have no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain names have been registered and were being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Alfred Meijboom"
    ],
    "date_of_panel_decision": "2014-10-30 00:00:00",
    "informal_english_translation": "The Complainant owns numerous PROVIGIL trademark registrations throughout the world, including but not limited to the following federal trademark registrations in the United States:\r\n\r\n- Reg. No. 2,000,231, first used in 1995, with a priority application-filing date of March 31, 1994, issued in 2006, in  International Class 5; and\r\n- Reg. No. 2,499,937, first used in 1995, with a priority application-filing date of November 9, 1999, issued October 23, 2001, in International Class 5.\r\n\r\nFurther, the Complainant owns numerous NUVIGIL trademark registrations throughout the world, including but not limited to the following federal trademark registrations in the United States:\r\n\r\n- Reg. No. 3,538,564, issued November 25, 2008 with a priority filing date of May 27, 2004, issued in 2006, in International Class 5; and\r\n- Reg. No. 3,782,440, issued April 27, 2010 with a priority application filing date of February 11, 2009, In International Class 5.\r\n",
    "decision_domains": {
        "BUYPROVIGILSHOP.COM": "TRANSFERRED",
        "ONLINEPROVIGIL.ORG": "TRANSFERRED",
        "PROVIGILONLINE.COM": "TRANSFERRED",
        "MYPROVIGILONLINE.NET": "TRANSFERRED",
        "ORDER-PROVIGIL.COM": "TRANSFERRED",
        "BUYPROVIGILONLINESHOP.COM": "TRANSFERRED",
        "BUYNUVIGIL.COM": "TRANSFERRED",
        "PROVIGILENERGY.COM ": "TRANSFERRED",
        "PROVIGILPURCHASE.COM": "TRANSFERRED",
        "PROVIGIL-ONLINE.NET": "TRANSFERRED",
        "PROVIGILS.COM": "TRANSFERRED",
        "PROVIGILMODAFINIL.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}