{
    "case_number": "CAC-UDRP-100897",
    "time_of_filling": "2014-12-08 12:06:59",
    "domain_names": [
        "saxendapills.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Novo Nordisk A\/S"
    ],
    "complainant_representative": "Wallberg IP Advice",
    "respondent": [
        "zac bassham"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a global healthcare company with its headquarters in Denmark. The Complainant employs approximately 40,700 employees across 75 countries, and markets its products in more than 180 countries. The Complainant had an annual turnover in 2013 of Euros 11.2 billion. \r\n\r\nThe Complainant holds around 30 trade mark registrations for the SAXENDA mark including as a European Community Trade Mark and in the United States of America. SAXENDA is planned to be the brand of a product procured by the Complainant which will be for the treatment of obesity.\r\n\r\nThe Complainant is the owner of the various domain names containing the SAXENDA mark including 'saxenda.com'. \r\n\r\nThe Domain Name was registered by Zac Bassham (the 'Respondent') on 31 October 2014, and has been used to resolve to an active website through which the Respondent sells third party weight loss products. ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name SAXENDAPILLS.COM (the ‘Domain Name’).",
    "no_response_filed": "PARTIES CONTENTIONS\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant asserts that the Domain Name is identical or confusingly similar to its trade mark SAXENDA for the Domain Name incorporates the Complainant's trade mark SAXENDA combined with the generic and descriptive term \"pills\". This combination constitutes a domain name which is confusingly similar to the Complainant's trade mark SAXENDA. \r\n\r\nThe Complainant furthermore claims that the Respondent has no rights or legitimate interests in respect of the Domain Name since the Complainant has not licenced, consented or otherwise authorised the Respondent to use its trade mark SAXENDA in a domain name or in any other manner. \r\n\r\nAccording to the Complainant, the Respondent was not using the Domain Name as a trade mark, company name, business or trade name prior to the registration of the Domain Name, nor is the Respondent commonly known in reference to the Domain Name. \r\n\r\nThe Complainant claims that by deliberately including the Complainant's SAXENDA trade mark in his registration of the Domain Name, the Respondent is intentionally attempting to attract, for commercial gain, Internet users to the Respondent's website by creating a likelihood of confusion with the Complainant's SAXENDA mark as to the source, sponsorship, affiliation or endorsement of the Respondent's website. \r\n\r\nFinally, Complainant asserts that the disputed Domain Name was registered and is being used in bad faith. In this regard, the Respondent had positive knowledge as to the existence of the Complainant's SAXENDA trade mark at the time the Respondent registered the Domain Name. The Complainant submitted evidence that  there had been publicity about expected FDA approval of the Complainant's SAXENDA obesity treatment prior to the Respondent's registration of the Domain Name.\r\n\r\nThe Complainant concludes that the Respondent is using the Domain Name to divert Internet traffic to the Respondent's website selling weight loss products. By doing so, the Respondent intentionally attempts to attract, for commercial gain, Internet users to his website by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation or endorsement of the Respondent's website.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent submitted a response stating his website is a web-store that sells weight loss products. The Respondent states he is not \"squatting\" and is using the Domain Name legally. \r\n\r\nThe Respondent does not wish to sell the Domain Name or relinquish ownership because the Domain Name \"appears to have a weight loss drug reference\" in its title, and states he does \"not have any bad intentions\" and is \"willing to come to an agreement\".\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is confusingly similar to a trade mark 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 Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is 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.\r\n\r\nThe Complainant, being represented by Wallberg IP Advice in Denmark, filed its complaint in relation to the Domain Name with the Czech Arbitration Court on 8 December 2014.  \r\n\r\nThe CAC formally commenced proceedings on 9 December 2014 and notified the Respondent accordingly.\r\n\r\nThe Respondent submitted his Response within the time frame required, following which the Complainant requested a temporary suspension of the proceedings to attempt to reach a settlement. The Czech Arbitration Court suspended the proceedings accordingly under Par. 11(a) of its UDRP Supplemental Rules. However, the Respondent did not reply to the Complainant's approach, and therefore the Czech Arbitration Court was asked by the Complainant to resume proceedings which it did. The Response was accepted by the Czech Arbitration Court on 30 December 2014, and the proceedings continued. \r\n\r\nHaving received a Statement of Acceptance and Declaration of Impartiality, the Czech Arbitration Court appointed Steve Palmer, of Palmer Biggs Legal - Solicitors, as the Panel in these UDRP proceedings on 12 January 2015. \r\n",
    "decision": "Accepted",
    "panelists": [
        "Steve Palmer"
    ],
    "date_of_panel_decision": "2015-01-21 00:00:00",
    "informal_english_translation": "Novo Nordisk A\/S (the 'Complainant') is the owner of numerous registered trade marks for SAXENDA across a large number of territories worldwide, including the European Union and the United States of America. ",
    "decision_domains": {
        "SAXENDAPILLS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}