{ "case_number": "CAC-UDRP-100892", "time_of_filling": "2014-12-11 14:38:07", "domain_names": [ "buynuvigilquick.com", "buyprovigil-quick.com", "buyprovigilextra.com", "buyprovigilmeds.com", "nuvigilquick.com", "nuvigilrx.com", "provigilforsale.com" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "Cephalon, Inc." ], "complainant_representative": "Matkowsky Law PC", "respondent": [ "Alen Mironassyan, Alen Mironassyan" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe 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. BUYNUVIGILQUICK.COM, registered on March 24, 2013 under the name of Alen Mironassyan of Bordeaux, France with the email address support@joeseb.com;\r\n2. BUYPROVIGIL-QUICK.COM, registered on June 15, 2013 under the name of Mike Bento of Bresnan, Croatia, with the email address support@joeseb.com;\r\n3. BUYPROVIGILEXTRA.COM, registered on April 2, 2013 under the name of Vasju Pere of Paris, France, with the email address support@raiseaum.com;\r\n4. BUYPROVIGILMEDS.COM, registered on April 1, 2013 under the name of Vasju Pere of Paris, France, with the email address support@raiseaum.com;\r\n5. NUVIGILQUICK.COM, registered on April 22, 2014 under the name of Michael Thornton of Prague, Czech Republic, with the email address support@raiseaum.com;\r\n6. NUVIGILRX.COM, registered on December 12, 2012 under the name of Vasju Pere of Paris, France, with the email address support@raiseaum.com; and\r\n7. PROVIGILFORSALE.COM, registered on April 6, 2013 under the name of Vasju Pere of Paris, France, with the email address support@raiseaum.com\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.\r\n\r\nAll disputed domain names are used for commercial websites either advertising the sale of medicines without prescription being required, or general advertisement links to a variety of businesses and products.\r\n\r\nThe Complainant argues that it has not authorized, licensed, or permitted Respondents to register or use the disputed domain names, or to use its trademark. Respondents are not known by the disputed domain names, nor have Respondents acquired any trademark rights in respect of the domain names. \r\n\r\nThe Complainant further contends that Respondents have used the disputed domain names to intentionally attempt to attract, for commercial gain, Internet users to websites by creating a likelihood of confusion with the Complainant’s trademarks as to source, sponsorship, affiliation, or endorsement of the websites or of products available at the websites or through the sites. \r\n\r\nThe Complainant finally contends that both the nature of the disputed domain names as such as well as their current use clearly indicate that Respondents were aware of Complainant's trademarks when registering the domain names. ", "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain names.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trademark or service 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 Respondents 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. ", "decision": "Accepted", "panelists": [ "Dr. Thomas Schafft" ], "date_of_panel_decision": "2015-02-17 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.", "decision_domains": { "BUYNUVIGILQUICK.COM": "TRANSFERRED", "BUYPROVIGIL-QUICK.COM": "TRANSFERRED", "BUYPROVIGILEXTRA.COM": "TRANSFERRED", "BUYPROVIGILMEDS.COM": "TRANSFERRED", "NUVIGILQUICK.COM": "TRANSFERRED", "NUVIGILRX.COM": "TRANSFERRED", "PROVIGILFORSALE.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }