{
    "case_number": "CAC-UDRP-100927",
    "time_of_filling": "2015-07-17 09:28:30",
    "domain_names": [
        "buyproairhfa.com",
        "buy-proair.com "
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "TEVA RESPIRATORY, LLC"
    ],
    "complainant_representative": null,
    "respondent": [
        "Privacy Hero Inc"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1. The Complainant is the U.S.-based respiratory division of Teva Pharmaceutical Industries Ltd., a global pharmaceutical company. Complainant’s ProAir® HFA Inhalation Aerosol is indicated in patients 4 years of age and older for the treatment or prevention of bronchospasm. ProAir® HFA Inhalation Aerosol is the most successful quick-relief inhaler in the USA based on the number of prescriptions. The Complainant is the registrant of the domain names “proair.com” and “myproair.com”\r\n\r\n2. The disputed domain names “buyproairhfa.com” and “buy-proair.com” were both registered on 29 December 2010. Respondent 1 (Privacy Hero Inc, Barbados) is a Privacy\/Proxy Provider who acts as the Registrar’s privacy service and appears as the registered name holder on both domains according to the Whois database. Respondent 2 (IT Company, Canada) has been revealed by the Registrar to be the actual registrant of the disputed domain names according to their records. Hence, Respondent 1 serves as a registered name holder commissioned by Respondent 2. The latter is not an authorized vendor, supplier, or agent. The disputed domain names link on www.canadianpharmacymeds.com, an Internet drug outlet. The website provides branded and generic medications, not only but also Complainant’s ProAir® HFA Inhalation Aerosol. The domain names direct users to landing pages specifically promoting generic alternatives to the Complainant’s product.   \r\n",
    "other_legal_proceedings": "No other proceedings have been notified to the Panel nor is the Panel aware of such proceedings. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Names are 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 the Respondent 2 to have no rights or legitimate interests in respect of the 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 the Domain Name has been registered and is being used in bad faith by Respondent 2, however not by Respondent 1 (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": [
        "Dominik Eickemeier"
    ],
    "date_of_panel_decision": "2015-09-07 00:00:00",
    "informal_english_translation": "\"Proair\" is a registered U.S. trade mark (Reg. No.3,166,297). It was filed on 17 December 2004 and registered on 31 October 2006 in, amongst others, class 5 which covers pharmaceuticals.\r\n\r\nComplainant is the registered owner of the trademark.\r\n",
    "decision_domains": {
        "BUYPROAIRHFA.COM": "TRANSFERRED",
        "BUY-PROAIR.COM": "TRANSFERRED"
    }
}