{
    "case_number": "CAC-UDRP-101189",
    "time_of_filling": "2016-03-02 12:20:38",
    "domain_names": [
        "lexapro.xyz",
        "buy-lexapro.xyz"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "H. Lundbeck A\/S"
    ],
    "complainant_representative": "Wallberg IP Advice",
    "respondent": [
        "Anna Kuryndina"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states that it \"was founded in 1915 and is now is an international pharmaceutical company engaged in the research, development, production, marketing and sale of pharmaceuticals across the world. The company's products are targeted at disorders such as depression and anxiety, psychotic disorders, epilepsy and Huntington's, Alzheimer's and Parkinson's diseases.\"\r\n\r\nComplainant further states that it \"is one of the world's leading pharmaceutical companies working with brain disorders. In 2014, the company's revenue was USD 3.4 billion). Today Lundbeck employs approximately 5.600 people worldwide.\"\r\n\r\nComplainant further states that it \"markets a number of different pharmaceuticals for the treatment of brain disorders. The most recently launched compounds include: Cipralex\/Lexapro® (depression), Ebixa® (Alzheimer’s disease), Azilect® (Parkinson’s disease), Xenazine® (chorea associated with Huntington's disease), Sabril® (epilepsy), Sycrest® (bipolar disorder) and Onfi® (Lennox-Gastaut syndrome).\"\r\n\r\nComplainant alleges that the disputed domain names are identical or confusingly similar to a trademark or service mark in which the Complainant has rights because <lexapro.xyz> is identical to the LEXAPRO Trademark; and <buy-lexapro.xyz> \"incorporates the complainants registered trademark combined with the generic and descriptive term 'buy' as prefix. The Complainant claims that for the purpose of a UDRP proceeding, when a well-known and invented mark is combined with a common noun or adjective, that combination constitutes a domain name which is confusingly similar to an invented and well known mark.\"\r\n\r\nComplainant alleges that Respondent has no rights or legitimate interests in respect of the domain names because, inter alia, \"Respondent has not received any license or consent, express or implied, to use the complainant´s trademark Lexapro®, in a domain name or in any other manner from the Complainant, nor has the Complainant acquiesced in any way to such use or application by the Respondent\"; \"[a]t no time did the Respondent have authorization from the Complainant to register the disputed domain names\"; \"nor is the Respondent otherwise commonly known in reference to the names\"; and \"since the domain names do not appear to be used it is evident that the Respondent does not make a legitimate noncommercial or fair use of the domain names.\"\r\n\r\nComplainant alleges that the domain names were registered and are being used in bad faith because, inter alia, \"the Respondent had positive knowledge as to the existence of the Complainant’s trademark at the time the Respondent registered the domain name\" given the \"distinctive nature and intensive use of\" the LEXAPRO Trademark; \"due  to the distinctive nature and intensive use of the Complainant´s trademark Lexapro®, it is immediately inconceivable that the Respondent will be able to use the disputed domain name for any plausible purpose that would not be infringing the Complainant’s rights\"; and \"the Respondent’s use of a privacy service... under these circumstances gives rise to an inference of bad faith use and registration.\"",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that 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 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 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 Names have been registered and are 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": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2016-04-06 00:00:00",
    "informal_english_translation": "Complainant states, and provides evidence to support, that the trademark LEXAPRO is registered in more than 100 countries around the world (the \"LEXAPRO Trademark\").",
    "decision_domains": {
        "LEXAPRO.XYZ": "TRANSFERRED",
        "BUY-LEXAPRO.XYZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}