{
    "case_number": "CAC-UDRP-101223",
    "time_of_filling": "2016-06-13 11:32:10",
    "domain_names": [
        "nuvigil-review-online.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Cephalon, Inc."
    ],
    "complainant_representative": "Matkowsky Law PC",
    "respondent": [
        "CONTENT CREATORS INDIA"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is Cephalon, Inc. (“Cephalon”), an indirect, wholly-owned subsidiary of Teva Pharmaceutical Industries Ltd. Formed in 1976, through its predecessors-in-interest, Teva Pharmaceutical Industries Ltd., together with its subsidiaries (collectively, “Teva”), was first established in 1901 with its global headquarters in Israel. Operating in sixty countries worldwide, Teva (NYSE and TASE: TEVA) (www.tevapharm.com) is ranked among the top pharmaceutical companies in the world, and the world’s largest generic medicines producer. Teva’s net revenues in 2014 amounted to $20.3 billion. In specialty medicines, Teva has a world-leading position in innovative treatments for disorders of the central nervous system, including pain, as well as a strong portfolio of respiratory products. Cephalon’s NUVIGIL (armodafinil) Tablets are part of Teva’s CNS (Central Nervous System) line of specialty medicines. NUVIGIL is indicated to improve wakefulness in adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea (but not as treatment for the underlying obstruction), or shift work disorder. The NUVIGIL mark is well known within its specialty area, and Complainant uses its mark in the domain name <nuvigil.com>.\r\n\r\nThe Complainant assumes that the disputed domain name is confusingly similar to its registered trademark NUVIGIL as the disputed domain name contains the Complainant's trademark in its entirety.  The mere addition of generic terms such as \"review\" and \"online\" does not alter the finding of similarity between the signs. In this perspective it should be considered that the Complainant also owns the domain name <nuvigil.com>. Moreover, the Complainant contends that it is well-settled that the addition of generic top-level domain suffix “.com” is non-distinctive because it is required for the registration of the domain name.  Therefore, in the Complainant’s view, the disputed domain name is clearly confusingly similar to the NUVIGIL trademark and, as a result, the requirement of paragraph 4(a)(i) of the Policy is met.\r\n\r\nThe Complainant states that the Respondent has never been licensed, authorized or otherwise permitted to use the disputed domain name or any other domain name using the Complainant’s trademark. The Respondent is not known by the disputed domain name, nor has the Respondent acquired any trademark rights in respect of the domain name. \r\n\r\nFurthermore, Respondent is luring consumers in search of the well-known NUVIGIL brand to a website that promotes allegedly competitive or highly related \"brain vitamines\" and \"brain supplements\" that have no affiliation with Complainant or its NUVIGIL brand, including specifically Excelerol from Accelerated Intelligence Inc, in California USA.  Luring consumers in search on the well known NUVIGIL brand to a site promoting products purportedly competitive with Complainant's NUVIGIL product does not demonstrate a legitimate right or interest. In light of the foregoing, the Complainant claims that the requirement of paragraph 4(a)(ii) of the Policy is met.\r\n\r\nThe Complainant states that there is no doubt the Respondent was aware of the existence of Cephalon’s mark. In light of the use of the disputed domain name, Respondent is attempting to attract, for commercial gain, Internet users to its website or to the websites linked thereto, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of their websites and of the products promoted therein. Considering the above, the Complainant claims that the requirement of paragraph 4(a)(iii) of the Policy is met. ",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating to the disputed domain name",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "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 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.",
    "decision": "Accepted",
    "panelists": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2016-07-18 00:00:00",
    "informal_english_translation": "The Complainant is the owner of different trademark registrations.  In particular Cephalon, Inc owns:\r\n\r\n- EUIPO Registration for \"NUVIGIL\" no. 4124831 registered on January 26, 2006 for class 5;\r\n\r\n- U.S. Registration for \"NUVIGIL\" no. 3538564 registered on November 25, 2008 for class 5.\r\n\r\nThe Complainant also relies on NUVIGIL use online and in particular on the domain name <nuvigil.com> registered in 2004.\r\n\r\nThe disputed domain name was registered on January 25, 2012.",
    "decision_domains": {
        "NUVIGIL-REVIEW-ONLINE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}