{
    "case_number": "CAC-UDRP-101707",
    "time_of_filling": "2017-10-10 13:10:10",
    "domain_names": [
        "dokmorris.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "DocMorris N.V."
    ],
    "complainant_representative": "Philipp Brauns",
    "respondent": [
        "Allison  Russell"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a limited liability company based in the Netherlands. The Complainant operates a licensed pharmacy in the Netherlands offering medicines to its customers, both from its own premises and online under the name \"DocMorris\". For its online sales to German customers, the Complainant uses in particular the domain name www.docmorris.de. The Complainant sells various types of drugs, including prescription drugs, and including erectile dysfunction treatment medicines such as Viagra.\r\n\r\nThe disputed domain name was created on 24 November 2016. \r\n\r\nUnder the disputed domain name, ­the Respondent:\r\n\r\n- targets customers in Germany,\r\n\r\n- ­in the German language, using explicit (adult) advertising content,\r\n\r\n- ­uses the Complainant ́s word and figurative mark “DocMorris” for offering ­prescription medicines without the need to send a prescription (the Complainant doubts whether these medicines offered for sale have a marketing authorisation for pharmaceuticals),\r\n\r\n­- targets sales for erectile dysfunction treatment medications.\r\n\r\nBy clicking on one of the offerings on www.dokmorris.com, the customer is directed to a webshop named “Doktor Potenzmittel” (“Doctor impotence treatment”) at the domain www.eupotenzshop.online.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided related to the disputed domain name.  ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nCOMPLAINANT'S CONTENTIONS: \r\n\r\nI. The domain name is\r\na. confusingly similar to the protected mark\r\nThe manner in which the domain name is confusingly similar to the protected mark: i. Misspelling\/Typosquatting; \r\nii. Phonetically similar; iii. Optical similarity\r\n\r\nII. The Respondent does not have any rights or legitimate interest in the domain name. Categories of issues involved:\r\na. Adult content;\r\nb. Misspelling\/Typosquatting\r\n\r\nIII. The domain name has been registered and is being used in bad faith. Categories of issues involved:\r\na. Cumulative requirement: \r\nb. Misspelling\/Typosquatting\r\nc. Other commercial gain\r\nd. Adult content",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed 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 disputed 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 disputed 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": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2017-11-22 00:00:00",
    "informal_english_translation": "The Complainant is the licensee of DocMorris Holding GmbH (previously Apotheke DocMorris Holding GmbH) with regard to the following trademarks, for all the goods and services registered under these trademarks and especially in connection with distributing pharmaceuticals to customers over the internet:\r\n\r\n- German national trademark “DocMorris” (word), application number 304396729, registration number 30439672, applied for on July 13, 2004, and registered on December 9, 2004, for goods and services in classes 3, 5, 9, 35, 38, 42\r\n\r\n- community trademark “DocMorris” (figurative), application number 005623608, registration number M01096727, applied for on December 29, 2006, and registered on February 11, 2008, for goods and services in classes 3, 5, 9, 16, 35, 38, 41, 42, 44\r\n\r\n- community trademark “DocMorris” (figurative) application number 006047955, registration number M01097287, applied for on December 26, 2006, and registered on July 18, 2008, for goods and services in classes 3, 5, 9, 16, 35, 38, 41, 42, 44, and\r\n\r\n- community trademark “DocMorris” (figurative), application number 006047971, registration number M01097311, applied for on December 26, 2006, and registered on July 14, 2008, for goods and services in classes 3, 5, 9, 16, 35, 38, 41, 42, 44.\r\n\r\n\r\n",
    "decision_domains": {
        "DOKMORRIS.COM": ""
    },
    "panelist": null,
    "panellists_text": null
}