{
    "case_number": "CAC-UDRP-101835",
    "time_of_filling": "2018-01-11 09:00:23",
    "domain_names": [
        "actavisgenerics.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Actavis Group PTC ehf"
    ],
    "complainant_representative": "RiskIQ, Inc. c\/o Jonathan Matkowsky",
    "respondent": [
        "Georgiy  Kharchenko"
    ],
    "respondent_representative": null,
    "factual_background": "The following facts have been asserted by the complainant and not contested by the respondent:\r\n\r\nOn August 2, 2016, Teva Pharmaceutical Industries Ltd. (NYSE and TASE: TEVA) and Allergan plc (NYSE: AGN) announced that Teva completed its acquisition of Allergan’s generics business (“Actavis Generics”). The Complainant is now an indirect, wholly­owned subsidiary of Teva Pharmaceutical Industries Ltd. (NYSE and TASE: TEVA), a leading global pharmaceutical company headquartered in Israel, and the world's largest generic medicines producer. Adjusted EBITDA (non-GAAP operating income) for 2016 was $7.3 billion.\r\n\r\nThe Complainant has registered trademark rights in the ACTAVIS mark (EUIPO \/ CTM No. 003615721) in a variety of Classes, including Class 5 covering, among other items, pharmaceuticals preparations.\r\n\r\nThe Respondent was not authorized to use the ACTAVIS mark for any purpose by the Complainant, and has no affiliation whatsoever with it.\r\n\r\nThe Respondent initially resolved the disputed domain name to a registrar parking page with a number of commercial links to other websites.\r\n\r\nBecause the Whois record for the disputed domain name is masked with proxy services, the Complainant through its authorized representative requested the proxy provider to disclose the underlying registrant contact details pursuant to the proxy provider's terms of service. After the proxy provider notified its customer that the claim was received and processed, the Respondent initiated contact with Complainant's representative to express that he is open to selling the disputed domain name. The Respondent further stated that he originally was thinking of using the disputed domain name to sell shoes. The Complainant didn't respond to this message. The Respondent subsequently re-directed the disputed domain to a website belonging to the parent company of the Complainant – www.tevapharm.com.\r\n\r\nThe Respondent has also configured MX (Mail) records on the disputed domain name to the effect that it can receive and send e-mails using the disputed domain name.\r\n\r\nRespondent has registered other domain names closely related to healthcare used for online marketing and sales, such as vitamins-private-label.com, which re-directs to phenterminedispensary.com to sell diet pills.  ",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings related to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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": [
        "Steven M. Levy, Esq."
    ],
    "date_of_panel_decision": "2018-02-08 00:00:00",
    "informal_english_translation": "Complainant is the owner of a trademark registration in the European Union as follows:\r\n\r\nACTAVIS: Community Trademark Reg. No. 003615721, registered on January 16, 2006. ",
    "decision_domains": {
        "ACTAVISGENERICS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}