{
    "case_number": "CAC-UDRP-101934",
    "time_of_filling": "2018-03-23 09:17:25",
    "domain_names": [
        "mayolyspindlerpharma.net"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "LABORATOIRES MAYOLY SPINDLER"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Peter West"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states that it was founded in 1929 and is “a pharmaceutical company” that “develops, manufactures, and markets pharmaceutical products” and that it “offers products in various areas, such as gastroenterology, rheumatology, ENT, general medicine, and consumer health solutions.”\r\n\r\nThe disputed domain name was created on November 21, 2017, and is being redirected to Complainant’s website at http:\/\/www.mayoly-spindler.fr\/ .\r\n\r\nComplainant contends, in relevant part, as follows:\r\n\r\nParagraph 4(a)(i): Complainant has rights in and to the MAYOLY SPINDLER Trademark as a result of the registrations cited above. The disputed domain name is confusingly similar to the MAYOLY SPINDLER Trademark because “the addition of word ‘Pharma’ (for Pharmaceutical) and the generic Top-Level Domain (‘gTLD’) suffix ‘.NET’ does not change the overall impression of the designation as being connected to the Complainant’s trademark.”\r\n\r\nParagraph 4(a)(ii): Respondent has no rights or legitimate interests in respect of the disputed domain name because, inter alia, Respondent “is not related in any way to the Complainant’s business”; “Respondent is not affiliated with him nor authorized by him in any way to use the trademark”; “Complainant does not carry out any activity for, nor has any business with the Respondent”; “Respondent is not commonly known by the domain name”; “[t]he domain name redirects to the Complainant’s website”; and “Complainant sent a cease and desist on January 9th 2018,” to which “Respondent did not reply.”\r\n\r\nParagraph 4(a)(iii): The disputed domain name was registered and is being used in bad faith because, inter alia, “[t]he domain name redirects to the Complainant’s website”; and “Respondent did not reply to the cease and desist letter.”\r\n",
    "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 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 UDRP).",
    "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 UDRP).",
    "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 UDRP).",
    "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": "2018-05-01 00:00:00",
    "informal_english_translation": "Complainant states, and provides evidence to support, that it is the owner of certain trademark registrations that consist of or contain the mark MAYOLY SPINDLER (the “MAYOLY SPINDLER Trademark”), including the following:\r\n\r\nInt’l Reg. No. 234,671 for a stylized mark that primarily consists of the text “laboratoires MAYOLY-SPINDLER” (registered August 15, 1960).\r\n\r\nFrench Reg. No. 3,996,956 for MAYOLY SPINDLER (registered April 10, 2013)\r\n\r\nFrench Reg. No. 1,585,547 for a stylized mark that primarily consists of the text MAYOLY SPINDLER (registered April 9, 1990)\r\n",
    "decision_domains": {
        "MAYOLYSPINDLERPHARMA.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}