{ "case_number": "CAC-UDRP-102576", "time_of_filling": "2019-07-18 09:21:44", "domain_names": [ "handipharm.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "HANDI-PHARM GROUPE" ], "complainant_representative": "Nameshield (Laurent Becker)", "respondent": [ "Merrianne Wardle" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant owns a national trademark for “HANDI-PHARM” in France since at least August 11, 2006. A second word mark trademark is also owned by the Complainant in France for “HANDI-PHARM” since November 13, 2012.\r\n\r\nThe Complainant owns and operates the domain name . \r\n\r\nThe disputed domain name was registered in February 9 February, 2012.", "other_legal_proceedings": "The Panel is not cognizant of any other pending or decided legal proceedings relating to the disputed domain name.", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nComplainant states that the disputed domain name is identical to its trademarks HANDI-PHARM®.\r\n\r\nI. The disputed domain name contains Complainant’s registered trademarks in their entirety. The disputed domain name consists of the HANDI-PHARM mark without the dash and the generic Top-level Domain (“gTLD”). It does not distinguish the disputed domain name from Complainant’s trademarks. \r\n\r\nAccordingly, Complainant finds that the disputed domain name is identical to a trademark in which Complainant has rights, and that paragraph 4(a)(i) of the Policy is satisfied.\r\n\r\nII. The Complainant states that the Respondent does not have any rights or legitimate interest in the disputed domain name. The Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the domain name. If the Respondent fails to do so, the Complainant is deemed to have satisfied paragraph 4(a) (ii) of the UDRP.\r\n\r\nThe Complainant contends that Respondent is not affiliated with nor authorized by HANDI-PHARM GROUPE in any way. Complainant contends that Respondent has no rights or legitimate interests in respect of the disputed domain name. Complainant does not carry out any activity for, nor has any business with Respondent. Neither license nor authorization has been granted to Respondent to make any use of the Complainant’s trademarks, or apply for registration of the disputed domain name by Complainant.\r\n\r\nThe disputed domain name redirects to a parking page with commercial links in relation to Complainant. \r\n\r\nFinally, Complainant sent a cease and desist to Respondent about this registration. Respondent did not reply.\r\nAccordingly, the Complainant contends the Respondent has no rights or legitimate interests on the disputed domain name.\r\n\r\nIII. The Complainant states that the disputed domain name has been registered and is being used in bad faith. \r\n\r\nThe Complainant contends that the disputed domain name redirects to a parking page with commercial links in relation to Complainant for which Respondent would be expected to receive revenue. Use of a confusingly similar domain name to redirect Internet users to a website containing advertisements and links to third party websites for commercial gain is indicative of bad faith registration and use per paragraph 4(b)(iv) of the Policy.\r\n\r\nMoreover, Respondent did not reply to the cease-and-desist letter the registration and use of good faith. \r\n\r\nAccordingly, Complainant holds that Respondent has intentionally attempted to attract for commercial gain Internet users to its website by creating a likelihood of confusion with Complainant’s trademark as to the source, sponsorship, affiliation or endorsement of the web site likely to disrupt the business of the Complainant. \r\n\r\nOn these bases, Complainant concludes that Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent states being a resident of Australia and having been in the medical profession for over 35 years. At the time of registration of the disputed domain name in 2012, the Respondent was unaware of another entity in another country having trade marked the term \"HandiPharm\". \r\n\r\nFrom 2012 until 2015 the disputed domain name was a subdomain of the webhosting company JustHost with a live website. On ceasing webhosting with the company the disputed domain name was left still directed to JustHost. The Respondent contents not having received financial reward in any form for having left the disputed domain name in such a state. The disputed domain name has not been used since 2015. ", "rights": "To the satisfaction of the Panel, the Complainant has shown that the disputed domain name is identical or confusingly similar to the trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).", "no_rights_or_legitimate_interests": "To the satisfaction of the Panel, the Complainant has 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": "To the satisfaction of the Panel, the Complainant has 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 have been met and there is no other reason why it would be unsuitable to provide the Decision.", "decision": "Accepted", "panelists": [ "Rodolfo Carlos Rivas Rea" ], "date_of_panel_decision": "2019-08-01 00:00:00", "informal_english_translation": "The Complainant registered national word trademark no. 3960652 in France for “HANDI-PHARM” in November 13, 2012. The Complainant also owns the combined trademark no. 3446078 registered in France for “HANDI-PHARM” since August 11, 2006.", "decision_domains": { "HANDIPHARM.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }