{ "case_number": "CAC-UDRP-103168", "time_of_filling": "2020-07-13 11:25:05", "domain_names": [ "wehealthlink.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BIOFARMA", "LES LABORATOIRES SERVIER" ], "complainant_representative": "IP TWINS", "respondent": [ "Zhichao Yang" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nBoth Complainants are part of the Servier Group : the largest French pharmaceutical group on an independent level and the second largest pharmaceutical French group in the world. The group is active in 149 countries and employs more than 22,000 people throughout the world. 100 million patients are treated daily with Servier medicinal products and generics. WEHEALTH is a department of the Servier group that has been launched in 2016 and is focused on establishing and developing partnerships between the Servier Group and promising Startups in the domain of digital health. \r\n\r\nThe Complainants are, inter alia, the owners of the following trademarks:\r\n\r\n\r\n\r\nThe disputed domain name was registered on June 15, 2020. The disputed domain name resolves to a website featuring a parking page, listing commercial, automatically generated links. \r\n", "other_legal_proceedings": "The Panel is not aware of other legal proceedings which are pending or decided and which relate to the disputed domain name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\ni) Both Complainants are part of the Servier Group: the largest French pharmaceutical group on an independent level and the second largest pharmaceutical French group in the world. The Complainant BIOFARMA SAS has rights in the WEHEALTH mark based on French trademark Reg. No.4280290, dated June 15, 2016 and International trademark Reg. No. 1329611, dated October 5, 2016, notably designating China, India and Russia. The Complainant LES LABORATOIRES SERVIER SAS has rights in the WEHEALTH BY SERVIER based on EUIPO trademark Reg. No. 015850548, dated September 20, 2016; French trademark Reg. No. 4300433, dated September 19, 2016; and International trademark Reg. No. 1361896, dated November 11, 2016, notably designating China, United States, India and Russia. The disputed domain name is confusingly similar to the Complainants’ trademarks ‘WEHEALTH’ and ‘WEHEALTH BY SERVIER’ because each of them incorporates the Complainants’ marks in its entirety with the addition of the descriptive term ‘link.’\r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not commonly known by the disputed domain name which redirects towards a parking page, listing commercial, automatically generated links. The Complainants’ researches did not reveal any element that would suggest that the Respondent could be known by “We health”, “Wehealth” or “Wehealth Link”. The Complainants’ researches did not disclose any clue of preparation to use the disputed domain name in connection with a bona fide offering of goods or services. The Respondent has never been granted authorization, license or any right whatsoever to use the trademarks of the Complainants. The Respondent is not commercially linked to the Complainants.\r\n\r\niii) The Respondent has registered and is using the disputed domain name in bad faith. The Servier Group is so widely well-known that it is very unlikely that the Respondent ignored the rights of the Complainants on the term WEHEALTH. The Respondent has registered the disputed domain name primarily for the purpose of selling it to the Complainants, owners of the trademarks WEHEALTH, for valuable consideration in excess of out-of-pocket costs directly related to the domain name. The current use of the disputed domain name also indicates an intention to attract, for commercial gain, Internet users to the webpage set by the Respondent, by creating a likelihood of confusion with the WEHEALTH mark. The high distinctiveness of WEHEALTH and “WEHEALTH by Servier” trademarks as well as their reputation and use on an international scale before the registration of the disputed domain name would qualify the Respondent as using the domain name in bad faith according to the Doctrine of Passive Holding, in the event the use for commercial gain would not be qualified.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response.", "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": [ "Mr. Ho-Hyun Nahm, Esq." ], "date_of_panel_decision": "2020-08-15 00:00:00", "informal_english_translation": "The Complainants are, inter alia, the owners of the following trademarks:\r\n\r\nFor BIOFARMA SAS :\r\n\r\n• French trademark registration WEHEALTH Reg. No. 4280290, dated June 15, 2016, covering goods and services in international classes 5, 9, 10, 35, 36, 41, 42 and 44;\r\n\r\n• International trademark registration WEHEALTH Reg. No. 1329611, dated October 5, 2016, covering goods and services in international classes 5, 9, 10 and 44, notably designating China, India and Russia\r\n\r\nFor LES LABORATOIRES SERVIER SAS:\r\n\r\n• European Union trademark registration WEHEALTH BY SERVIER Reg. No. 015850548, dated September 20, 2016, covering goods and services in international classes 5, 9, 10, 35, 36, 41, 42 and 44;\r\n\r\n• French trademark registration WEHEALTH BY SERVIER Reg. No. 4300433, dated September 19, 2016, covering goods and services in international classes 5, 9, 10, 35, 36, 41, 42 and 44\r\n\r\n• International trademark registration WEHEALTH BY SERVIER Reg. No. 1361896, dated November 11, 2016, covering goods and services in international classes 5, 9, 10 and 44, notably designating China, United States, India and Russia\r\n\r\nThe Complainant BIOFARMA is also the registrant of the domain names , registered on June 8, 2016, and . Australian and Brazilian subsidiaries of the Complainants are also the registrants of the domain names and , both registered on November 14, 2016. \r\n", "decision_domains": { "WEHEALTHLINK.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }