{ "case_number": "CAC-UDRP-103609", "time_of_filling": "2021-02-26 00:00:00", "domain_names": [ "ser-vier.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "LES LABORATOIRES SERVIER" ], "complainant_representative": "IP TWINS", "respondent": [ "caroline Marquez" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant \"Les Laboratoires Servier\", is part of the largest independent French pharmaceutical group. It is present in 150 countries worldwide boasting 22.500 employees and 100 million patients worldwide. The Servier Group was founded in 1954 by Dr Jacques Servier who took over a small pharmaceutical company and over the years transformed it into the largest independent French pharmaceutical company using his own surname as a company denomination, business name, trademark and later as a domain name. \r\nThe Complainant contends that the word “servier\" has no specific meaning either in the French language and, to the Complainant’s knowledge, in any other language. The Respondent therefore cannot claim that “Servier” or “servier” is a descriptive term or expression which he needs to use in the course of his business activities to describe his goods or services. Arbitrary marks are among the strongest varieties of marks and, consequently, are generally accorded strong protection against infringement. See Merrell Pharmaceuticals Inc. and Aventis Pharma SA. v. Lana Carter, D2004-1041 (WIPO January 25, 2005).\r\nThe disputed domain name, was registered in December 2020 thus postdates Complainant's mark by a multiple of years\r\n", "other_legal_proceedings": "The Panel is not aware of any 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\nThe Complainant submits that is confusingly similar to its trademark SERVIER in that it contains in whole the term except inserting a dash between “r” and “v”. According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it has not been authorized by the Complainant to use the SERVIER trademark, and the disputed domain name does not correspond to the name of the Respondent. The Complainant adds that the Respondent does not carry out a fair or non-commercial use of the disputed domain name as it currently does not resolve to an active website. \r\nThe Complainant contends further that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the SERVIER trademark is distinctive and well-known around the world, and that it is evident that the Respondent registered the disputed domain name with knowledge of Complainant’s trademark. The addition of the dash does not create a separate and independent distinctive term. The disputed domain name is not used for any bona fide purpose and was registered and is being used in bad faith. \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defence. In such event, UDRP Rule 14 provides (a) that the “Panel shall proceed to a decision on the complaint” and (b) that “the Panel shall draw such inferences therefrom as it considers appropriate.” In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at Para. 4.3.\r\n", "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": "In this proceeding, the Respondent has not used the opportunity provided to it under the Rules and has not submitted a substantive Response addressing the contentions of the Complainant and the evidence submitted by it. Nevertheless, Complainant has the burden of proof on its contention that Respondent’s registration of constitutes an abusive registration.\r\n\r\nThe 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": [ "Gerald M. Levine, Ph.D, Esq." ], "date_of_panel_decision": "2021-03-26 00:00:00", "informal_english_translation": "The Complainant is the owner of several trademarks including the term “LES LABORATOIRES SERVIER” and also for “SERVIER”: \r\n\r\n- EU trademark SERVIER n° 004279171, dated February 7, 2005, duly renewed and designating goods and services in international classes 05, 35, 41 42 and 44;\r\n- International trademark SERVIER n° 814214, dated August 8, 2003, duly renewed, and designating goods and services in international classes 05, 35, 41, 42 et 44;\r\n- International trademark SERVIER n° 571972, dated May 29, 1991, duly renewed and designating goods in international classes 01, 03 and 05;\r\n- International trademark SERVIER n° 549079, dated January 19, 1990, duly renewed and designating goods and services in international classes 01, 03, 05, 10, 16, 35, 41 and 42.\r\n\r\n", "decision_domains": { "SER-VIER.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }