{ "case_number": "CAC-UDRP-101005", "time_of_filling": "2015-06-15 14:29:51", "domain_names": [ "brintellixfordepression.com" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "H. Lundbeck A\/S" ], "complainant_representative": "Wallberg IP Advice", "respondent": [ "Javier Correa" ], "respondent_representative": null, "factual_background": "The Complainant was founded in 1915 and is now an international pharmaceutical company engaged in the research, development, production, marketing and sale of pharmaceuticals across the world. The company's products are targeted at central nervous diseases and disorders such as depression and anxiety, psychotic disorders, epilepsy and Huntington's, Alzheimer's and Parkinson's diseases. \r\n\r\nThe Complainant is one of the world's leading pharmaceutical companies working with brain disorders. Today the Complainant employs approximately 5.600 people worldwide. Evidence to that effect is contained in the Annual Report of the Complainant which is attached to the Complaint. Further information to that effect may be seen at the Complainant's official website www.lundbeck.com.\r\n\r\nThe most recently launched compounds marketed by the Complainant for the treatment of brain diseases include: Brintellix® (depression), Cipralex® \/ Lexapro® (depression), Abilify Maintena® (schizophrenia), Selincro® (alcohol dependence), Northera® (symptomatic neurogenic orthostatic hypotension), Azilect® (Parkinson’s disease), Xenazine® (chorea associated with Huntington's disease), Sabril® (epilepsy) and Onfi® (Lennox-Gastaut syndrome).\r\n\r\nThe trademark Brintellix® is registered in more than 80 countries around the world. Details of those registrations have already been set out above.\r\n\r\nThe Complainant is also the holder of several domain names containing the Brintellix® brand, including . \r\n\r\nThe disputed domain name was registered on March 12, 2015 and it presently resolves to a website that appears to be a standard parking page of the Registrar Go Daddy.\r\n\r\n", "other_legal_proceedings": "None of which the Panel is aware.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n\r\nA. The disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;\r\n\r\n(Policy, Paragraph 4(a)(i); Rules, Paragraphs 3(b)(viii), (b)(ix)(1))\r\n\r\nThe disputed domain name is confusingly similar to the trade mark BRINTELLIX, in which the Complainant holds rights. The domain name incorporates the Complainants registered trademark combined with the generic and descriptive terms “for depression” as suffix. The Complainant claims that for the purpose of a UDRP proceeding, when a well-known and invented mark is combined with a common noun or adjective, that combination constitutes a domain name which is confusingly similar to an invented and well known mark.\r\n\r\nAlso, the Complainant asserts that it is an established and recognized principle under the UDRP that the presence of the \".com\" top level domain designation is irrelevant in the comparison of a domain name to a trademark.\r\n\r\nB. The Respondent has no rights or legitimate interests in respect of the disputed domain name;\r\n(Policy, Paragraph 4(a)(ii); Rules, Paragraph 3(b)(ix)(2))\r\n\r\nThe Respondent has not received any license or consent, express or implied, to use the Complainant´s trademark BRINTELLIX, in a domain name or in any other manner from the Complainant, nor has the Complainant acquiesced in any way to such use or application by the Respondent. At no time did the Respondent have authorization from the Complainant to register the disputed domain name.\r\n\r\nFurther, to the best knowledge of the Complainant, the Respondent has no rights or legitimate interests in the\r\ndisputed domain name. The Respondent did thus not use the domain name as a trademark, company name, business or trade name prior to the registration of the disputed domain name, nor is the Respondent otherwise commonly known in reference to the name.\r\n\r\nFinally, it is evident that the Respondent does not make a legitimate noncommercial or fair use of the domain name, as stated in § 4 c of the UDRP. \r\n\r\n\r\nC. The disputed domain name was registered and is being used in bad faith.\r\n(Policy, paragraphs 4(a)(iii), 4(b); Rules, paragraph 3(b)(ix)(3))\r\n\r\nThe Complainant´s trademark BRINTELLIX is registered in the recorded country of residence of the Respondent, namely Mexico.\r\n\r\nThe Complainant claims that because of the distinctive nature and intensive use of the Complainant´s trademark BRINTELLIX, the Respondent had positive knowledge as to the existence of the Complainant’s trademark at the time the Respondent registered the domain name.\r\n\r\nThe domain name is currently used for what appears to be a standard parking site for the Registrar of the disputed domain name GoDaddy. As it was first stated in Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003, concerning the domain name and applied in numerous subsequent decisions, the apparent lack of \"active use\" (passive holding), does not as such prevent a finding of bad faith use under the UDRP.\r\n\r\nIn this case the Complainant further submits that the disputed domain name is offered for sale. When the internet user clicks on the link entitled “Learn how to get this domain” on the corresponding website www.brintellixfordepression.com, it is stated that the user can place an offer to buy the disputed domain name, and there is even indicated a price for it. Since it is the Registrant of a domain name, the Complainant bears the responsibility for how the domain name is used, this is a clear indication of the bad faith intention of the Registrant; see inter alia Danbyg Ejendomme A\/S v. Ib Hansen \/ guerciotti, NAF Case 1613867, June 2, 2015, concerning .\r\n\r\n\r\nRESPONDENT\r\nThe Respondent did not submit a Response in this proceeding. However, the Provider received an email from the Respondent claiming he wanted to make a forum to help people that are suicidal and depressed.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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 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 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": [ "The Hon. Neil Brown, QC" ], "date_of_panel_decision": "2015-07-17 00:00:00", "informal_english_translation": "The Complainant has established trademark rights to BRINTELLIX. The Complainant adduced evidence to the Complaint showing that it is the registered owner of trademarks for BRINTELLIX in more than 80 countries.\r\n\r\nIn particular, the evidence shows that the Complainant is the registered owner of the trademark for BRINTELLIX , trademark No. VR 20112 registered in Denmark on November 17, 2011.\r\n\r\nMoreover, the evidence shows that the Complainant is the registered owner of the trademark for BRINTELLIX ,trademark No.1328114 registered in Mexico, where the Respondent is domiciled, on November 16, 2012.\r\n\r\nThe evidence also shows that the Complainant is the registered owner of numerous other registered trademarks for BRINTELLIX registered by other trademark authorities around the world (hereinafter collectively referred to as \" the BRINTELLIX mark\").\r\n\r\n", "decision_domains": { "BRINTELLIXFORDEPRESSION.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }