{
    "case_number": "CAC-UDRP-101038",
    "time_of_filling": "2015-08-18 11:22:34",
    "domain_names": [
        "PROAIRCOUPON.COM",
        "PROAIR-COUPON.COM"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Teva Respiratory, LLC"
    ],
    "complainant_representative": "Matkowsky Law PC",
    "respondent": [
        "JC"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY COMPLAINANT AND NOT CONTESTED BY RESPONDENT:\r\n\r\nComplainant is the U.S.-based respiratory division of Teva Pharmaceutical Industries Ltd., a leading global pharmaceutical company, committed to increasing access to high-quality healthcare by developing, producing and marketing affordable generic drugs as well as innovative and specialty pharmaceuticals and active pharmaceutical ingredients. \r\n\r\nComplainant's ProAir® HFA Inhalation Aerosol is indicated in patients 4 years of age and older for the treatment or prevention of bronchospasm with reversible obstructive airway disease and for the prevention of exercise-induced bronchospasm. \r\n\r\nAccording to Complainant, the ProAir® HFA Inhalation Aerosol is the #1 dispensed quick-relief inhaler in the United States based on the number of prescriptions of ProAir HFA (IMS National Rx Audit, September 2014). \r\n\r\nComplainant asserts that the ProAir® trademark is clearly well-known in the albuterol category in the United States. ProAir® HFA revenues amounted to $ 1,448 million in 2014 (IMS National Sales Perspectives, for the year ending December 2014). Complainant also asserts that its ProAir® RespiClick (albuterol sulfate) is the first and only FDA-approved multidose breath-activated rescue inhaler. \r\n\r\nThe disputed domain names <proaircoupon.com> and <proair-coupon.com> have respectively been registered by Respondent on March 23, 2012 and June 4, 2012.\r\n\r\nBoth disputed domain names returned a 500 Internal Server Error as of when the Complaint was submitted to the Provider. However, according to Complainant and in light of the annexes provided, DomainTools® has a screenshot of the domain name <proaircoupon.com> showing it was used in 2014 in connection with providing information about Complainant's PROAIR trademark with an advertisement to a third-party site where the ProAir® coupon could be found.\r\n\r\nMoreover, Respondent uses a mark (“PROAIR COUPON”) to brand the page that Complainant contends is substantially indistinguishable from Complainant's registered trademark.\r\n\r\nAccording to Complainant, the <proaircoupon.com> website also had a false copyright notice legend which indicated that copyright ownership was in the name of \"Proair Coupon\", not the Respondent.\r\n\r\nThe screenshot submitted by Complainant shows a hyperlink to “SAVE ON EVERY PRESCRIPTION FOR FREE,” which shows that the savings card being promoted was also offering other prescriptions which may have even been competitive with Complainant’s product.\r\n\r\nComplainant has not provided any proof of existing website related to the disputed domain name <proair-coupon.com>, however, according to evidence submitted, search results confirm a similar use was made of the <proair-coupon.com> domain name without the consent of Complainant. ",
    "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 names.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to a trademark or service mark in which Complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).",
    "no_rights_or_legitimate_interests": "Complainant has, to the satisfaction of the Panel, shown Respondent to have no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are 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": [
        "Nathalie Dreyfus"
    ],
    "date_of_panel_decision": "2015-09-22 00:00:00",
    "informal_english_translation": "Complainant is Teva Respiratory, LLC, the US-based respiratory division of Teva Pharmaceutical Industriels Ltd.\r\nComplainant uses the ProAir® sign for the commercialization of inhalation aerosols for, inter alia, the treatment or prevention of bronchospasm.\r\n\r\nComplainant owns the PROAIR trademark Reg. No. 3,166,297 in the United States, registered on October 31, 2006 in class 5 (inhalers filled with pharmaceutical preparations for the treatment of respiratory disease).\r\n\r\nComplainant is also the owner of the domain names <proair.com> since February 20, 1996 and of the domain name <myproair.com> since November 7, 2007.",
    "decision_domains": {
        "PROAIRCOUPON.COM": "TRANSFERRED",
        "PROAIR-COUPON.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}