{
    "case_number": "CAC-UDRP-101190",
    "time_of_filling": "2016-03-02 12:24:56",
    "domain_names": [
        "lexapro.site"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "H. Lundbeck A\/S"
    ],
    "complainant_representative": "Wallberg IP Advice",
    "respondent": [
        "Konayem Temirtassova"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant H. Lundbeck A\/S was founded in 1915 and now it’s 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 disorders such as depression and anxiety, psychotic disorders, epilepsy and Huntington's, Alzheimer's and Parkinson's diseases.\r\n\r\nLundbeck is one of the world's leading pharmaceutical companies working with brain disorders. In 2014, the company's revenue was USD 3.4 billion. Today Lundbeck employs approximately 5,600 people worldwide. \r\n\r\nLundbeck markets a number of different pharmaceuticals for the treatment of brain disorders. The most recently launched compounds include: Cipralex\/Lexapro® (depression), Ebixa® (Alzheimer’s disease), Azilect® (Parkinson’s disease), Xenazine® (chorea associated with Huntington's disease), Sabril® (epilepsy), Sycrest® (bipolar disorder) and Onfi® (Lennox-Gastaut syndrome).\r\n\r\nThe trademark LEXAPRO is registered in more than 100 countries around the world.\r\n\r\nThe domain name was registered on January 23, 2016.",
    "other_legal_proceedings": "None",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nFACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1.About the confusing similarity between the trademarks and the contested domain name  (Policy, Paragraph 4(a)(i); Rules, Paragraph 3(b)(ix)(2).\r\n\r\nThe Complainant submits that the disputed domain name lexapro.site is identical to the trade mark LEXAPRO, in which the Complainant holds rights. The Complainant thus asserts that it is an established and recognized principle under the UDRP that the presence of the .site top level domain designation is irrelevant in the comparison of a domain name to a trademark.\r\n\r\n2. The Respondent has no rights or legitimate interests in respect of the domain name (Policy, Paragraph 4(a)(ii); Rules, Paragraph 3(b)(ix)(2)).\r\n\r\nThe Complainant asserts that the Respondent has not received any license or consent, express or implied, to use the complainant´s trademark LEXAPRO, 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 of the Complainant's knowledge, the Respondent has no rights in the contested domain name. The Respondent did 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\nAlso, to the best of the Complainant's knowledge, the Respondent has no legitimate interest in the contested domain name. \r\n\r\nFinally, since the domain name does not appear to be in use, it is evident that the Respondent is not engaged in a legitimate non-commercial or fair use of the domain name.\r\n\r\n\r\n3. The domain names were registered and are 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 LEXAPRO is registered in the recorded country of residence of the Respondent, Kazakhstan, through the Madrid Protocol.\r\n\r\nThe Complainant claims that because of the distinctive nature and intensive use of the Complainant´s trademark LEXAPRO, 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 disputed domain name is not actively used.  However, as first stated in Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case D2000-0003 and repeated in many subsequent decisions under the UDRP:  “the concept of a domain name ‘being used in bad faith’ is not limited to positive action;  inaction is within the concept.  That is to say, it is possible, in certain circumstances, for inactivity by Respondent to amount to the domain name being used in bad faith.”\r\n\r\nThe Complainant claims that due to the distinctive nature and intensive use of the Complainant's LEXAPRO trademark, it is obviously inconceivable that the Respondent will be able to use the disputed domain name for any plausible purpose that would not be infringing on the Complainant’s rights.\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2016-04-04 00:00:00",
    "informal_english_translation": "The Complainant has shown that it is the owner of the LEXAPRO international trademark registration no. 778106 designating around 70 countries.\r\n\r\n",
    "decision_domains": {
        "LEXAPRO.SITE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}