{
    "case_number": "CAC-UDRP-101411",
    "time_of_filling": "2017-01-18 08:28:47",
    "domain_names": [
        "tevapharm.xyz"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Teva Pharmaceutical Industries Ltd. "
    ],
    "complainant_representative": "RiskIQ, Inc",
    "respondent": [
        "Zhou Xi"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1. \r\nThe Complainant is a global pharmaceutical company, operating in pharmaceutical markets worldwide, with a significant presence in the United States, Europe and other markets. Formed in 1976, through its predecessors in interest, the Complainant, together with its subsidiaries, was first established in 1901 with its global headquarters in Israel. It began trading on the Tel Aviv Stock Exchange in 1951, on NASDAQ in 1987, and on the New York Stock Exchange (NYSE: TEVA) in 2012. \r\n\r\nThe Complainant contends that its TEVA and TEVAPHARM marks are well-known trademarks.\r\n\r\n2. \r\nThe Disputed domain name “tevapharm.xyz” was created on November 11, 2016 and is currently registered on the name of the Respondent.\r\n\r\n3. \r\nThe Complainant contends that the Respondent through Sedo.com displays sponsored listings on the Disputed domain name, some of which directly relate either to the Complainant or to its competitors. Furthermore, the Respondent offers the Disputed domain name for sale with a minimum bid of $90, in excess of the registration costs for the Disputed domain name. Finally, the Respondent uses false contact information as the same registrant e-mail account was used to register domain names with different names and contact addresses.\r\n\r\n4. \r\nThe Complainant requests to proceed in English because the Disputed domain name is comprised of an English abbreviation for pharmaceutical (pharm), not Chinese characters or the equivalent transliteration, and the website hosted on the Disputed domain name is entirely in English. The main purpose of making the request is that the Complainant is not familiar with Chinese and having to conduct the proceedings in Chinese would disadvantage the Complainant as it would have to incur added expense and inconvenience in having the Complaint translated into Chinese.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided between the same parties and relating to the Disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\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).\r\n\r\n",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under the Policy were met and there is no other reason why it would be inappropriate to provide a decision.\r\n\r\nThe language of the Registration Agreement is Chinese. However, in view of the circumstances of the case, including the fact that the website hosted on the Disputed domain name is entirely in English, that the term “pharm” contained in the Respondent’s Disputed domain name is the abbreviation of the descriptive English term “pharmaceutical”, and the fact that the Respondent has been given a fair chance to object but has not done so, the Panel determines in accordance with paragraph 11(a) of the UDRP Rules that the language of the proceeding be English.",
    "decision": "Accepted",
    "panelists": [
        "Dr. Tobias Malte Müller"
    ],
    "date_of_panel_decision": "2017-03-08 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of several trademark registrations consisting of or containing the term “TEVA”, in particular “TEVA” US. Reg. No. 1,567,918 filed on February 17, 1989 and issued on November 28, 1989 for goods in class 5 and “TEVAPHARM” No. VR 2011 02130 registered on August 31, 2011 with Danish Patent and Trademark Office amongst others for goods in class 5. Moreover, it uses the domain name tevapharm.com.",
    "decision_domains": {
        "TEVAPHARM.XYZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}