{
    "case_number": "CAC-UDRP-104421",
    "time_of_filling": "2022-03-23 09:24:48",
    "domain_names": [
        "servierc.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "LES LABORATOIRES SERVIER"
    ],
    "complainant_representative": "IP TWINS",
    "respondent": [
        "Fundacion Comercio Electronico"
    ],
    "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 the largest independent French pharmaceutical group. The Complainant is present in 150 countries worldwide, 100 million of patients are treated each day with the group’s various medicines.\r\nThe 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\n\r\nIn accordance with the Complainant, “Servier” is a surname that has no specific meaning either in the French language and, to the Complainant’s knowledge, in any other language. \r\n\r\nThe Complainant owns several SERVIER trademarks and domain names.\r\n\r\nOn February 8, 2022, the Respondent “Fundacion Comercio Electronico”, a company located in Panama, registered the disputed domain name <servierc.com>. The Complainant argues that the disputed domain name is at the very least confusingly similar to Complainant’s “SERVIER” trademarks.\r\n\r\nThe Complainant has no business relationship with the Respondent who does not enjoy any license, partnership or authorization from the Complainant. \r\n\r\nThe disputed domain name hosts a parking page and is offered for sale (minimum offer 899USD) on <sedo.com>. Consequently, the Respondent cannot claim that “Servier” is a descriptive term which he needs to use during his business activities to describe his goods and services.\r\n\r\nThe above facts asserted by the Complainant are not contested by the Respondent. \r\n\r\nAccording to the information on the case file, the Registrar confirmed that the Respondent is the current registrant of the disputed domain name and that the language of the registration agreement is English.   \r\n\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.",
    "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": "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": [
        "Victor  Hugo Garcia Padilla, LL.M."
    ],
    "date_of_panel_decision": "2022-04-29 00:00:00",
    "informal_english_translation": "The Complainant is the owner of numerous trademarks worldwide consisting of the term “SERVIER”, including but not limited to: \r\ni) EU trademark SERVIER nr. 004279171, dated February 7, 2005 at classes 05, 35, 41, 42 and 44;\r\nii) International trademark SERVIER nr. 814214, dated August 5, 2003 at classes 05, 35, 41, 42 and 44; and\r\niii) International trademark SERVIER nr. 571972, dated May 29, 1991 at classes 01, 03 and 05.\r\n\r\nThe Complainant is also the holder of numerous domain names incorporating its trademarks “SERVIER”, such as: \r\ni) <servier.com> with expiration date December 28, 2023; \r\nii) <servier.fr> with expiration date May 3, 2022.",
    "decision_domains": {
        "SERVIERC.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}