{
    "case_number": "CAC-UDRP-104547",
    "time_of_filling": "2022-05-04 09:40:24",
    "domain_names": [
        "servierpharm.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "LES LABORATOIRES SERVIER"
    ],
    "complainant_representative": "IP TWINS",
    "respondent": [
        "Tims Akins"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is the largest independent French pharmaceutical group. The Complainant is present in 150 countries worldwide. It was founded in 1954 by Dr. Jacques Servier, who took over a small pharmaceutical company using his own surname as the company name, business name, trademark and domain name of the company. \r\n\r\nThe disputed domain name was registered on 18 February 2022 and resolves to an error page.",
    "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": "The Complainant maintains that the disputed domain name is confusingly similar to its SERVIER mark for the following reasons.\r\n\r\nThe domain name <servierpharm.com> incorporates the trademark SERVIER followed by the abbreviation “pharm”, which stands for “pharmacy” or “pharmaceuticals”. A domain name that wholly incorporates a third party’s trademark is confusingly similar to that trademark for the purposes of the Policy. The addition of the abbreviation “pharm”, which is a term deprived of distinctive character and referring to the Complainant’s activity field, enhances the risk of confusion.\r\n\r\nThe Complainant further maintains that the Respondent lacks rights and legitimate interests in the disputed domain name. \r\n\r\nIn particular, the Complainant has no relationship with the Respondent, and the latter is not a licensee of the Complainant nor is in partnership with it. The Complainant never authorised the Respondent to make use of the trademark SERVIER, including as part of a domain name. \r\n\r\nThe Respondent is not known by the disputed domain name. A trademark search conducted on the term “Servier” failed to show any SERVIER trademark in the Respondent’s name. The Respondent is not using the disputed domain name in connection with a bona fide offering of goods or services, or in a legitimate noncommercial or fairly manner, given that the disputed domain name resolves to an error page.\r\n\r\nLastly, the Complainant contends that the disputed domain name has been registered and is being used in bad faith.\r\n\r\nThe trademark SERVIER corresponds to the surname of the founder of the Complainant and is a fanciful, arbitrary and distinctive term. The combination of the distinctiveness of the Complainant’s trademark and its extensive use across the world makes it unlikely that the Respondent was not aware of the Complainant and of its trademark at the time of the registration of the disputed domain name. In addition, the fact that the disputed domain name also includes the abbreviation “pharm”, which corresponds to the Complainant’s field of activity, shows that the Respondent had the Complainant’s trademark in mind when it registered the disputed domain name.\r\n\r\nFurthermore, according to the Complainant, the fact that the disputed domain name resolves to an error page cannot prevent a finding of bad faith, in particular when the Complainant’s trademark is highly distinctive and enjoys reputation, the Respondent failed to submit a Response, and any good faith use of the disputed domain name is implausible.\r\n\r\nThe Respondent did not reply to the Complainant's contentions and therefore failed to submit a Response.",
    "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": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2022-06-10 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks:\r\n\r\n- SERVIER (word), EUTM registration No. 4279171, filed on 2 February 2005, and registered on 15 October 2007, duly renewed, covering goods and services in classes 5, 35, 41, 42 and 44;\r\n\r\n- SERVIER (word), international registration No. 814214 of August 8, 2003, duly renewed, covering goods and services in classes 5, 35, 41, 42, and 44;\r\n\r\n- SERVIER (word), international registration No. 571972 of May 29, 1991, duly renewed, covering goods in classes 1, 4 and 5;\r\n\r\n- SERVIER (word), international registration No. 549079 of January 19, 1990, duly renewed, covering goods in classes 1, 3, 5, 10, 16, 35, 41 and 42.\r\n\r\nThe Complainant also owns numerous domain names incorporating the SERVIER trademark, among which <servier.com> and <servier.fr>.\r\n",
    "decision_domains": {
        "SERVIERPHARM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}