According to the information provided Complainant is part of the Servier Group: the largest French pharmaceutical group on an independent level and the second largest pharmaceutical French group in the world. The group is active in 150 countries and employs more than 21,000 people throughout the world. The US subsidiary of Complainant is named Servier Pharmaceuticals LLC.<\/p>\n
The disputed domain name <servierpharmaceutical.com> was registered on 2 February 2023. The disputed domain name does not resolve to an active website. <\/p>\n
The trademark registration of Complainant has been issued prior to the registration of the disputed domain name.<\/p>\n
<\/p>", "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.<\/p>", "no_response_filed": "
COMPLAINANT:<\/p>\n
Complainant contends that the disputed domain name is confusingly similar to Complainant’s SERVIER trademark. Indeed, the disputed domain name contains the SERVIER trademark of Complainant in its entirety. Furthermore, the term “pharmaceutical” associated with “servier” within the disputed domain name only aggravates the risk of confusion between the latter and Complainant’s trademark SERVIER. Indeed, the term “pharmaceutical” directly refers to Complainant’s area of business, in which Complainant is well-known. The use of this specific term also makes the disputed domain name extremely close to Complainant’s US subsidiary company name “Servier Pharmaceuticals LLC”<\/p>\n
According to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Complainant submits that Respondent is not commonly known by the disputed domain name, which redirects towards an error page. Complainant’s verifications did not allow to find any clue of preparation to use the disputed domain name in connection with a bona fide offering of goods or services, as it redirects towards an error page. Respondent has never been granted authorization, license or any right whatsoever to use the trademark of Complainant. Respondent is not commercially linked to Complainant.<\/p>\n
According to Complainant the disputed domain name is registered and is being used in bad faith. Complainant asserts that the Servier Group is so widely well-known that it is very unlikely that Respondent ignored the rights of Complainant on the trademarks SERVIER. This is especially true since Respondent used the “pharmaceutical” word in the disputed domain name, which specifically refers to the business area of Complainant.<\/p>\n
Complainant submits that \"Servier\" is the surname of the founder of Complainant and an arbitrary, fanciful term, devoid of any meaning. The combination of the distinctiveness of Complainant’s trademark and its extensive use across the world makes it highly unlikely that Respondent did not know about Complainant before the registration of the disputed domain name. 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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
"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 name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
"bad_faith": " 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).<\/p>",
"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.<\/p>",
"decision": "Accepted",
"panelists": [
"Dinant T.L. Oosterbaan"
],
"date_of_panel_decision": "2023-04-03 00:00:00",
"informal_english_translation": " According to the evidence submitted by Complainant, Complainant is the owner of multiple trademarks, including European Union trademark SERVIER n° 004279171, registration date 15 October 2007. <\/p>",
"decision_domains": {
"servierpharmaceutical.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
In addition, Complainant submits that it sees no possible way whatsoever in which Respondent would use the disputed domain name in connection with a bona fide offer of products or services. In those circumstances, the Complainant contends that any active use of the domain name by the Respondent would de facto<\/em> amount to bad faith active use. Currently, the disputed domain name points towards an error page. According to Complainant non-use of a domain name (including a blank or “coming soon” page) does not prevent a finding of bad faith registration and use under the doctrine of passive holding.
RESPONDENT:
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED<\/p>",
"rights": "