FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT<\/p>\n
The Complainant is a global pharmaceutical company founded in 1885 and based in Monaco. It employs more than 1500 employees worldwide. <\/p>\n
The Complainant's activities include the development of hormone therapy drugs, and the Complainant considers itself to be a world leader in novel therapies and drugs in the fields of gynaecology and andrology; including in relation to menopause, the urogenital sphere, endometriosis, contraception, obstetrics, couple fertility and testosterone deficiency.<\/p>\n
As part of its activities, the Complainant has developed and deals in a gel for treating testosterone deficiencies under the name TESTOGEL.<\/p>\n
The Domain Name <\/span>was registered on 19 January <\/span>2024 and shortly prior to the filing of the Complaint r<\/span>esolved to a website purporting to have been \"developed\" by Besins Healcase (UK) Ltd and purporting to provide information in respect of the Complainant's Testogel product for Healthcare professionals, persons prescribed with that product, and the general public. <\/span><\/p>\n Besins Healcase (UK) Ltd is a subsidiary of the Complainant. However, the website operating from the Domain Name is not in fact operated by that entity. <\/span><\/p>\n The Domain Name has been set up with MX records , which suggests that it may be being actively used for email purposes.<\/span><\/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 (the \"Domain Name\").<\/p>",
"no_response_filed": " The Complainant contends that the requirements of the Policy have been met and that the Domain Name should be transferred to it.<\/p>\n NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>",
"rights": " The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trade mark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
"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).<\/p>",
"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).<\/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": [
"Matthew Harris"
],
"date_of_panel_decision": "2024-04-02 00:00:00",
"informal_english_translation": " The Complainant is the owner of various trade marks that comprise or incorporate the term “TESTOGEL”, including the following: <\/span><\/p>\n (i) <\/span>International trade mark no. 458834 filed on 5 March 1981 for TESTOGEL for goods in class 5, which has proceeded to registration in 15 territories; and<\/p>\n (ii) <\/span>International trade mark no. 781129 filed on 17 May 2002 for TESTOGEL for goods in class 5, which has proceeded to registration in China. <\/p>",
"decision_domains": {
"testogel.space": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}