The Complainant was established in 1987 as a global biopharmaceutical company dedicated to discovering, developing and bringing to market medications to improve the quality of life of individuals worldwide and in 2011 became part of the Teva Group, one of the top pharmaceutical groups in the world and which operates in 60 countries worldwide. The Complainant's PROVIGIL product is a prescription medicine indicated to improve wakefulness in adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnoea (but not as treatment for the underlying obstruction), or shift work disorder and the Complainant has used the PROVIGIL mark in relation to this product since the 1990's.<\/p>\n
The disputed domain name was registered in August 2024 and resolves to a website that promotes the benefits of the Complainant's PROVIGIL product and provides information about it and also features a photograph of the Complainant's product including its mark and name. The website also includes a link to enable website visitors to buy the product online. The link takes people to the website of the \"Canadian Drug Store\" at <coolhealstore1.shop> which according to the Complainant is an illegal pharmacy that sells prescription medicines without requiring a prescription.<\/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": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.
No administratively compliant Response has been filed.<\/p>",
"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).<\/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 disputed 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 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": [ "Mr Alistair Payne" ], "date_of_panel_decision": "2024-11-01 00:00:00", "informal_english_translation": "
The Complainant owns numerous trade mark registrations worldwide for its PROVIGIL trade mark including United States trade mark registration 2000231 registered on September 10, 1996 and International trade mark registration 438439 registered on June 28 1978 and designated in various countries. The Complainant owns various domain names from which it operates websites for its PROVIGIL product including <provigil.com>.<\/p>", "decision_domains": { "provigil24store.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }