{
    "case_number": "CAC-UDRP-107023",
    "time_of_filling": "2024-11-04 09:24:26",
    "domain_names": [
        "provigilbuysafely.shop"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Cephalon, Inc.  "
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Valeriy Margulis"
    ],
    "respondent_representative": null,
    "factual_background": "<p><span>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n<p><span>The Complainant is a pharmaceutical company based in West Chester, USA. The Complainant is active in the pharmaceutical business for many decades and is part of a bigger pharmaceutical company since 2011.<\/span><\/p>\n<p>The Complainant&rsquo;s PROVIGIL Tablets [C-IV] contain modafinil, a Schedule IV federally controlled substances in the United States. The product name is trademark protected.<\/p>\n<p><span>The Complainant uses domain names to promote the Provigil mark with related products and services. The Complainant enjoys a strong presence online also via its official social media platforms.<\/span><\/p>",
    "other_legal_proceedings": "<p>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": "<p>The Complainant contends that the requirements of the Policy have been met and that the Disputed Domain Name should be transferred to it.<\/p>\n<p><span>The Respondent is a russian citizen, using a hidden domain holder name, who is represented by his Registry. On Octo<\/span>ber 2, 2024<span> the Respondent registered the Disputed Domain Name. He used the Disputed Domain Name active for commercial gain.<\/span><\/p>\n<p><span>&nbsp;<\/span><span>SUMMARY <\/span>OF COMPLAINANT&acute;S CONTENTIONS<\/p>\n<ul>\n<li><span> <\/span>Provigil <span>is a well-known, distinctive trademark worldwide.<\/span><\/li>\n<li><span>The Complainant&rsquo;s trademarks registration predates the registration of the Disputed Domain Name.<\/span><\/li>\n<li><span>The Respondent has no rights in the mark <\/span>Provigil<span>, bears no relationship to the Complainant, and is not commonly known by the Disputed Domain Name - accordingly it has no legitimate interest in the Disputed Domain Name.<\/span><\/li>\n<li><span> It is highly unlikely that the Respondent was not aware of Complainant&rsquo;s prior rights in the trademark <\/span>Provigil<span> at the time of registering the Disputed Domain Name, given the Complainant&rsquo;s worldwide renown.<\/span><\/li>\n<li><span>The Respondent has directed the Disputed Domain Name to a commercial homepage.<\/span><\/li>\n<li><span>The Respondent failed in responding to cease-and-desist letter sent by the Complainant.<\/span><\/li>\n<li><span>The Respondent has been using privacy shield to conceal its identity.<\/span><\/li>\n<\/ul>\n<p><span>&nbsp;<\/span><span>Consequently, the Respondent should be considered to have registered the Disputed Domain Name confusingly similar to the Complainant&rsquo;s well-known, distinctive trademark <\/span>Provigil<span>. Especially the generic term &ldquo;buy&rdquo; and &ldquo;safely&rdquo; in the Disputed Domain Name makes obvious that the Respondent was aware what he has done. The Complainant has not found that the Respondent is of any legitimate right or interest in using the Disputed Domain Name, but rather registered and has been using the Disputed Domain Name in bad faith.<\/span><\/p>\n<p><span>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/span><\/p>\n<p><\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Name&nbsp; 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": "<p>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": "<p>The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Name&nbsp; has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
    "procedural_factors": "<p>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": [
        "Harald von Herget"
    ],
    "date_of_panel_decision": "2024-12-16 00:00:00",
    "informal_english_translation": "<p><span>The Complainant is Owner of trademarks in Russia and all over the world. <\/span>The Complainant is the owner of the distinctive mark PROVIGIL, the predominant part of many of the trademarks of the Complainant. The Complainant has several registrations for the word mark and label for PROVIGIL globally, including the international trademark registration number 438439 before WIPO dated June 28, 1978, that covers Russia, and EU trademark registration number 003508843 before EUIPO dated March 25, 2008.<\/p>\n<p><span>&nbsp;<\/span><\/p>\n<p>The Complainant also provided evidence that it owns domain names containing the name &ldquo;Provigil&rdquo;, (e.g., see &lt;provigil.com&gt;, &lt;provigil.shop&gt;, &lt;provigilshop.com&gt;), well before the Respondent registered the Disputed Domain Name.<\/p>",
    "decision_domains": {
        "provigilbuysafely.shop": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}