{ "case_number": "CAC-UDRP-107120", "time_of_filling": "2024-12-02 10:40:29", "domain_names": [ "tevamexicos.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Teva Pharmaceutical Industries Ltd" ], "complainant_representative": "SILKA AB", "respondent": [ "Guy Sensei" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
<\/span><\/p>\n

The Complainant is Teva Pharmaceutical Industries Ltd. (\"Complainant\" or \"Teva\"), an international actively and widely known pharmaceutical company, established in 1901. According to the Complainant, Teva maintains a portfolio of approximately 3,600 medicines, reaching some 200 million people across 58 markets and six continents every day. The Complainant has over 50 manufacturing facilities and in the region of 37,000 employees. <\/p>\n


Teva is the registered holder of numerous word and figurative \"TEVA\" trademarks in many jurisdictions (for more information see section Identification of Rights) as well as it operates worldwide under the company name including the distinctive \"TEVA\" word element.<\/span><\/p>\n

The Complainant and its affiliated companies hold also many domain names including <tevamexico.com> and <tevamexico.com.mx>.<\/span><\/p>\n

The disputed domain name <tevamexicos.com> was registered on November 6, 2024.

The Complainant states that the disputed domain name <tevamexicos.com> is confusingly similar to its trademark \"TEVA\". In particular, in the Complainant's view, the domain name comprises in full the \"TEVA\" trademark and the addition of the term \"MEXICOS\" is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark.  

The Complainant states that the Respondent is not affiliated with him nor authorized by him in any way. The Complainant states that the Respondent has no rights nor legitimate interests in the disputed domain name and that it is not related in any way to its business. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent, according to the Whois database, is not commonly known by <tevamexicos> or by other names similar to the disputed domain name.

The Complainant also notes that the domain name <tevamexicos.com> resolves to a parking page and that, given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with the full knowledge of the Complainant's trademarks. It is the Complainant's view that the Respondent has allowed the disputed domain name to be used with the intent to capitalise on its confusing similarity with the Complainant's \"TEVA\" brand and official online presence for Mexico-based internet users. <\/span><\/p>\n

The Complainant has also demonstrated that the disputed domain name has been set up with MX records which suggests that it may be actively used for email purposes. This, according to the Complainant, is also indicative of bad faith registration and use. <\/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.<\/p>", "no_response_filed": "

The Complainant contentions are summarised above.<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n

 <\/span><\/b><\/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": [ "Guido Maffei" ], "date_of_panel_decision": "2025-01-14 00:00:00", "informal_english_translation": "

The Complainant Teva Pharmaceutical Industries Ltd owns different trademarks consisting of the word TEVA. In particular the Complainant has fully proved to be the owner of the following signs:<\/span>

- Israeli Trademark No. 41075 for TEVA registered on July 5, 1977, upon application made on August 5, 1975;<\/span>
<\/span><\/p>\n

- U.S. Trademark No. 1567918 for TEVA registered on November 28, 1989, upon application made on February 17, 1989;<\/span>
<\/span><\/p>\n

- EUTM No. 1192830 for TEVA registered on July 18, 2000, upon application made on June 6, 1999;<\/span>
<\/span><\/p>\n

- International Trademark No. 1319184 for TEVA (design) registered on June 15, 2016;<\/span><\/p>\n

- EUTM No. 15135908 for TEVA (design) registered on July 28, 2016, upon application made on February 23, 2016;<\/span><\/p>\n

- Mexican Trademark No. 403326 for TEVA registered on January 10, 1992, upon application made on September 18, 1990; and<\/span><\/p>\n

- Mexican Trademark No. 1657987 for TEVA (design) registered on July 21, 2016, upon application made on March 9, 2016.<\/p>", "decision_domains": { "tevamexicos.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }