{
    "case_number": "CAC-UDRP-107609",
    "time_of_filling": "2025-05-22 16:14:09",
    "domain_names": [
        "gosemdovici.com",
        "imosipavici.com",
        "gomosdivici.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Teva Pharmaceuticals USA, Inc"
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "web  master (***Maybe for sale on Dynadot Marketplace***)",
        "mesut  erdogan"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is Teva Pharmaceuticals USA, Inc., a North American subsidiary of Teva Pharmaceutical Industries Ltd., a multinational pharmaceutical company headquartered in Israel and one of the world&rsquo;s largest generic medicines manufacturers. Teva was established in 1901 and incorporated in 1944, operating in more than 50 countries with approximately 37,000 employees worldwide and annual revenues exceeding USD 16.5 billion.<\/p>\n<p>The Complainant is the owner of several trademarks consisting of the coined terms GOMOSDI, GOSEMDO and IMOSIPA, which are registered in the European Union and the United Kingdom for pharmaceutical goods in Class 5. These terms have no meaning in English and are exclusively associated with the Complainant&rsquo;s branding and commercial strategy.<\/p>\n<p data-start=\"889\" data-end=\"1104\">Additionally, on October 24, 2024, the Complainant filed applications with the United States Patent and Trademark Office (USPTO) for the marks GOMOSDI VICI, GOSEMDO VICI, and IMOSIPA VICI, also in Class 5.<\/p>\n<p data-start=\"1106\" data-end=\"1632\">On the same day, the disputed domain names &lt;gomosdivici.com&gt;, &lt;gosemdovici.com&gt;, and &lt;imosipavici.com&gt; were registered using the same registrar (Dynadot LLC), the same privacy protection service (Super Privacy Service LTD c\/o Dynadot), and are currently offered for sale on Godaddy&rsquo;s domain parking platform for USD 2,988 each.<\/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 names.<\/p>",
    "no_response_filed": "<p><strong>The Complainant<\/strong><\/p>\n<p>The Complainant asserts that each of the elements enumerated in paragraph 4(a) of the Policy and the corresponding provisions in the Rules have been satisfied. In particular, the Complainant asserts that:<\/p>\n<p>(1) the Complainant contends that the disputed domain names are confusingly similar to its trademarks GOMOSDI, GOSEMDO, and IMOSIPA and incorporate them in their entirety. These coined terms are the dominant elements of the corresponding marks, rendering the disputed domain names confusingly similar. The Complainant emphasizes that the addition of the term &ldquo;VICI&rdquo; does not prevent a finding of confusing similarity, as the essential and distinctive portions remain. The generic Top-Level Domain (gTLD) &ldquo;.com&rdquo; is standard and irrelevant to the assessment;<\/p>\n<p>(2) the Complainant states that the Respondent has no rights or legitimate interests in the disputed domain names. The Complainant has not authorized the Respondent to use its trademarks or register any related domain names. The Respondent is not known by the disputed domain names and has not used them in connection with a bona fide offering of goods or services. The disputed domain names resolve to identical GoDaddy-hosted parking pages offering the disputed domain names for sale at the same price of USD 2,988, which, in the Complainant&rsquo;s view, indicates that the Respondent&rsquo;s only interest is commercial in nature and exploitative of the Complainant&rsquo;s rights;<\/p>\n<p>(3) the Complainant argues that the Respondent registered and is using the disputed domain names in bad faith. All disputed domain names were registered on the same day, via the same registrar (Dynadot, LLC), using the same privacy service, and correspond directly to trademarks filed by the Complainant on that same day. Furthermore, all disputed domain names are offered for sale at an identical price and resolve to identical landing pages, supporting a conclusion that the Respondent was aware of the Complainant&rsquo;s trademark filings and acted opportunistically to register and profit from domains matching those marks. The Complainant contends that this constitutes a pattern of bad faith conduct aimed at pre-empting the Complainant&rsquo;s legitimate use of its own trademarks as the disputed domain names.<\/p>\n<p>The Complainant asks that the disputed domain names be transferred.<\/p>\n<p><strong>The Respondent<\/strong><\/p>\n<p>The Respondent did not reply to the Complainant&rsquo;s contentions.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are being used in bad faith (within the meaning of Paragraph 4(a)(iii) of the Policy).<\/p>",
    "procedural_factors": "<p><strong>Consolidation of Respondents<\/strong><\/p>\n<p>The Panel notes that the Complainant has requested consolidation of the disputed domain names registered under privacy protection, potentially by multiple respondents. According to paragraph 10(e) of the Rules, a Panel may decide a request by a party to consolidate multiple domain name disputes in accordance with the Policy and the Rules.<\/p>\n<p>Paragraph 10(c) of the Rules provides that the Panel shall ensure the proceeding is conducted with due expedition and gives equal treatment to the parties. The consensus view of UDRP panels, as reflected in section 4.11.2 of the WIPO Overview 3.0, is that consolidation of multiple domain names against multiple respondents may be appropriate where: (i) the domain names or corresponding websites are subject to common control; and (ii) consolidation would be fair and equitable to all parties.<\/p>\n<p>In the present case, although the registrant information for the disputed domain names &lt;gomosdivici.com&gt;, &lt;gosemdovici.com&gt;, and &lt;imosipavici.com&gt; has been masked by a privacy service, the Panel considers the following factors as strongly supporting a finding of common control:<\/p>\n<ul>\n<li>all three disputed domain names were registered on the same day (October 24, 2024) through the same Registrar (Dynadot, LLC) and protected by the same privacy service (Super Privacy Service LTD c\/o Dynadot);<\/li>\n<li>the disputed domain names resolve to identical GoDaddy parking pages and are each listed for sale for the same price of USD 2,988;<\/li>\n<li>the disputed domain names directly reflect, and are identical to, trademark applications filed by the Complainant on the same day, namely, GOMOSDI VICI, GOSEMDO VICI, and IMOSIPA VICI, each being distinctive coined terms.<\/li>\n<\/ul>\n<p>The Panel considers these shared technical and factual elements to be clear indicators that the disputed domain names are subject to common control. The Panel further notes that consolidation would serve the interests of procedural efficiency and would be fair and equitable to all parties, particularly as the Respondent(s) have not come forward to oppose consolidation or otherwise participate in the proceedings.<\/p>\n<p>Accordingly, the Panel grants the Complainant&rsquo;s request to consolidate the disputed domain names for the purposes of this administrative proceeding. The multiple registrants are therefore reffered to as Respondent.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Ganna Prokhorova"
    ],
    "date_of_panel_decision": "2025-06-27 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the following trademark registrations:<\/p>\n<p>- United Kingdom Trademark Registration number UK00004118581 GOMOSDI (word mark), filed on October 30, 2024 and registered on January 24, 2025, in international class 5;<\/p>\n<p>- European Union Trademark Registration number 019098808 GOMOSDI (word mark), filed on October 30, 2024 and registered on March 19, 2025, in international class 5;<\/p>\n<p>- United Kingdom Trademark Registration number UK00004118582 GOSEMDO (word mark), filed on October 30, 2024 and registered on January 24, 2025, in international class 5;<\/p>\n<p>- European Union Trademark Registration number 019098824 GOSEMDO (word mark), filed on October 30, 2024 and registered on March 19, 2025, in international class 5;<\/p>\n<p>- United Kingdom Trademark Registration number UK00004118599 IMOSIPA (word mark), filed on October 30, 2024 and registered on January 24, 2025, in international class 5;<\/p>\n<p>- European Union Trademark Registration number 019098810 IMOSIPA (word mark), filed on October 30, 2024 and registered on March 19, 2025, in international class 5.<\/p>\n<p>Moreover, in relation to the Complainant&rsquo;s rights, it is important to point out for the purposes of this case that the Complainant filed on October 24, 2024 the following trademark applications with the United States Patent and Trademark Office (USPTO):<\/p>\n<p>- United States Trademark Registration number 98818004 GOSEMDO VICI (word mark), filed on October 30, 2024 in international class 5;<\/p>\n<p>- United States Trademark Registration number 98818008 IMOSIPA VICI (word mark), filed on October 30, 2024 in international class 5;<\/p>\n<p>- United States Trademark Registration number 98818012 GOMOSDI VICI (word mark), filed on October 30, 2024 in international class 5.<\/p>",
    "decision_domains": {
        "gosemdovici.com": "TRANSFERRED",
        "imosipavici.com": "TRANSFERRED",
        "gomosdivici.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}