Decisión del Panel Administrativo nº D2016-1042 of WIPO Arbitration and Mediation Center, July 18, 2016 (case Actelion Pharmaceuticals, Ltd Corporation Switzerland v. Rsinal Indana)

• Resolution Date: July 18, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Actelion Pharmaceuticals, Ltd Corporation Switzerland v. Rsinal Indana

Case No. D2016-1042

1. The Parties

Complainant is Actelion Pharmaceuticals, Ltd Corporation Switzerland of Allschwil, Switzerland, represented by SILKA Law AB, Sweden.

Respondent is Rsinal Indana of Lagos, Nigeria.

2. The Domain Name and Registrar

The disputed domain name [actelionpharmaceutical.com] is registered with NameSilo, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 25, 2016. On May 26, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 27, 2016, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing Respondent’s contact details.

The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on May 31, 2016. In accordance with the Rules, paragraph 5, the due date for Response was June 20, 2016. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on June 21, 2016.

The Center appointed Bradley A. Slutsky as the sole panelist in this matter on July 8, 2016. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

4. Factual Background

Complainant is a biopharmaceutical company operating under the name “Actelion Pharmaceuticals, Ltd.” and has a number of trademark registrations for ACTELION in various classes dating back to at least 2005. Complainant has registered a number of domain names that incorporate the ACTELION mark and that lead to websites relating to Complainant and its products and services. The disputed domain name was registered on May 11, 2016. Complainant attached screenshots of the “www.actelionpharmaceutical.com” website to the Complaint, which appear to be a website for “Actelion Pharmaceuticals UK Ltd.”

5. Parties’ Contentions

A. Complainant

Complainant asserts that the disputed domain name consists of Complainant’s ACTELION mark plus the generic word “pharmaceutical” plus the generic Top-Level Domain (“gTLD”) “.com”, and that the disputed domain name therefore is confusingly similar to Complainant’s ACTELION mark because the gTLD should be disregarded for purposes of the confusing similarity test and the word “pharmaceutical” allegedly “exaggerates the confusing similarity between the Domain Name and the Complainant’s trademarks, since the Complainant is a pharmaceutical company.” Complainant asserts that Respondent has no rights or legitimate interests in the disputed domain name because Respondent is known as Rsinal Indana, Respondent is not known as Actelion, Actelion is not a descriptive term indicating characteristics of goods or services, Respondent is using the disputed domain name to redirect users to “a substantially similar reproduction of the content of Complainant’s...