Decisión del Panel Administrativo nº D2015-0951 of WIPO Arbitration and Mediation Center, July 26, 2015 (case F. Hoffmann-La Roche AG v. Anthony L. Carreno)

• Resolution Date: July 26, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

F. Hoffmann-La Roche AG v. Anthony L. Carreno

Case No. D2015-0951

1. The Parties

The Complainant is F. Hoffmann-La Roche AG of Basel, Switzerland, represented internally.

The Respondent is Anthony L. Carreno of Antigonish, Nova Scotia, Canada.

2. The Domain Name and Registrar

The disputed domain name [onlinevalium.net] is registered with Paknic (Private) Limited (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on June 4, 2015. On June 4, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 9, 2015, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 11, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was July 1, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on July 2, 2015.

The Center appointed Evan D. Brown as the sole panelist in this matter on July 9, 2015. 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

The following facts, relevant to the Panel's determination, are set forth in the Complaint and are not disputed by the Respondent.

The Complainant owns many valid and subsisting trademark registrations for the word VALIUM (the "Mark") including International Registration No. R250784 with a registration date of December 20, 1961, for the Complainant's well-known sedative and anxiolytic drug. The Respondent registered the disputed domain name on May 10, 2015. The Respondent used the disputed domain name in connection with an online pharmacy.

5. Parties' Contentions

A. Complainant

The Complainant asserts that the disputed domain name is confusingly similar to the Mark because, among other things...