Decisión del Panel Administrativo nº D2016-1138 of WIPO Arbitration and Mediation Center, August 23, 2016 (case Sanofi, Genzyme Corporation v. Registration Private, Domains By Proxy, LLC / Scott Scanlon)
| Resolution Date | August 23, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Cancellation |
| Dominio | Generic Domains |
The Complainants are Sanofi of Paris, France and Genzyme Corporation of Cambridge, Massachusetts, United States of America (“US”), represented by Selarl Marchais & Associés, France.
The Respondent is Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, US / Scott Scanlon of Appleton, Wisconsin, US.
The disputed domain name [sanofigenzymemtgs.com] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 7, 2016. On June 7, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 8, 2016, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainants on June 9, 2016, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainants to submit an amendment to the Complaint. The Complainants filed an amendment to the Complaint on June 9, 2016.
The Center verified that the Complaint and amendment to 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 the Respondent of the Complaint, and the proceedings commenced on June 21, 2016. In accordance with the Rules, paragraph 5, the due date for Response was July 11, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 19, 2016.
The Center appointed Tobias Malte Müller as the sole panelist in this matter on August 9, 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.
The Complainants are Sanofi and Genzyme Corporation. Sanofi is the registered owner of numerous trademark registrations for SANOFI, in particular, US trademark SANOFI No. 4178199 filed on August 12, 2011, and registered on July 24, 2012, amongst others for goods in class 5, i.e., pharmaceuticals. Genzyme Corporation is the registered owner of numerous trademark registrations for GENZYME, in particular US trademark GENZYME No. 1859429 filed on September 27, 1993, and registered on October 25, 1994, for goods in class 5, namely pharmaceutical preparation for use as an enzyme replacement and for the prevention of adhesions during surgery.
The Respondent registered the disputed domain name [sanofigenzymemtgs.com] on January 27, 2016. It results from the Complainants’ documented allegations that no content is displayed on the website to which the disputed domain name resolves.
The Complainants allege that Sanofi is a French multinational pharmaceutical company headquartered in Paris, France, ranking as the world’s fourth largest multinational pharmaceutical company by prescription. It engages in research and development, manufacturing and marketing of pharmaceutical products for sale. Sanofi is settled in more than 100 countries on all five continents employing 110,000 people. In addition, the Complainants state that Genzyme Corporation is an American...
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