Decisión del Panel Administrativo nº D2017-0095 of WIPO Arbitration and Mediation Center, March 16, 2017 (case Sanofi v. Marek Zdanowicz)

• Resolution Date: March 16, 2017
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Sanofi v. Marek Zdanowicz

Case No. D2017-0095

1. The Parties

The Complainant is Sanofi of Paris, France, represented by Selarl Marchais & Associés, France.

The Respondent is Marek Zdanowicz of Weltevredenpark, South Africa.

2. The Domain Name and Registrar

The disputed domain name [snaofi.com] is registered with Tucows Inc. (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on January 18, 2017. On January 18, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 18, 2017, 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 20, 2017. In accordance with the Rules, paragraph 5, the due date for Response was February 9, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on February 10, 2017.

The Center appointed J. Nelson Landry as the sole panelist in this matter on February 16, 2017. 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

Sanofi is a French multinational pharmaceutical company ranking fourth world's largest pharmaceutical company by research, development and prescription of pharmaceutical products. The Complainant is settled in more than hundred countries on all five continents employing 110,000 people. In 2015, it invested over EUR 5 billion in Research and development ("R & D") and its net sales were of EUR 39 billion in that year. It is a leading pharmaceutical company in seven major therapeutic areas namely cardiovascular, thrombosis, metabolic disorders, oncology, central nervous system, internal medicine and vaccines.

The Complainant is the owner of numerous SANOFI trademarks under four groups, SANOFI (+device), SANOFI, Sanofi and Sanofi (+device). First, each are registered in France, the earliest one being French Trademark No. 1482708 SANOFI (registered on August 11, 1998 in international classes 1, 3, 4, 5, 10, 16, 25, 28 and 31); second, three are registered in European Union, SANOFI first since 1997; third, each of the four are registered as an International trademark, the first one on September 25, 1992; then SANOFI was registered in the United States of America on July 24, 2012 and last SANOFI registered on December 11, 1998 in South Africa, the country of residence of the Respondent (herein the "SANOFI Trademarks").

Furthermore, the Complainant has registered and is the owner of 11 different domain...