Decisión del Panel Administrativo nº D2020-2584 of WIPO Arbitration and Mediation Center, November 24, 2020 (case Cosmo Pharmaceuticals N.V. v. Sem Levi)

• Resolution Date: November 24, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Cosmo Pharmaceuticals N.V. v. Sem Levi

Case No. D2020-2584

1. The Parties

The Complainant is Cosmo Pharmaceuticals N.V., Ireland, represented by Pinsent Masons LLP, United Kingdom.

The Respondent is Sem Levi, Pakistan.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 5, 2020. On October 5, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 6, 2020, 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 Complainant on October 9, 2020 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on October 12, 2020.

The Center verified that the Complaint together with the amended 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 October 13, 2020. In accordance with the Rules, paragraph 5, the due date for Response was November 2, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 4, 2020.

The Center appointed Edoardo Fano as the sole panelist in this matter on November 10, 2020. 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.

Having reviewed the communication records in the case file provided by the Center, the Panel finds that the Center has discharged its responsibility under the Rules, paragraph 2(a), “to employ reasonably available means calculated to achieve actual notice to Respondent”. Therefore, the Panel shall issue its Decision based upon the Complaint, the Policy, the Rules and the Supplemental Rules and without the benefit of a response from the Respondent.

The language of the proceeding is English, being the language of the Registration Agreement, as per paragraph 11(a) of the Rules.

4. Factual Background

The Complainant is Cosmo Pharmaceuticals N.V., an Irish company operating in the pharmaceutical field and owning the following trademark registration for COSMO:

- European Union Trademark Registration No. 010649119 for COSMO and device, registered on July 3, 2012.

The Complainant also operates on the Internet, its official website being “www.cosmopharma.com”.

The Complainant provided evidence in support of the above.

The disputed domain name [cosmopharmaceuticalsnv.com] was registered on May 28, 2020, according to the WhoIs records, and the website at the disputed domain name is...