Decisión del Panel Administrativo nº D2013-0019 of WIPO Arbitration and Mediation Center, March 20, 2013 (case Hoffmann-La Roche Inc. v. Krontak Ladik)

• Resolution Date: March 20, 2013
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Hoffmann-La Roche Inc. v. Krontak Ladik

Case No. D2013-0019

1. The Parties

The Complainant is Hoffmann-La Roche Inc., Nutley, New Jersey, United States of America, internally represented.

The Respondent is Krontak Ladik, Koroleva, Kiev, AE, Ukraine.

2. The Domain Name and Registrar

The disputed domain names [1xenical120mg.com] and [20mgaccutane.com] are registered with Moniker Online Services, LLC

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 7, 2013. On January 7, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On January 16, 2013, 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 January 18, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was February 7, 2013. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 12, 2013.

The Center appointed Fabrizio La Spada as the sole panelist in this matter on February 19, 2013. 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 Complainant is the owner of the trademark ACCUTANE registered in the United States Patent and Trademark Office on August 28, 1973 and renewed on June 29, 1993 (Registration Number 966,924). This trademark is registered for a “dermatological preparation”. It has been used since 1972 in connection with the sale of a product indicated for the treatment and prevention of acne.

The Complainant is also the owner of the trademark XENICAL, registered in the United States Patent and Trademark Office on July 18, 1995 (Registration Number 1,906,281). This trademark is registered for a “pharmaceutical preparation for weight reduction and long-term management of weight”. The trademark XENICAL is also registered, in the name of the Swiss company F. Hoffmann-La Roche AG, in numerous countries, including Ukraine.

The Respondent registered the disputed domain names on December 13, 2012.

At the time the Complaint was filed, both disputed domain names resolved to websites providing information on the Accutane product (for the disputed domain name [20mgaccutane.com]) and on the Xenical product (for the disputed domain name [1xenical120mg.com]) and featuring links to online pharmacies, where Internet users could buy products presented as...