Decisión del Panel Administrativo nº D2018-0089 of WIPO Arbitration and Mediation Center, March 12, 2018 (case Ipsen Pharma S.A.S. v. Admin - This Domain is for sale on Godaddy.com Escrow.com, Trnames Premium Name Services)

• Resolution Date: March 12, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Ipsen Pharma S.A.S. v. Admin - This Domain is for sale on Godaddy.com Escrow.com, Trnames Premium Name Services

Case No. D2018-0089

1. The Parties

The Complainant is Ipsen Pharma S.A.S. of Boulogne Billancourt, France, represented by CSC Digital Brand Services AB, Sweden.

The Respondent is Admin - This Domain is for sale on Godaddy.com Escrow.com, Trnames Premium Name Services of Ankara, Turkey.

2. The Domain Names and Registrar

The disputed domain name [forgolax.com], [forlibgo.com] and [tanaktive.com] are registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 17, 2018. On January 17, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On January 18, 2018, 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 19, 2018. In accordance with the Rules, paragraph 5, the due date for Response was February 8, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 9, 2018.

The Center appointed William R. Towns as the sole panelist in this matter on February 28, 2018. 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 a global biopharmaceutical group whose origins date back to the year 1929 and Dr. Henri Beaufour’s establishment of Laboratoires Beaufour in Dreux (France). The Complainant develops and commercializes medicines for use in oncology, neurosciences and rare diseases. The Complainant distributes over 20 drugs in more than 115 countries, employing approximately 5,100 employees worldwide. The Complainant’s total sales in 2016 eclipsed EUR 1.5 billion.

The Complainant is the owner of European Union Trade Mark registrations for FORLIBGO, TANAKTIVE, and FORGOLAX for pharmaceutical preparations, dietetic foods and substances for medical use, baby food, and nutritional substances. The FORLIBGO mark was applied for on February 3, 2017, and registered on May 18, 2017. The TANAKTIVE mark was applied for on February 2, 2017, and registered on May 26, 2017. The FORGOLAX mark was applied for on February 3, 2017, and registered on May 18, 2017. The Complainant also owns an International trademark registration for the TANAKTIVE.

The disputed domain names [forgolax.com], [tanaktive.com], and [forlibgo.com] were registered on dates coinciding with the dates on which the Complainant’s applications to register the FORLIBGO, TANAKTIVE, and FORGOLAX marks were filed with the European Union Intellectual Property Office (EUIPO). The disputed domain name prior to January 19, 2018, resolved to parking pages advertising the disputed domain names for sale on GoDaddy Auctions. The disputed domain names at present are not linked to any active website.

The Complainant’s representative issued cease-and-desist letters to the Respondent dated August 8, 2017, August 18, 2017, and August 28, 2017, to which the Complainant received no response.

5. Parties’ Contentions

A. Complainant

The Complainant submits that the disputed domain names [forgolax.com], forlibgo.com] and [tanaktive.com] are confusingly similar to the Complainant’s FORGOLAX, FORLIBGO, and TANAKTIVE marks, in which the Complainant has established...