Decisión del Panel Administrativo nº DCO2021-0066 of WIPO Arbitration and Mediation Center, October 19, 2021 (case Norgine Limited v. c/o whoisproxy.com / Name Redacted)

• Resolution Date: October 19, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Colombia (.co)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Norgine Limited v. c/o whoisproxy.com / Name Redacted

Case No. DCO2021-0066

1. The Parties

The Complainant is Norgine Limited, United Kingdom, represented by Deloitte LLP, United Kingdom.

The Respondent is c/o whoisproxy.com, United States of America / Name Redacted.[1]

2. The Domain Name and Registrar

The disputed domain name [norgineventures.co] is registered with Key-Systems GmbH (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 20, 2021. On August 24, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 25, 2021, 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 September 3, 2021 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 September 8, 2021.

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 September 10, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 30, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 1, 2021.

The Center appointed Alistair Payne as the sole panelist in this matter on October 8, 2021. 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 pharmaceutical company based in Europe and founded in 1906. It is part of the Norgine group of companies (together, “the Complainant Group”) which also includes: Norgine Ventures Management Limited, a United Kingdom company; Norgine B.V., Norgine Europe B.V., and Norgine Ventures B.V., all of which are based in the Netherlands; as well as Austrian, Belgian, German and other European entities. The Complainant, or the Complainant Group, owns an extensive international portfolio of trade mark registrations for its NORGINE mark including the United Kingdom registration no. 609225 registered on September 26, 1939 in the Complainant’s name. The Complainant, or the Complainant Group, also own a substantial portfolio of domain names that incorporate the NORGINE mark, including [norgine.com], [norginepharmaceuticals.com], [norgineapps.com], and numerous similar domain names.

The disputed domain name was registered on April 19, 2021 and does not resolve to an active website.

5. Parties’ Contentions

A. Complainant

The Complainant submits that the disputed domain name wholly incorporates the highly distinctive NORGINE mark as its dominant element which is sufficient to render the disputed domain name confusingly similar to the Complainant’s mark. It says that the addition of the common English word “ventures”...