Decisión del Panel Administrativo nº D2018-1380 of WIPO Arbitration and Mediation Center, August 13, 2018 (case Sanofi v. Zheng Hang)

Resolution DateAugust 13, 2018
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Sanofi v. Zheng Hang

Case No. D2018-1380

1. The Parties

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

The Respondent is Zheng Hang of Beijing, China.

2. The Domain Name and Registrar

The disputed domain name [sanofipasteur-rabies.com] is registered with Bizcn.com, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on June 20, 2018. On June 20, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 21, 2018, the Registrar transmitted by email to the Center its response confirming that the Respondent is listed as the registrant and providing his contact details. On June 22, 2018, the Center sent an email in English and Chinese to the Parties regarding the language of the proceeding. The Complainant requested that English be the language of the proceeding on June 25, 2018. The Respondent did not comment on the language of the proceeding before the designated due date.

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 in English and Chinese of the Complaint, and the proceedings commenced on July 3, 2018. In accordance with the Rules, paragraph 5, the due date for Response was July 23, 2018. The Respondent did not submit any response. The Center then notified the Respondent’s default on July 24, 2018.

The Center appointed Joseph Simone as the sole panelist in this matter on July 30, 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 paragraph 7 of the Rules.

4. Factual Background

Sanofi is a French multinational pharmaceutical company headquartered in Paris (France) and is ranked one of the world’s largest multinational pharmaceutical companies for sales of prescription drugs. Sanofi engages in research and development, manufacturing and marketing of pharmaceutical products for sale, principally in the prescription market, but also for over-the-counter medications. Sanofi had consolidated net sales of EUR 35.05 billion in 2017, EUR 33.82 billion in 2016, EUR 34.06 billion in 2015 and EUR 31.38 billion in 2014.

Sanofi is a full member of the European Federation of Pharmaceutical Industries and Associations (EFPIA).

The company began using the name “Sanofi-Aventis” in 2004 following the merger of Aventis and Sanofi-Synthélabo, and changed its name to “Sanofi” in May 2011.

Sanofi offers a wide range of patented prescription drugs to treat patients with serious diseases and has leading positions in seven major therapeutic areas, namely cardiovascular, thrombosis, metabolic disorders, oncology, central nervous system, internal medicine and vaccines.

Sanofi’s worldwide reputation was recognized in the annual “L2 Digital IQ Index: Pharmabrand & Healthcare Providers” worldwide brand survey issued April 18, 2011, in which it appeared in the “Flash of Genius” section in reference to its promoting patient resources.

“Sanofi Pasteur” is the name of the vaccines division of Sanofi and it produces more than 1 billion doses of vaccines every year, making it possible to immunize more than 500 million people in the world. It offers a broad range of vaccines, protecting against 20 infectious diseases. With over EUR 1 million invested every day in research and development, Sanofi Pasteur employs nearly 13,000 people worldwide and generated EUR 3,897 million in revenue in 2012. Sanofi Pasteur also has 13 production and/or R&D sites located in France, United States of America (“US”), Canada, Argentina, China, India, Mexico and Thailand. It holds approximately a quarter of the world’s vaccine market.

Sanofi currently owns the below trademark registrations in various jurisdictions over the globe:

- French trademark SANOFI (+device) number 3831592, registered on May 16, 2011 in classes 1, 3, 5, 9, 10, 16, 35, 38, 40, 41, 42 and 44, notably covering pharmaceutical products;

- French trademark SANOFI number 96655339, registered on December 11, 1996 in classes 1, 3, 5, 9, 10, 35, 40 and 42, notably covering pharmaceutical products;

- French trademark SANOFI (+device) number 92412574, registered on March 26, 1992 in class 5 covering pharmaceutical products;

- French trademark SANOFI number 1482708, registered on August 11, 1988 in classes 1, 3, 4, 5, 10, 16, 25, 28 and 31 notably covering pharmaceutical products;

- European Union trademark SANOFI number 010167351, filed on August 2, 2011 and registered on January 7, 2012 in classes 3 and 5, notably covering pharmaceutical products;

- European Union trademark SANOFI number 004182325, filed on December 8, 2004 and registered on February 9, 2006 in classes 1, 9, 10, 16, 38, 41, 42 and 44, notably covering pharmaceutical products and medical spheres;

- European Union trademark SANOFI number 000596023, filed on July 15, 1997 and registered on February 1, 1999 in classes 3 and 5, notably covering pharmaceutical products;

- International trademark SANOFI (+ device) number 1091805, registered on August...

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