The Complainant is Sanofi, France, represented by Selarl Marchais & Associés, France.
The Respondent is Agim Allaraj, United States of America. 2. The Domain Name and Registrar
The disputed domain name is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 1, 2019. On August 2, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 2, 2019, 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 August 7, 2019 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 amendment to the Complaint on August 8, 2019. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on August 8, 2019.
The Center verified that the Complaint together with the amendment to the Complaint and 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 August 13, 2019. In accordance with the Rules, paragraph 5, the due date for Response was September 2, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 4, 2019.
The Center appointed Marilena Comanescu as the sole panelist in this matter on September 16, 2019. 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.
The language of the proceedings is English in accordance with paragraph 2 of the Rules. 4. Factual Background
The Complainant Sanofi is a French multinational pharmaceutical company ranking first in Europe and the fourth in the world in its industry. The Complainant was formed as Sanofi-Aventis in 2004 and it changed its name to Sanofi in May 2011. The Complainant is active in more than 100 countries on all five continents employing 110,000 people.
The Complainant has a large portfolio of registrations for the SANOFI AVENTIS mark worldwide including:
- the European Union Trademark SANOFI AVENTIS (stylized), registration number 004054193, filed on September 28, 2004 and registered on November 24, 2005, for goods and services in classes 1, 3, 5, 10, 38, and 42; and
- the International Trademark SANOFI AVENTIS (stylized), registration number 849323, registered on February 17, 2005, for goods and services in classes 1, 3, 5, 10, 38, and 42.
The Complainant holds and uses a significant number of domain names which wholly incorporate the SANOFI AVENTIS mark, such as , , and .
It is undisputed that the Complainant’s trademark is well-known and has a strong reputation worldwide. See also Sanofi v. Registration Private Domains By Proxy, LLC DomainsByP / Robert Boillin,WIPO Case No. D2019-1120; Sanofi v. Cai Rui Qiao,WIPO Case No. D2017-1765; Sanofi v. EAIG UAE,WIPO Case No. D2016-1137; Sanofi v. Online Management/Registration Private, Domains By Proxy, LLC,WIPO Case No. D2013-2212; or Sanofi-aventis, Aventis Inc. v. Hostmaster, Domain Park Limited,WIPO Case No. D2007-1641.
The disputed domain name was registered on July 17, 2019, and, according to the evidence provided in the Complaint, it was used in connection with pay‑per‑click pages (“PPC”) with sponsored links. 5. Parties’ Contentions A. Complainant
The Complainant contends that the disputed domain name is confusingly similar to its well-known trademark SANOFI AVENTIS followed by the top level domain suffix “.club”, the Respondent has no rights or legitimate interests in the disputed domain name, and the Respondent registered and is using the disputed domain name in bad faith. B. Respondent
The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings A. Respondent identity
The Complaint was initially brought against “Registration Private, WhoIsguard, Inc”. The Registrar disclosed the Respondent’s identity on August 2, 2019, being Agim Allaraj. Any final determination as to the proper identity of the respondent is at the sole discretion of the Panel. In this case the Panel finds that the Respondent is Agim Allaraj.
In view of the Respondent’s default, the discussion and findings will be based upon the contentions in the Complaint and any reasonable position that can be attributable to the Respondent. Under paragraph 4(a) of the Policy, a complainant can only succeed in an administrative proceeding under the Policy if the following circumstances are met:
(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) the respondent has no rights or legitimate interests in the disputed domain name; and
(iii) the disputed domain name has been registered and is being used in bad faith.
The Panel will further analyze the potential concurrence of the above circumstances. B. Identical or Confusingly Similar
The Complainant holds rights in the SANOFI AVENTIS trademark.
The disputed domain name incorporates the Complainant’s trademark in its entirety.
It is well established in decisions under the UDRP that the generic Top-Level Domain (“gTLD”) (e.g., “.net”, “.info”, “.com”, “.club”) may typically be disregarded for the purposes of consideration of confusing similarity between a trademark and a domain name.
Given the above, the Panel finds that the disputed domain name is identical to the Complainant’s trademark SANOFI AVENTIS, pursuant to the Policy, paragraph 4(a)(i). C. Rights or Legitimate Interests
The Complainant asserts that the Respondent does not hold any trademark rights, license or authorization whatsoever to use the mark SANOFI AVENTIS, that the Respondent is not commonly known by the disputed domain name and that the Respondent has not used the disputed domain name in connection with a legitimate noncommercial or fair use or a bona fide offering of goods and services.
Under the Policy, “where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name. If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisfied the second element.” See section 2.1 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”).
The Respondent has not replied to the Complainant’s contentions and has not come forward with relevant evidence to rebut the Complainant’s prima facie case.
There is nothing in the record suggesting that the Respondent has ever been commonly known by the disputed domain name.
The Respondent has used the disputed domain name in connection with parking pages. Panels have constantly found that the use of a domain name to host a parked page comprising PPC links does not represent a bona fide offering where such links compete with or capitalize on the reputation and goodwill of the complainant’s marks or otherwise mislead Internet users. See section 2.9 of the WIPO Overview 3.0.
Consequently, the Panel finds that the Respondent has no rights or legitimate interests in the disputed domain name, pursuant to the Policy, paragraph 4(a)(ii). D. Registered and Used in Bad Faith
The Complainant holds trademark rights since at least 2004 and it is well-known worldwide in its field of activity. The disputed domain name was created in 2019 and reproduces the Complainant’s mark. For the above, the Panel finds that the disputed domain name was registered in bad faith, knowing the Complainant and targeting its trademark.
At the time of filing the Complaint the disputed domain name resolved to parking pages providing PPC links to various services provided by third parties.
Paragraph 4(b)(iv) of the Policy provides that the use of a domain name to intentionally attempt “to attract, for commercial gain, Internet users to [the respondent’s] website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of [the respondent’s] website or location or of a product or service on [the respondent’s] website or location” is evidence of registration and use in bad faith.
The Respondent was using without permission the Complainant’s well-known trademark in order to get traffic on its web portal and to obtain commercial gain from the false impression created for Internet users with regard to a potential affiliation or connection with the Complainant.
Furthermore, the Respondent registered the disputed domain name under a proxy service and refused to participate in the present proceeding in order to provide arguments in its favor. Having in view the other circumstances of this case, such facts constitute further evidence of bad faith behavior.
For all the above reasons, the Panel finds that the Respondent registered and is using the disputed domain name in bad faith, pursuant to the Policy, paragraph 4(a)(iii). 7. Decision
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name be transferred to the Complainant.
Marilena Comanescu
Sole Panelist
Date: September 23, 2019
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