Sanofi and Genzyme recover domain at WIPO
Pharmaceutical company Sanofi and its subsidiary Genzyme have recovered a domain name that infringed a trademark at the World Intellectual Property Organization’s Arbitration and Mediation Center.
Sanofi and Genzyme filed their complaint on August 30 based on the domain genzyme-nl.com. The decision was published on November 11.
The companies argued that the domain is confusingly similar to the ‘Genzyme’ trademark, that the respondent has no rights or legitimate interests in the domain, and that it is being used in bad faith.
Genzyme owns marks for the term ‘Genzyme’ in the US, EU and China.
The respondent did not reply to Sanofi’s and Genzyme’s complaint.
Rodrigo Azevedo, sole panellist in the dispute, found that the domain was confusingly similar to the ‘Genzyme’ trademark.
He said he has “no doubt” that the “genzyme” term in the domain is “directly connected” with the drugs companies.
Sanofi and Genzyme successfully argued a prima facie case, and Azvedo ruled that the respondent has no rights or legitimate interests in the domain.
He added that the present record provides “no evidence” to demonstrate the respondent’s intent to use the disputed domain name in connection with bona fide goods or services.
Azvedo also said that the domain is being used in bad faith, as there is no active website linked to the domain.
The domain was transferred to Sanofi and Genzyme on November 2. The ruling can be viewed in full here.
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