Gilead Sciences wins Sovaldi domain dispute
Gilead Sciences has successfully transferred a domain name that included the term ‘Sovaldi’, one of the drug maker’s products.
Following a complaint filed by Gilead at the Alternative Dispute Resolution Forum, Wuxi Yilian was ordered to transfer the ordersovaldi.com domain to the drug company.
Gilead’s complaint, filed on June 10, stemmed from alleged confusion with its Sovaldi drug, used to treat the hepatitis C virus.
Wuxi Yilian registered the domain in 2016.
In a judgment handed down on July 18, panellist Dawn Osborne said a domain name “may not avoid likely confusion by simply adding descriptive or non-distinctive terms to another's mark”.
According to Gilead’s complaint, the website hints that a generic version of Gilead's Sovaldi, which is cheaper and does not require a prescription, is available for sale.
The ruling added: “'Order' is added to enhance confusion and mislead consumers into believing they can purchase complainant’s Sovaldi medication from the web site attached to the domain name.”
The drug sold on ordersovaldi.com was likely to be counterfeit or an unknown constitution, the ruling said.
