WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2019-0043
The Petitioner is Ferring B.V., theNetherlands, represented by Synch Advokat AB, Sweden.
2. Domain Holder
The Domain Holder is P. P., of Slovakia.
3. Domain Name and Procedural History
This Alternative Dispute Resolution proceeding relates to the Domain Name <ferringpharmacy.se>.
This Petition was filed under the Terms and Conditions of registration (the “.se Policy”) and the Instructions governing Alternative Dispute Resolution proceeding for domain names in the top-level domain .se (the “.se Rules”).
The WIPO Arbitration and Mediation Center (“the Center”) verified that the Petition satisfied the formal requirements of the .se Policy and the .se Rules. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on November 13, 2019. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder’s default on December 16, 2019.
The Center appointed Peter Hedberg as the sole Arbitrator in this matter on January 7, 2020. The Arbitrator has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with Section 1 of the .se Rules.
4. Factual Background
The Petitioner is the holder of inter alia the European Union (EU) trademark No. 004030193 FERRING, registered on September 11, 2006, for Nice classification 5 and 10. The Petitioner is also the holder of the EU trademark No. 1275686 FERRING PHARMACEUTICALS, registered on September 24, 2015, for Nice classification 5, 10, 42 and 44 and the EU trademark No. 014570931 FERRING PHARMACEUTICALS, registered on January 11, 2016, for Nice classification 5, 10, 42 and 44.
The Domain Holder is the holder of the Domain Name <ferringpharmacy.se> (the “Domain Name”), registered on July 11, 2019.
The Petitioner has requested that Domain Name <ferringpharmacy.se> shall be transferred to the Petitioner.
The Domain Holder has been invited to respond to the Petition but has failed to comply with the deadline for the submission of Response.
The Petitioner has requested that the case shall be administered as an Accelerated Proceeding if the Domain Holder does not respond to the Petition.
6. Parties’ Contentions
In support of its claim the Petitioner has relied on the grounds:
(i) that the Domain Name is highly similar to the Petitioner’s FERRING trademarks;
(ii) that the Domain Name has been registered in bad faith; and
(iii) that the Domain Holder has no rights to or justified interest in the Domain Name.
The Petitioner has stated that the Domain Name is confusingly similar to Petitioner proprietary trademarks and domain names as it reproduces the FERRING trademark entirely together with the descriptive term “pharmacy”. The Petitioner has further stated that the Domain Name issue a high risk of confusion since the word “pharmacy” is closely related to both the wording in FERRING’s figurative trademarks and the core business of Ferring being pharmaceutics.
The Petitioner has further stated that the Domain Holder has never been known under the name or trademark FERRING. Furthermore, the Domain Name appears to be inactive and no additional evidence to prove it has any rights or legitimate interests in respect of the Domain Name has been presented by the Domain Holder.
7. Discussion and Findings
A. The Domain Name is highly similar to trademarks FERRING and FERRING PHARMACEUTICALS which are legally binding in Sweden and to which the Petitioner can prove its rights.
B. Based on the record, the Domain Name has been registered or used in bad faith.
C. Based on the record, the Domain Holder has no rights or justified interest in the Domain Name.
For the foregoing reasons, in accordance with Section 21 of the .se Rules and Section 7.2 of the .se Policy, the Arbitrator orders that the Domain Name <ferringpharmacy.se> be transferred to the Petitioner.
Date: January 21, 2020