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WIPO Arbitration and Mediation Center

Alternative Dispute Resolution Proceeding

Case No. DSE2019-0049

1. Petitioner

The Petitioner is GW Pharma LimitedofUnited Kingdom, represented by J A Kemp. LLP, United Kingdom.

2. Domain Holder

The Domain Holder is Aureum Agricol AB, Sweden, self-represented.

3. Domain Name and Procedural History

This Alternative Dispute Resolution proceeding relates to the domain name <sativex.se> (“the Domain Name”).

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 December 5, 2019. The Domain Holder did not submit any response however, there were several informal emails and the Domain Holder wrote that it objects the Petitioner’s right to the Domain Name but did not submit the WIPO template. Accordingly, the Parties were informed on January 6, 2020, about the Commencement of Panel Appointment.

The Center appointed Monique Wadsted as the sole Arbitrator in this matter on January 15, 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 a biopharmaceutical company that e.g. develops plant-derived cannabinoid therapeutics. The Petitioner developed the prescription medicine SATIVEX, which is the first medicine derived from the cannabis plant to be approved in Sweden.

The Petitioner is the holder of two European Union TradeMarks (“EUTM”), registration no. 2993384 SATIVEX, registered October 29, 2004, and registration no. 4800819 SATIVEX,

registered November 23, 2006.

The Domain Holder registered the Domain Name <sativex.se> on July 25, 2019.

The Petitioner filed this Petition on November 28, 2019. The Domain Holder has not filed any official response to the Petition.

5. Claim

The Petitioner claims that the domain name <sativex.se> shall be transferred to the Petitioner.

6. Discussion and Findings

A. The Domain Name is identical or similar to a name which is legally recognized in Sweden and to which the Petitioner can prove its rights

The Petitioner has presented evidence that it is the holder of the EUTMs with registration no. 2993384 SATIVEX and registration no. 4800819 SATIVEX. These trademarks were registered several years before the Domain Holder registered the domain name <sativex.se> in 2019.

The Arbitrator finds that the Domain Name <sativex.se>, including or excluding the country code Top-Level Domain (“ccTLD”) “.se”, is in principle both aural and visually identical to the Petitioner’s trademarks. The Petitioner has therefore proven that it holds trademark rights that are identical or similar to the Domain Name that are legally recognized in Sweden.

B. The Domain Name has been registered or used in bad faith

The Domain Name was registered several years after the registration of the Petitioner’s trademarks SATIVEX.

According to the website “www.aureumlife.se”, which is owned by the Domain Holder, the Domain Holder operates (together with other companies within the same company group) with the goal to “become a leading researcher and producer of medical cannabis in Sweden”. The Petitioner is active in the same area of business and produces a medicine derived from the cannabis plant. Since the Petitioner’s product SATIVEX is the first product containing cannabidiol to be granted regulatory approval by the Medical Products Agency in Sweden, the product SATIVEX has received a lot of attention. It is therefore very likely that the Domain Holder had knowledge of the Petitioner’s product SATIVEX when the Domain Name was registered.

The fact that the Domain Holder on a Facebook page connected with the website “www.aureumlife.se” has reposted links to third party articles that reference the Petitioner and its SATIVEX product, and that a comment is made on the Domain Holder’s website “www.aureumlife.se” on the fact that only one medicine with cannabinoid active substances is approved on the Swedish market, further indicates that the Domain Holder was aware of the product SATIVEX and the Petitioner’s rights when registering and using the Domain Name.

Based on documentation presented, the Petitioner has shown that the Domain Name redirected the traffic to the Domain Holder’s website “www.auremlife.se”.

Further, the Petitioner contacted the Domain Holder asking it to transfer the Domain Name to the Petitioner. The Domain Holder has not given any response to this request.

Based on the above, the Arbitrator finds that the Domain Holder has registered and used the Domain Name in bad faith.

C. The Domain Holder has no rights or justified interest in the Domain Name.

The registered rights of the Petitioner are older than the registration of the Domain Name and the Domain Holder does not own any identical or similar right to the Domain Name. The word “sativex” does not have any dictionary meaning. The Domain Holder, thus, cannot have used the Domain Name in a linguistic meaning. Further, all top results when searching for “sativex” on the Internet lead to information on the Petitioner’s trademark and product.

The Domain Holder has not presented any facts showing any rights or justified interest in the Domain Name.

Based on these findings the Arbitrator concludes that the Domain Holder does not have any justified interests in the Domain Name.

7. Decision

The Arbitrator decides that the Domain Name <sativex.se> shall be transferred to the Petitioner.

8. Summary

The Petitioner has provided evidence that it holds trademark rights that are legally recognized in Sweden. The Arbitrator has found that <sativex.se> is in principle identical to the Petitioner’s trademarks SATIVEX. The Domain Holder was aware of the Petitioner’s trademarks when it filed for registration of <sativex.se> and when using the Domain Name. Further, the Domain Holder has used the Domain Name in order to benefit from the good reputation, market position of the Petitioner. “Sativex” has no linguistic meaning and the Domain Holder therefore has no rights or justified interest in the Domain Name. The Domain Name shall therefore be transferred to the Petitioner.

Monique Wadsted
Date: February 4, 2020

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