LA PHARMA SRL v. Domains By Proxy, LLC
Claim Number: FA2111001974712
Complainant: LA PHARMA SRL, of MARLTON, United States of America.
Complainant Representative: LA PHARMA SRL, of MARLTON, New Jersey, United States of America.
Respondent: Registration Private / Domains By Proxy, LLC of Tempe, Arizona, US.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC
Registrars: GoDaddy.com, LLC
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Jeffrey M. Samuels, as Examiner.
Complainant submitted: November 28, 2021
Commencement: November 30, 2021
Default Date: December 15, 2021
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure, Paragraphs 3 and 4, and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant owns U.S. Registration No. 6028658 for the mark LA PHARMA S.R.L. and logo (the term “PHARMA S.R.L.” disclaimed) for use on various hormone and pharmaceutical preparations. It asserts that Respondent’s use of the disputed domain name, lapharmaceuticals.company, is confusingly similar to its registered mark and is being used to create confusion and gain commercial gain by giving a false representation of being an official domain of LA PHARMA SRL. Complainant asserts that the goods found on Respondent’s lapharmaceuticals.company website are counterfeit.
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
1. Identical or Confusingly Similar
The Examiner finds that the disputed domain name is confusingly similar to Complainant’s mark. As noted by Complainant, the domain name incorporates the most distinctive element of Complainant’s mark, the letters “LA.” The addition of the term “pharmaceuticals” does not preclude a finding of confusingly similarity given that Complainant’s mark includes the term “PHARMA.”
The evidence further supports the determination that Complainant holds a valid national registration for its LA PHARMA S.R.L. and logo mark and that such mark is currently in use.
2. Rights or Legitimate Interests
As noted above, Respondent has defaulted. There is no evidence that Respondent has any rights or legitimate interests in the disputed domain name.
3. “Bad Faith” Registration and Use
The Examiner finds that the disputed domain name was registered and is being used in bad faith. The record in this case indicates that, by using the domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of such site and of the goods found on such site. As found above, the disputed domain name is confusingly similar to Complainant’s mark and, according to Complainant, resolves to a website at which counterfeit pharmaceutical products are offered for sale. The website includes, just below Complainant’s mark, the phrase “This Is Our Only Official Website.” This is further evidence of bad faith.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence. The Examiner hereby Orders the following domain name be SUSPENDED for the duration of the registration:
lapharmaceuticals.company
Jeffrey M. Samuels, Examiner
Dated: December 15, 2021
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