URS DEFAULT DETERMINATION

 

Gilead Sciences, Inc. v. Xi An Heng Tai Wang Luo Ke Ji You Xian Gong Si et al.

Claim Number: FA1512001652057

 

DOMAIN NAMES

1.    <gilead.xyz>,

2.    <harvoni.xyz>,

3.    <sovaldi.xyz>,

4.    <tybost.xyz>,

5.    <vitekta.xyz>, and

6.    <zydelig.xyz>

 

These domain names are sometimes individually and/or collectively referred to herein as the “Disputed Domain Names.”

 

PARTIES

Complainant:  Gilead Sciences, Inc. of Foster City, California, United States of America.

 

Complainant Representative: Jack Wessel, Gilead Sciences, Inc.

 

Respondent:  Xi An Heng Tai Wang Luo Ke Ji You Xian Gong Si of Xi An, SN, International, CN.

 

Respondent Representative:  None

 

REGISTRIES and REGISTRARS

Registries:  XYZ.COM LLC

Registrars:  Chengdu West Dimension Digital Technology Co., Ltd.

 

EXAMINER

The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.

 

Kendall C. Reed, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: December 11, 2015

Commencement: December 14, 2015   

Default Date: December 29, 2015

 

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") .

 

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

 

STANDARD OF REVIEW

Clear and convincing evidence.

 

FINDINGS and DISCUSSION

 

The Complainant is the registrant of the trademark GILEAD, US registration number 3,251,595, registered June 17, 2007.

 

Gilead Sciences Ireland UC is the current owner of the following US trademark registrations:

HARVONI, US Registration 4,608,545, registered September 23, 2014;

SOVALDI, US Registration 4,468,665, registered January 21, 2014;

TYBOST, US Registration 4,370,358, registered July 23, 2013;

VITEKTA, US Registration 4,345,163, registered July 4, 2013; and

ZYDELIG, US Registration 4,364,273, registered July 9, 2013.

 

Gilead Sciences Ireland UC is a wholly owned subsidiary of Complaint, and therefore Complainant has rights under these trademarks for purpose of the Policy.  These trademarks, along with the trademark GILEAD, are sometimes referred to herein individually and/or collectively as the “Complainant’s Marks.”

 

Each of the Complaint’s Marks is currently in use by the Complainant in connection with the development, manufacture and sale of therapeutic drugs. 

 

The Disputed Domain Names are confusingly similar to the corresponding Complainant’s Marks.  Each Disputed Domain Name is identical to the corresponding Complaint’s Marks with the exception of the addition of “xyz,” which is insufficient to create a meaningful distinction. 

 

The Respondent has no rights or legitimate interest in the Disputed Domain Names.  The Respondent is not associated or affiliated with the Complainant.  The Respondent has not been granted rights to use any of the Complainant’s Marks.  The Respondent is not commonly known by the Complainant’s Marks.

 

The Disputed Domain Names <gilead.xyz>, <harvoni.xyz>, and <sovalidi.xyz> were registered and are being used in bad faith.  These Disputed Domain Names each resolves to websites that is identical to the Complainant’s website, and as such are being used to intentionally attract, for commercial gain, Internet users to the Respondent’s website by creating a likelihood of confusion with the Complainant’s marks as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website.   

 

No evidence is provided by the Complainant that the Disputed Domain Names <tybost.xyz>, <vitekta.xyz>, and <zydelig.xyz> are currently being used by the Respondent.  The Complainant provides “screen shots” of the “website” to which each of these three Disputed Domain Names resolves and each is identical: “Network Error (DNS_Server_Failure).”  However, it is clear that if these Disputed Domain Names were ever to be used by the Respondent, they would be used in the same way as the above noted Disputed Domain Names are being used.  Further, it is not reasonable to expect that the Respondent would use these three domain names in any way that would not be bad faith under the Policy. 

 

DETERMINATION

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 names be SUSPENDED for the duration of the registration:

1.    <gilead.xyz>,

2.    <harvoni.xyz>,

3.    <sovaldi.xyz>,

4.    <tybost.xyz>,

5.    <vitekta.xyz>, and

6.    <zydelig.xyz>.

 

 

Kendall C. Reed, Examiner

Dated:  December 29, 2015