The Complainant established its case and the Panelist
transferred the domain name to the Complainant.
The Complainant and the Registrant had previously entered
into a distribution agreement for the commercialization of a contraceptive
product, NORLEVO. The agreement provided that upon its termination, the
Registrant would cease all use of the NORLEVO trade-mark. The Registrant
registered the Domain Name in 2006 and the agreement terminated in 2011. The
Panelist held that the Domain Name was confusingly similar because it was
comprised exclusively of the Complainant’s trade-mark “Norlevo”. In terms of bad faith, the Panelist referred to the
agreement holding that the domain name should have been transferred to the
Complainant upon its termination. Terminated licensee should not be permitted
to leverage a licensor’s intellectual property with a view of extracting some
sort of benefit. This cannot possibly be seen as a bona fide or good faith
dealing with a domain name.'
You can read the decision here.
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