{
    "case_number": "CAC-ADREU-005580",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant is a large pharmaceutical corporation which has used the trade mark 40over40 in the UK continually since 23 June 2008 in the field of erectile dysfunction. It also owns a registered trade mark for CIALIS.\r\n\r\nThe Respondent registered the DIsputed Domain Name on 2 September 2009 and is using it in relation to a web site concerning erectile dysfunction which links to an online pharmacy selling \"generic CIALIS\" which is not of  the Complainant's manufacture.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "The Disputed Domain Name is identical to a name in which the Complainant has unregistered trade mark rights in UK law.\r\n\r\nThe Respondent has not responded and not given any reason why it is entitled to use the Complainant's 40over40 mark for erectile dysfunction related goods and services. He does not appear to be commonly known by this name, have any permission from the Complainant to use the name or \r\nbe using it for a non commercial or fair use. The Respondent does not have any rights or legitimate interests in the Disputed Domain Name. \r\n\r\nThe Respondent has used the Disputed Domain Name for the same goods and services as the Complainant and has used them on a site with get up similar to the distinctive get up of the Complainant. He has also tried to sell or lease the Disputed Domain Name to the Complainant. As such the Disputed Domain Name has been intentionally used to attract Internet users for commercial gain to a web site in circumstances likely to cause confusion as to the source, sponsorship, affiliation or endorsement of the web site. As such there is no reason for the Panel to decide if the domain name was registered primarily for the purpose of selling to the Complainant The Respondent has registered and used the Disputed Domain Name in bad faith.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name 40OVER40 be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2010-03-04 00:00:00",
    "informal_english_translation": "The Disputed Domain Name is identical to a name in which the Complainant has unregistered trade mark rights in UK law.\r\n\r\nThe Respondent does not have any rights or legitimate interests in the Disputed Domain Name. \r\n\r\nThe Respondent has used the Disputed Domain Name in circustances likely to cause confusion as to the origin of his web site and goods and has registered and used the Disputed Domain Name in bad faith.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}