Pfizer Inc v Pfizer-Viagra [2006] DRS 3244 (14 February 2006)

Pfizer Inc v Pfizer-Viagra [2006] DRS 3244 (14 February 2006)

Complainant established rights in 'Pfizer', 'Viagra', and 'Pfizer Viagra' marks, which are identical or similar to the domain name. The domain name was used to create confusion and sell counterfeit goods, taking unfair advantage of complainant's rights and disrupting its business. In absence of respondent's reply,...

Source-derived case information.

Citation
[2006] DRS 3244
Parties
Complainant: Pfizer Inc; Respondent: pfizer-viagra
Jurisdiction
United Kingdom
Judgment Date
14 February 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Trademark Infringement, Domain Name Abuse, Passing Off
Intellectual Property Internet Law Trademark Infringement Domain Name Abuse Passing Off

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Parties

Pfizer Inc

Complainant

pfizer-viagra

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in respect of a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration

Ratio Decidendi

Complainant established rights in 'Pfizer', 'Viagra', and 'Pfizer Viagra' marks, which are identical or similar to the domain name. The domain name was used to create confusion and sell counterfeit goods, taking unfair advantage of complainant's rights and disrupting its business. In absence of respondent's reply, the prima facie case of abusive registration stands.

Court Disposition

Complaint upheld

Orders

  • Domain name pfizer-viagra.co.uk to be transferred to the complainant