Johnson & Johnson ,the global American pharmaceutical, medical devices and consumer packaged goods manufacturer submitted a complaint to the National Arbitration Forum,requesting the domain name nizoralshampoo.com to be transferred from the respondent to the complainant .
The disputed domain name, nizoralshampoo.com,was registered by Jorgenson Group of Companies,which is also the respondent in this case .
Johnson & Johnson is known all over the world for its products.
The complainant has a registered trademark for « Nizoral » word,registered with the United States Patent and Trademark Office.
So,it is more than obvious that the disputed domain name is confusingly similar to Johnson & Johnson ‘s mark.
Moreover,it seems that the respondent,who failed to submit a response in this proceeding,has registered and used the domain name in bad faith.
« Complainant contends that Respondent has used the <nizoralshampoo.com> domain name, registered on October 5, 2001, to divert confused Internet customers from Complainant’s website to Respondent’s website that resolves from the disputed domain name. Complainant also contends that Respondent intentionally disrupts Complainant’s business by marketing and selling Complainant’s own products to these diverted Internet users. »
The complainant also added : »that Respondent gains commercially from the diversion of Internet users, as Respondent is using the disputed domain name to profit from the sale of Complainant’s products to those Internet users. »
For all the foregoing reasons ,the Panel decided the domain name nizoralshampoo.com to be transferred from the respondent to the complainant .