Healthcare Giant Novo Nordisk Loses its UDRP Challenge to

June 14th, 2010

Novo Nordisk is a giant in the Healthcare industry that has registered the FlexTouch trademark but before it could begin to use FlexTouch in conjunction with commercial purposes, Andrew Melcher of La Jolla, California, registered and began using it as a parking page supporting links to electronics and computers.

Novo Nordisk had registered the FlexTouch trademark with the commercial goal of advertising the FlexTouch product as an aid in pharmaceutical preparations for the treatment of diabetes.trademark law

On March 19, 2010 the lone panelist Brigitte Joppich writing for the WIPO Arbitration and Mediation Center  in the WIPO case of Novo Nordisk A/S v. Andrew Melcher, Case No. D2010-0095, rendered an Administrative Panel Decision. That full decision can be found here.

The Panel found that while complainant Novo Nordisk;

“Neither provided any evidence that it promoted its FLEXTOUCH product in any way nor listed any other circumstances supporting the assumption that the Respondent must have been aware of the Complainant and its rights in the term “flextouch” at the time of the registration of the disputed domain name.”

In contrast, the Panel looked favorably upon Andrew Melcher and noted that;

“The Respondent, in turn, provided evidence of substantial third parties’ use of the terms “flex touch” and “flexible touch” in connection with various products. As far as this Panel is aware, he has not been found to infringe the Policy in an earlier proceeding.”

If you are faced with a cybersquatting case under the UDRP or the ACPA, you should contact an internet attorney specializing in cybersquatting.  You may be entitled to recover your domain name through a cybersquatting case under the UDRP or the ACPA.

For more information and related articles; Healthcare company loses arbitration for domain name, Novo Nordisk Loses Domain Name Dispute