The Celgene Corporation vs. Portmedia Holdings Ltd Domain Name Dispute: Case No. D2018-2673

The domain name dispute case D2018-2673, adjudicated by the WIPO Arbitration and Mediation Center, involved Celgene Corporation, a major pharmaceutical company, as the complainant, and PRIVACYDOTLINK Customer 3639471/Domain Administrator, Portmedia Holdings Ltd as the respondent. The disputed domain name was “cellgene.com”, which Celgene argued was confusingly similar to its trademark “CELGENE”. Registered on March 16, 2003, by the respondent, the domain name was primarily used for a pay-per-click landing page.

Celgene, asserting its rights to the CELGENE trademark, claimed that the respondent had no legitimate interest in the domain name and had registered and used it in bad faith. The complainant sought to establish that the respondent’s actions were intended to exploit the similarity of the domain name to Celgene’s trademark for commercial gain.

However, the respondent contended that the domain name was chosen for its generic value, combining “cell” and “gene”, common terms in cell and gene therapy. The respondent also argued against the bad faith allegation, noting the long-term use of the domain for general advertising, unrelated to Celgene’s industry.

The WIPO Panel, after reviewing the evidence and arguments, concluded that the domain name was indeed confusingly similar to Celgene’s trademark. However, they found that Celgene failed to demonstrate that the respondent lacked legitimate interest in the domain name or that it was registered and used in bad faith. The Panel noted the respondent’s pattern of owning domain names with generic terms and the lack of evidence showing the respondent’s awareness of Celgene’s trademark at the time of registration.

Ultimately, the complaint was denied, and Celgene was found guilty of Reverse Domain Name Hijacking, meaning they had attempted to use the UDRP process in bad faith to deprive the domain name holder of their property. The decision was made on February 11, 2019, by a panel consisting of Adam Taylor, Joseph Simone, and The Hon Neil Brown Q.C.

For further details, you can refer to the complete decision on the WIPO website: WIPO Domain Name Decision: D2018-2673.

The domain name dispute case D2018-2673, adjudicated by the WIPO Arbitration and Mediation Center, involved Celgene Corporation, a major pharmaceutical company, as the complainant, and PRIVACYDOTLINK Customer 3639471/Domain Administrator, Portmedia Holdings Ltd as the respondent. The disputed domain name was “cellgene.com”, which Celgene argued was confusingly similar to its trademark “CELGENE”. Registered on March 16,…