Recently, MingDun helped our client Novo Nordisk knock out infringing domain names and in Hong Kong. Mingdun successfully prevented the infringer from illegally using Novo Nordisk's goodwill to deceive patients.
Our client Novo Nordisk is a world-leading biopharmaceutical company dedicated to human health for the benefit of patients and society with advanced biotechnology. Novo Nordisk's history dates to 1923, and for a hundred years, it has been committed to innovation and lead the field of diabetes. This tradition also gives Novo the experience and ability to help people overcome other serious chronic diseases, such as hemophilia, growth hormone disorders and obesity. Novo Nordisk has about 43,200 employees in 80 countries and regions and provides products and services to more than 170 countries and regions around the world.
Saxenda is an innovative drug, which is produced and developed by Novo Nordisk for weight management. As early as 2013, Novo Nordisk applied for the trademark “Saxenda” in Denmark, Argentina, Canada, Japan, South Korea, Hong Kong and other countries and regions respectively. In addition, Novo Nordisk also registered the domain name on August 19, 2013. Saxenda has been approved and registered by the Pharmacy and Poisons Board of Hong Kong on 28 February 2017.
The disputed domain names, registered in 2018 and 2023, are both used to advertise Saxenda. The websites contain detailed descriptions of the product, manuals, instructions, and medical information, as well as the sale of Saxenda. After inquiry, the registrant of the disputed domain does not have specific drug trading and sales qualifications, and has no commercial relationship with our client.
In accordance with the provisions of the “Domain Name Dispute Resolution Policy”, we have submitted applications for domain name dispute arbitration to the Hong Kong International Arbitration Center. In the applications, we respectively submitted evidence of the use of the trademark Saxenda worldwide, evidence that the product Saxenda was listed in Hong Kong and has a certain popularity, and evidence of the malicious use of the disputed domain name registrant. Finally, the Hong Kong International Arbitration Center awarded:
The main part of the disputed domain name is exactly the same as the trademark that our client has rights in Hong Kong and is easy to cause confusion;
The disputed domain name registrar does not have the right to use the domain name;
The use of the disputed domain name registrar is malicious.
Further, the Hong Kong International Arbitration Center decided to transfer the disputed domain name to our client.
At this point, our firm has once again successfully protected the the client's brand and the public's medical safety. Moreover, the case shows that MingDun has the ability to safeguard the rights of the client in Hong Kong. With its superior business environment, Hong Kong has attracted a large number of enterprises to invest and start businesses in Hong Kong. At the same time, a large number of offenders are also trying to take advantage of the unique advantages of Hong Kong and the goodwill of legitimate enterprises to deceive consumers and obtain illegal profits. This makes it particularly important for enterprises to have the ability to safeguard their rights in Hong Kong. MingDun will continue to strengthen our capacity of protecting rights in Hong Kong, helping enterprises effectively crack down on illegal activities of infringers and protect their legitimate rights and interests.