A cybersquatter in two recent decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) registered domain names that contain the trademark “Vuity” and created websites offering to sell a new prescription eye drop that can replace reading glasses — without a prescription.
I discuss both of these cases in a new video.
“Vuity” is the brand name of a prescription eye drop that was just approved by the U.S. Food and Drug Administration (FDA), to treat presbyopia, the condition that causes close-range vision problems for me — and for 128 million Americans who suffer from age-related deficits in near vision.
Both of the disputed domain names — <vuityeyedrops.net> and <vuityeyedrops.org> — were registered by the same registrant in December 2021, within days of widespread media attention about the new drug. As a result, the manufacturer, Allergan, quickly filed two separate UDRP complaints for the domain names at the Forum.
As I show in my video, I visited the websites for both of the disputed domain names shortly after the UDRP decisions were published in January 2022. The websites resembled the official Allergan website, using the Vuity trademark and logo and even employing similar colors and photos.
In both UDRP decisions, the panelists ordered the domain names transferred to Allergan. In the <vuityeyedrops.net> case, the panelist wrote:
The resolving website displays Complainant’s mark and logo and purports to offer for sale unauthorized or counterfeit versions of Complainant’s products: Complainant’s products are offered for sale without a prescription, even though a prescription is required for a consumer to obtain Complainant’s legitimate VUITY product. Under Policy ¶¶ 4(c)(i) and (iii), using a disputed domain name to pass off as Complainant and offering either Complainant’s products without authorization or counterfeit products is generally not considered a bona fide offering of goods or services, nor any legitimate noncommercial or [fair] use.
Clearly, the panelists reached the right result, allowing Allergan to protect both its customers as well as its brand – exactly what the UDRP was designed to do for trademark owners.
