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After a legal dispute that lasted more than 20 years, the Brazilian pharmaceutical company Apsen Farmaceutica SA has finally succeeded in reclaiming its domain name, Apsen.com, which was registered in July 2003 and which, despite what
After a legal dispute that lasted more than 20 years, the Brazilian pharmaceutical company Apsen Farmaceutica SA has finally succeeded in reclaiming its domain name, Apsen.com, which was registered in July 2003 and which, despite what appears to be an error in the spelling of the word "Aspen," displays advertisements related to the company's trademarks in Brazil.
Apsen Farmaceutica SA cited its interest in its own Brazilian registered trademark, APSEN, which covers a variety of pharmaceutical products. Although the domain name holder did not respond during the dispute, the domain name will be compulsorily transferred to the Complainant pursuant to the Arbitration and Mediation Center's decision.
The case reflects a pattern in which holders who fail to respond to complaints may own misspellings of multiple well-known brands. The decision brings a victory for Apsen Farmaceutica SA in Brazil and highlights its unwavering defense of its trademark rights.
This victory not only highlights the determination of Brazilian companies in defending their intellectual property rights, but also provides a useful reference for domain name dispute resolution.
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