The disputed domain name < boehringer-ingelheim.soy > includes the trademark “Boehringer Ingleheim” in its entirety. The trademark is also registered in the Trademark clearinghouse since 17.04.2014.
The addition of the dash “–“ and the New GTLD “.SOY” is not sufficient to escape the finding that the domain name is identical or confusingly similar to the trademarks.
The Panel finds that the “BOEHRINGER INGELHEIM” mark is distinctive. The Complainant’s assertions that the Respondent is not commonly known by the disputed domain name and is not affiliated with nor authorised by the Complainant are sufficient to constitute a prima facie showing of absence of rights or legitimate interest in the disputed domain name on the part of the Respondent. The evidentiary burden therefore shifts to the Respondent to show by concrete evidence that it does have rights or legitimate interests in that name. The Respondent has made no attempt to do so. Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in the disputed domain name.
The Complainant sent a cease-and-desist letter to the Respondent by email in order to know the reasons of this registration but the Respondent has not replied.
It is highly unlikely that Respondent had no knowledge of Complainant’s company name and legal rights to the trademark BOEHRINGER INGELHEIM at the time of registration of the disputed domain names, considering its notorious status and success of the Complainant in the pharmaceutical field.
Therefore, given the reputation of the Complainant’s trademark as far as bad faith is concerned the Respondent should have been aware of the Complainant’s rights as it was obliged to determine whether its domain name registration infringes or violates someone else's rights under paragraph 2 of the Policy.
See notably:
WIPO case n°D2013-0116, Boehringer Ingelheim Pharma GmbH & Co. KG vs. Whois Privacy Services Pty Ltd / Dzone Inc., Yeonju Hong;
WIPO case n° D2012-0890 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Name Redacted
WIPO case n° D2012-0462 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Ren Hua
WIPO case n° D2006-1594 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Philana Dhimkana
WIPO Case No. D2000-0003 Telstra Corporation Limited v. Nuclear Marshmallows;
WIPO Case No. D2008-0028 Action S.A. v. Robert Gozdowski;
WIPO Case No. D2000-0400CBS Broadcasting, Inc. v. Dennis Toeppen,
|