1. The Panel finds that the Disputed Domain Name <boehriniger-ingelheim.com> is confusingly similar to the Complainant’s trademarks. Many Panels have found that a disputed domain name is confusingly similar to a complainant’s trademark where the disputed domain name incorporates the complainant’s trademark in its entirety. This is the case in the case at issue where the Complainant’s registered trademark “BOEHRINGER INGELHEIM” is fully included in the Disputed Domain Name.
Finally, it is the view of this Panel that the addition of the element “i” between the letters “N” and “G” results to be an irrelevant minor variation and a common typographical error when typing the word element “BOEHRINGER”. This added element does not serve to distinguish the disputed domain name.
2. In the absence of any Response, or any other information from the Respondent indicating the contrary, the Panel further holds that the Complainant successfully presented its prima facie case and that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name <boehriniger-ingelheim.com>.
In particular, the Respondent is not affiliated with nor authorized by the Complainant in any way, and he is not related in any way to the Complainant’s business. In addition, the Respondent is not commonly known by the Disputed Domain Name.
Finally, the website to which the Disputed Domain Name resolved is a parking page displaying sponsored links. Such use can neither be considered as bona fide offering of goods or services nor a legitimate noncommercial or fair use of the Disputed Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
3. Finally, the Panel finds that the Disputed Domain Name has been registered and is being used in bad faith.
The Complainant has been established many decades ago and has a worldwide reputation as pharmaceutical company and its trademarks have existed for a long time. Therefore, it is the view of this Panel that the Respondent has intentionally registered the Disputed Domain Name which totally reproduces the Complainant’s trademark “BOEHRINGER INGELHEIM”. By the time the Disputed Domain Name was registered, it is unlikely that the Respondent did not have knowledge of the Complainant’s rights on its trademarks. The Complainant also proved that the Respondent was using the Disputed Domain Name to lead to a parking page displaying sponsored links. These facts, including the failure to submit a response also confirm that the Disputed Domain Name is used to intentionally attempt to attract, for commercial gain, Internet users to the Respondent's web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of the Respondent's web site or location, or of a product or service on the Respondent's web site or location.
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