1. The Panel finds that the disputed domain name <boehringeringelheimpetreabates.com> is confusingly similar to the Complainant’s trademarks. Many panels have found that a domain name is confusingly similar to a complainant’s trademark where the 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 misspelled version of the generic terms “pet rebates" (i.e. addition of “petreabates”) is not able to prevent the possibility of confusion amongst consumers. In fact, the trademark “BOEHRINGER INGELHEIM” is clearly recognizable within 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 <boehringeringelheimpetreabates.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.
In addition, it results from the undisputed evidence before the Panel that the disputed domain name Resolved to a parking website comprising pay-per-click links that compete with or capitalize on the Complainant’s trademark. UDRP panels have found that the use of a domain name to host a parked page comprising PPC links does not represent bona fide offering where such links compete with or capitalize on the reputation and goodwill of the complainant’s mark or otherwise mislead internet users (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”) at section 2.9 with further references).
This Panel shares this view. In particular, the Panel is satisfied that the registered trademark “BOEHRINGER INGELHEIM” is distinctive. Therefore, 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 comprising pay-per-click links some of which are clearly related to the pharmaceutical sector in which the Complainant operates. These facts 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.
In addition, this finding of bad faith registration and use is further supported by the further circumstances resulting from the case at hand, which are the following: (i) the Respondent’s failure to submit a response; (ii) the Respondent failure to provide any evidence of actual or contemplated good-faith use; (iii) the implausibility of any good faith use to which the disputed domain name may be put.
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