I. The disputed domain name is confusingly similar to the Complainant's trademarks
The Panel finds that the disputed domain name "boehringeringelheimpetrates.com" is confusingly similar to the Complainant’s BOEHRINGER INGELHEIM trademarks.
The Complainant rightfully contends that the mere addition of the generic terms “PET RATES” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant’s trademark. This cannot prevent the association in the eyes of internet consumers.
II. The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name
The Panel notes that the Complainant has never granted the Respondent any right to use the BOEHRINGER INGELHEIM trademarks for the disputed domain name, nor is the Respondent affiliated to the Complainant in any form.
The Respondent has made no use of, or demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods or services, is not making a legitimate non-commercial or fair use of the disputed domain name, and is not commonly known under the disputed domain name.
The Panel notes that the Respondent’s name or contact details contain no reference to BOEHRINGER INGELHEIM or similar words or names. The disputed domain name is not used for any active website, but only for a parking page with commercial links. The Respondent has not by virtue of the content of the website, nor by its use of the disputed domain name shown that it will be used in connection with a bona fide offering of goods or services.
Therefore, the Panel finds that the Complainant has shown that the Respondent has not made legitimate use of the disputed domain name for a bona fide offering of goods or services.
In lack of any Response from the Respondent, or any other information indicating the contrary, the Panel concludes that the Respondent has no rights or legitimate interests in respect of the disputed domain name.
III. The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name was registered and is being used in bad faith
The long-standing use and reputation of the BOEHRINGER INGELHEIM trademarks of the Complainant indicate that the Respondent likely had knowledge of the Complainant's trademarks at the time of the registration of the disputed domain name.
Moreover, the failure of the Respondent to use the disputed domain name for bona fide offerings and hence to present a credible evidence-backed rationale for registering and using the disputed domain name, as well as the passive holding of the disputed domain name, all show that the Respondent has registered and used the disputed domain name in bad faith.
In lack of any Response from the Respondent, or any other information indicating the contrary, the Panel concludes that the Respondent has registered and used the disputed domain name in bad faith.
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