{
    "case_number": "CAC-UDRP-101008",
    "time_of_filling": "2015-06-17 15:25:03",
    "domain_names": [
        "boehringeringelheim.science"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "BOEHRINGER Ingelheim Pharma GmbH & Co. KG"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Recycle Node - Ky Jensen-Stewart"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nPrior UDRP panels have confirmed the identical character between the trademark BOEHRINGER INGELHEIM and domain names, such as:\r\nCAC N° 100923 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Republica LLC\r\nD2013-0116 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Whois Privacy Services Pty Ltd \/ Dzone Inc., Yeonju Hong\r\nD2012-0890 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Name Redacted\r\nD2012-0462 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Ren Hua\r\nD2006-1594 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Philana Dhimkana \r\n\r\nPrior UDRP panels have also held that the incorporation of a notorious mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use, such as:\r\nWIPO D2000-0003 Telstra Corporation Limited v. Nuclear Marshmallows\r\nWIPO D2000-0400 CBS Broadcasting, Inc. v. Dennis Toeppen\r\n",
    "other_legal_proceedings": "No other proceedings have been notified to the Panel.",
    "no_response_filed": "The Complainant relies on the above-mentioned trademarks certification evidence it has produced along with the notice effected under the ICANN Trademark Clearinghouse procedure and evidence of being the domain name holder for \"BOEHRINGERINGELHEIM\" under several other generic Top Level Domains. It also produced evidence of a cease-and-desist letter it sent three months after the Respondent’s registration of the disputed domain name in regard of which the Complainant stated that it had received no response.\r\n\r\nIt relies too upon no administratively compliant Response having been filed.\r\n\r\n\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trademark or service mark in which the complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii) of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).",
    "procedural_factors": "1.\tThe Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to issue a decision. \r\n\r\n2.\tThe Panel remarks that it is incumbent on a Complainant to refer, in a UDRP proceeding with respect to a relatively new TLD, to the contractual nexus that must always exist for an alternative dispute resolution provider to be seized with a particular case. In the present case, this nexus can be presumed by the Panel on the basis of the publicly available terms and conditions of the .SCIENCE registry. Being a presumption, it may hence be subject to review before a competent court.",
    "decision": "Accepted",
    "panelists": [
        "Kevin J. Madders"
    ],
    "date_of_panel_decision": "2015-07-26 00:00:00",
    "informal_english_translation": "Numerous trademarks under several Nice Classification categories are registered in favour of the Complainant in a range of jurisdictions. These marks include the name Boehringer Ingelheim in Classes 01, 02, 03, 04, 05, 06, 10, 16, 17, 19, 29, 30, 31, 35, 41, 42 and 44. The Complainant has furthermore offered proof of longstanding reputation associated with its brand and of being the holder of several domain name registrations of BOEHRINGER INGELHEIM in different forms under .com and other generic TLDs corresponding to its brand. \r\n\r\nThe rights identified relate in part to pharmaceutical products which have been marketed on the basis of the notoriety the Boehringer Ingelheim brand has won in the human and veterinary services pharmaceuticals sectors worldwide. But they also relate to numerous areas such as medical equipment and services, food supplements, publications and the production of teaching material. Nice Class 42 specifically covers scientific and technological services and research.",
    "decision_domains": {
        "BOEHRINGERINGELHEIM.SCIENCE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}