{
    "case_number": "CAC-UDRP-101219",
    "time_of_filling": "2016-06-06 13:33:48",
    "domain_names": [
        "BOEHRINGERPHARMA.XYZ"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM PHARMA GMBH & CO.KG"
    ],
    "complainant_representative": "Nameshield (Maxime Benoist)",
    "respondent": [
        "Cameron David Jackson"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a family-owned pharmaceutical group of companies with roots going back to 1885, when it was founded by Albert Boehringer (1861-1939) in the German city of Ingelheim am Rhein. Ever since, Boehringer has become a global pharmaceutical enterprise and has today about 140 affiliated companies world-wide with roughly 46,000 employees. In 2013 net sales of the Boehringer group amounted to about EUR 14.1 billion.\r\n\r\nThe Respondent registered the disputed domain name on March 31, 2016. \r\n\r\nThe Complainant sent a cease and desist letter to the Respondent on May 23, 2016. The same day, the Respondent answered to this letter by proposing the transfer of the disputed domain name first for 300 EUR and subsequently reduced this request to USD 200.\r\n\r\nThe Complainant rejected both proposals.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided between the same parties and relating to the disputed domain name. ",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n1. The Complainant contends that the disputed domain name is confusingly similar to its prior trademarks. \r\n\r\nIt consists of the trademark “BOEHRINGER” and the term “PHARMA” without any hyphen. The addition of the new gTLD “.XYZ” is not sufficient to escape the finding that the domain name is confusingly similar to the Complainant’s trademarks and does not change the overall impression of the designation as being connected to the Complainant's trademarks.\r\n\r\n2. Furthermore, the Complainant contends that Respondent has not legitimate interests in respect of the disputed domain name and is not related in any way with the Complainant. \r\n\r\nThe Complainant does not carry out any activity for, nor has any business with the Respondent. Neither licence nor authorization has been granted to the Respondent to make any use, or apply for registration of the disputed domain name by the Complainant. Moreover, the disputed domain name displays a Registrar parking page. \r\n\r\n3. Finally, the Complainant contends that the domain name has been registered and being used in bad faith. \r\n\r\nThe disputed domain name is confusingly similar to the term “BOEHRINGER” registered by the Complainant as trademarks, domain names and in the trademark clearinghouse. In addition, the Complainant ascertains that the Respondent is a ‘’domainer” known from previous UDRP-cases on other domain names containing third parties' trademarks. To that extent, the Complainant refers to six recent UDRP cases issued in 2016 respectively involving the Respondent. The Complainant further notes that the Respondent proposed to sell the disputed domain name to the Complainant for 300 EUR and subsequently for US$ 200 and therefore for valuable consideration in excess of the Respondent's documented out-of-pocket costs directly related to the disputed domain name. Furthermore, the disputed domain name displays a Registrar parking page (“passive holding”) since its registration. The Complainant finally notes that given the notoriety of its trademarks, it seems impossible for the Respondent to use the domain names in good faith. Indeed, prior UDRP Panels stated that passive holding, under the appropriate circumstances, falls within the concept of the domain name being used in bad faith, particularly where the domain name in question contains a well-known trademark. \r\n\r\nThe Complainant therefore requests the transfer of the disputed domain name.\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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).\r\n",
    "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": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Dr. Tobias Malte Müller"
    ],
    "date_of_panel_decision": "2016-07-14 00:00:00",
    "informal_english_translation": "The Complainant owns a portfolio of trademarks including the word “BOEHRINGER” in many countries, including international trademark \"BOEHRINGER\" number 799761 registered on December 2, 2002 and designating amongst others Australia. This trademark is also registered in the Trademark Clearinghouse since April 17, 2014.\r\n\r\nFurthermore, the Complainant is the owner of a numerous portfolio of domain names which incorporating the term “BOEHRINGER”.",
    "decision_domains": {
        "BOEHRINGERPHARMA.XYZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}