{ "case_number": "CAC-UDRP-101451", "time_of_filling": "2017-02-23 09:00:40", "domain_names": [ "boehrinqer.com" ], "case_administrator": "Aneta Jelenová (Case admin)", "complainant": [ "BOEHRINGER INGELHEIM INTERNATIONAL GMBH" ], "complainant_representative": "Nameshield (Laurent Becker)", "respondent": [ "Robert Meier" ], "respondent_representative": null, "factual_background": "THE FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT\r\n\r\nThe Complainant is a German family-owned pharmaceutical group of companies with roots going back to 1885, when it was founded by Albert Boehringer (1861-1939) in Ingelheim am Rhein. \r\n\r\nEver since, Boehringer has become a global research-driven pharmaceutical enterprise and has today about 140 affiliated companies world-wide with roughly 46,000 employees. The two main business areas of Boehringer are: Human Pharmaceuticals and Animal Health. In 2013 alone, net sales of the Boehringer group of companies amounted to about EUR 14.1 billion.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademarks BOEHRINGER® and its various domain names. The Complainant argues that:\r\n\r\nThe disputed domain name constitutes a misspelled word of the Complainant’s registered trademark BOEHRINGER®. \r\n\r\nThe replacement of the letter “g\" by the letter “q” in the word “BOEHRINGER”, and the use of the gTLD “.COM” is not sufficient to escape the finding that the domain name is confusingly similar to the Complainant’s trademarks and it does not change the overall impression of the designation as being connected to the trademark BOEHRINGER®.\r\n\r\nThis is thus a clear case of \"typosquatting“, i.e. the disputed domain name contains an obvious misspelling of the Complainant’s trademark. \r\n\r\nPrevious panels have found that the slight spelling variations does not prevent a disputed domain name from being confusing similar to the complainant’s trademark. Please see prior UDRP cases:\r\n-\tCAC Case n° 101233, ARCELORMITTAL v. Contact Privacy Inc. Customer 124632448 ();\r\n-\tWIPO Case No. D2016-1546 BOEHRINGER Ingelheim Pharma GmbH & Co. KG of Ingelheim v. Martin Hughes ();\r\n-\tWIPO Case No. D2015-0451 Clarins v. “-“, Unknown Registrant” \/ Registration Private, Domains By Proxy, LLC ();\r\n-\tWIPO Case No. D2011-1658 Alstom v. Telecom Tech Corp.\/Private Registration ().\r\n\r\nIt is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. Thus, the disputed domain name is confusingly similar to the Complainant’s trademark.\r\n\r\nThe Complainant further states that the Respondent does not have any rights or legitimate interest in the domain name(s) and provides the following resoning:\r\n\r\nThe use of privacy or proxy registration services, an inactive website, which is being passively held and not in active use.\r\n\r\nAccording to the WIPO case no. D2003-0455, “Croatia Airlines d.d. v. Modern Empire Internet Ltd.”, a Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such a prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the domain name. If the Respondent fails to do so, the Complainant is deemed to have satisfied paragraph 4(a) (ii) of the UDRP.\r\n\r\nIn this case, the Complainant states that the Respondent is not affiliated with him nor authorized by him in any way. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant's trademark, or apply for registration of the disputed domain name by the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe domain name is inactive. The Complainant contends that it is not legitimate non-commercial or fair use of the disputed domain name. Thus, the Complainant contends that the Respondent cannot be considered to either be making bona fide offering of goods and services or a noncommercial and fair use of the disputed domain name as there is no website associated with the disputed domain name.\r\n\r\nThe domain name(s) has been registered and is being used in bad faith as it is a registration of a well-known\/famous trade mark. There is use of privacy or proxy registration services concerning a misspelling respectively typosquatting. The website is inactive and no use is being made of the domain name. Any use would attract internet users for commercial gain by creating a likelihood of confusion with the Complainant.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark BOEHRINGER®. The domain name contains the Complainant's trademark.\r\n\r\nBy registering the domain name with the misspelling of the Trademark BOEHRINGER, the Complainant can state that this was intentionally designed to be confusingly similar with the Complainant’s trademarks. Previous UDRP Panels have seen such actions as evidence of bad faith. See for instance: \r\n-\tNAF case no. FA 877979, Microsoft Corp. v. Domain Registration Philippines: finding bad faith registration and use of the domain name as it merely misspelled the complainant’s MICROSOFT mark.\r\n\r\nGiven the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks. Additionally, the domain name points to an inactive webpage, making this an example of passive holding. Passive holding is not itself evidence of either good or bad faith, but must be interpreted in the context of all of the circumstances of the case (see Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003 among others).\r\n\r\nOn these grounds the Complainant concludes that bad faith registration within the meaning of paragraph 4(b) of the Policy is established in the present case for the following reasons: \r\n\r\n-\tthe Respondent’s choice of the term “boehrinqer” for the disputed domain name, a meaningless term very close to the Complainant’s well-known BOEHRINGER trademark, was not merely coincidental but was deliberate and in full knowledge of the Complainant’s trademark; \r\n\r\n-\tthe disputed domain name points to inactive webpage, that constitutes a lack good faith in respect of domain name; \r\n\r\n-\tthis is a clear case of typosquatting which presupposes registration in bad faith.", "other_legal_proceedings": "The Panel is unaware of other legal proceedings, pending or otherwise, which relate to the Disputed domain name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the Disputed 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 Disputed 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 Disputed domain name has been registered and is being used passively 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": [ "Udo PFLEGHAR" ], "date_of_panel_decision": "2017-04-07 00:00:00", "informal_english_translation": "The Complainant owns a large portfolio of trademarks including the wording “BOEHRINGER” in several countries, such as the BOHERINGER® international registration number 799761 since December 2nd 2002.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “Boehringer”, such as since January, 12th 2000.", "decision_domains": { "BOEHRINQER.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }