{
    "case_number": "CAC-UDRP-101519",
    "time_of_filling": "2017-04-24 09:12:49",
    "domain_names": [
        "boehringer-ingeliheim.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": null,
    "respondent": [
        "Abdulrauf Eljbour"
    ],
    "respondent_representative": null,
    "factual_background": "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, the Complainant 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 the Complainant 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 owns several trademarks consisting in the wording BOEHRINGER INGELHEIM in several countries. \u2028\u2028\r\n\r\nThe Disputed domain name <boehringer-ingeliheim.com> was registered on April 18, 2017 by the Respondent identified as “Abdulrauf Eljbour”. \r\n\r\nThe Complainant contends that the Disputed domain name is confusingly similar to its trademarks BOEHRINGER INGELHEIM since the addition of the letter “I” between the letters “L” and “H” in the word INGELHEIM, and the use of the gTLD “.COM” is not sufficient to escape the finding that the disputed 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 INGELHEIM. \r\n\r\nThe Complainant contends further that the Respondent does not have any rights or legitimate interest in the Disputed domain name 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 Disputed domain name is not linked with an active website, which in the eye of the Complainant demonstrates a lack of legitimate interests in respect of the Disputed domain name because it is not used.\r\n\r\nThe Complainant furthermore contends that the Disputed domain name has been registered and is being used in bad faith, because the Disputed domain name was intentionally designed by the Respondent to be confusingly similar with the Complainant’s trademarks by adding only the letter \"i\". Especially considering the distinctiveness of the Complainant's trademark and reputation. \r\n\r\nFurthermore, the Complainant contends that the Disputed domain name is not linked with an active website, which other WIPO UDRP panels have held to be evidence of bad faith registration and use, when the incorporation of a famous mark into a domain name is coupled with a website which is not being used. The Respondent has therefore registered and is using the Disputed domain name at issue in order to create a likelihood of confusion and intentionally divert traffic away from the Complainant’s website.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and 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 UDRP 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 UDRP Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of UDRP 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": [
        "Jan Christian Schnedler, LL.M."
    ],
    "date_of_panel_decision": "2017-05-23 00:00:00",
    "informal_english_translation": "The Complainant owns a large portfolio of trademarks including the wording “BOEHRINGER INGELHEIM” in several countries, such as the BOEHRINGER-INGELHEIM international registration number 221544 since July 2, 1959.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “Boehringer Ingelheim”, such as <boehringer-ingelheim.com> since September 1, 1995 and <boehringeringelheim.com> since July 4, 2004. ",
    "decision_domains": {
        "BOEHRINGER-INGELIHEIM.COM": "TRANSFERRED"
    }
}