{
    "case_number": "CAC-UDRP-101517",
    "time_of_filling": "2017-04-19 09:22:28",
    "domain_names": [
        "boehringeringelhein.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": null,
    "respondent": [
        "Raju  Khan"
    ],
    "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.  Ever 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 owns a large portfolio of trademarks including the wording “BOEHRINGER INGELHEIM” in several countries, such as the BOHERINGER INGELHEIM® international registration number 221544 since July 2, 1959. Furthermore, 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.\r\n\r\nThe disputed domain name <boehringeringelhein.com> was registered on April 7, 2017 by the Respondent identified as “Raju Khan”. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nThe Complainant’s contentions in the Complaint are summarized as follows:\r\n\r\ni) The disputed domain name <boehringeringelhein.com> is confusingly similar to the trademark “BOEHRINGER INGELHEIM” owned by the Complainant, which may cause confusion;\r\n\r\nii) The Respondent has no rights or legitimate interests in the disputed domain name; and\r\n\r\niii) The Respondent registered and used the disputed domain name in bad faith.\r\n",
    "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 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.\r\n\r\nThe Complaint was filed with the Czech Arbitration Court (\"CAC\") on April 11, 2017, seeking for a transfer of the disputed domain name. On April 11, 2017, the CAC sent an email to 1&1 Internet SE asking for the detailed data of the Registrant. The Registrar has not provided the verification requested, so the CAC reported this lack of cooperation to ICANN on April 19, 2017.\r\n\r\nThe CAC verified that the Complaint satisfied the formal requirements of the Policy, the Rules for Uniform Domain Name Dispute Resolution Policy (the \"Rules\"), and the CAC’s Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the \"Supplemental Rules\").\r\n\r\nThe proceedings commenced on April 28, 2017. In accordance with the Rules, the CAC formally notified the Respondent of the Complaint, setting a deadline of May 18, 2017 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts.\r\n\r\nHaving received no response from the Respondent, on May 19, 2017 the CAC transmitted to the parties a Notification of Respondent Default.\r\n\r\nOn May 26, 2017, the CAC appointed Ho Hyun Nahm, Esq., as the Sole Panelist in the administrative proceeding and with the consent for the appointment, impartiality and independence declared and confirmed by the Panellist, the CAC, in accordance with paragraph 7 of the Rules, organized the Panel of this case in a legitimate way. \r\n\r\nHaving reviewed the communications records, the Panel finds that the CAC has discharged its responsibility under Paragraph 2(a) of the Rules \"to employ reasonably available means calculated to achieve actual notice to Respondent\" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the CAC'S Supplemental Rules and any rules and principles of law that the Panel deems applicable.",
    "decision": "Accepted",
    "panelists": [
        "Mr. Ho-Hyun Nahm, Esq."
    ],
    "date_of_panel_decision": "2017-05-27 00:00:00",
    "informal_english_translation": "The Complainant is the owner, among others, of the following registrations for the trademarks:\r\n\r\n“BOEHRINGER INGELHEIM” registered with EUIPO (Reg. No. 2,493,195, May 20, 2003); and “BOEHRINGER INGELHEIM” registered with WIPO as international registration (Reg. No. 568,844, March 22, 1991).\r\n",
    "decision_domains": {
        "BOEHRINGERINGELHEIN.COM": "TRANSFERRED"
    }
}