{ "case_number": "CAC-UDRP-101588", "time_of_filling": "2017-07-03 10:12:56", "domain_names": [ "boehrnger-ingelheim.com" ], "case_administrator": "Aneta Jelenová (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "Nameshield (Maxime Benoist)", "respondent": [ "Cimpress Schweiz GmbH" ], "respondent_representative": null, "factual_background": "Complainant states the following:\r\n\r\n\"The 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 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 2nd 1959, and also the trademark BOEHRINGER INGELHEIM number 568844 covering Switzerland registered on 1991-03-22 (annex 2)\r\n\r\nThe disputed domain name was registered on June 26, 2017, by the Respondent identified as the Company “Cimpress Schweiz GmbH”.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its trademarks BOEHRINGER INGELHEIM®.\"\r\n\r\nComplainant has provided, inter alia, the following legal grounds:\r\n\r\nWith respect to 4(a)(i): \"The Complainant states that the disputed domain name is confusingly similar to its trademarks BOEHRINGER INGELHEIM® and its domain names associated.\r\n\r\nIndeed, the disputed domain name constitutes a misspelled word of the Complainant’s registered trademark BOEHRINGER INGELHEIM®.\r\n\r\nThe Complainant contends the deletion of the letter “I” between the letters 'R' and 'N' 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 INGELHEIM®.\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\nWith respect to paragraph 4(a)(ii): \"The Respondent is identified as Company 'Cimpress Schweiz GmbH'.\r\n\r\nThe 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 disputed domain name is not linked with an active website, because it displays a Vistaprint’s webpage with the sentence: “Sorry, we couldn’t find that page”, and also a redirection to the website of Vistaprint via the button “go to dashboard”.\r\n\r\nIt demonstrates a lack of legitimate interests in respect of the domain name because it is not used....\r\n\r\nFinally, given the distinctiveness and reputation of the BOEHRINGER INGELHEIM’s trademark, the Complainant contends that the Respondent “must have had the Complainant’s mark in mind when registering the Domain Name”.\"\r\n\r\nWith respect to paragraph 4(a)(iii): \"[B]y registering the domain name with the misspelling of the Trademark BOEHRINGER INGELHEIM, the Complainant can state that this practical was intentionally designed to be confusingly similar with the Complainant’s trademarks....\r\n\r\n[G]iven 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....\r\n\r\n[T]he disputed domain name is not linked with an active website, because it displays a Vistaprint’s webpage with the sentence: 'Sorry, we couldn’t find that page', and also a redirection to the website of Vistaprint via the button 'go to dashboard'.\r\n\r\nAs prior UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with a website which is not used, may be evidence of bad faith registration and use....\r\n\r\nTherefore, the Respondent has registered and is using the domain name at issue in order to create a likelihood of confusion and intentionally divert traffic away from the Complainant’s official 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 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.", "decision": "Accepted", "panelists": [ "Douglas M. Isenberg" ], "date_of_panel_decision": "2017-08-11 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, and also the trademark BOEHRINGER INGELHEIM number 568844 covering Switzerland registered on March 22, 1991.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “Boehringer Ingelheim”, such as since September 1, 1995, and since July 4, 2004.", "decision_domains": { "BOEHRNGER-INGELHEIM.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }