{
    "case_number": "CAC-UDRP-101730",
    "time_of_filling": "2017-10-13 09:59:04",
    "domain_names": [
        "BOEHRINGER-INGEHEIM.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": "The Complainant asserts and provides evidentiary documentation of the following facts, which are 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, the Complainant has become a global research-driven pharmaceutical enterprise and has today about 140 affiliated companies worldwide 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 Complainant group of companies amounted to about EUR 14.1 billion.\r\n\r\nThe disputed domain name <boehringer-ingeheim.com> was registered on September 25, 2017 by the Respondent identified as the company “Cimpress Schweiz GmbH”. \r\nSuch company was already Respondent in the domain name disputes before the CAC, concerning typosquatting cases:\r\n- CAC case no. 101623, Boehringer Ingelheim Pharma GmbH & Co.KG v. Cimpress Schweiz GmbH (“baehringer-ingelheim.com”);\r\n- CAC case no. 101588 Boehringer Ingelheim Pharma GmbH & Co.KG v. Cimpress Schweiz GmbH (“boehrnger-ingelheim.com”).  \r\n\r\nThe disputed domain name displays a parking page with the information “sorry, we couldn’t find that page”.\r\n\r\nThe Complainant has sent a cease and desist letter to the Respondent to which it has not replied.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the disputed domain name.",
    "no_response_filed": "The Complainant contends that the disputed domain name is confusingly similar to its well-known trademark, because it constitutes an obvious misspelling of the Complainant's trademark. It also states that the deletion of the letter “L\" in the word \"INGELHEIM\", and the use of a hyphen and the gTLD “.COM” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant’s trademark and it does not change the overall impression of the designation as being connected to such trademark.\r\n\r\nThe Complainant affirms that the Respondent:\r\n- is not affiliated with nor authorized by the Complainant in any way;\r\n- has not been granted with any license or authorization to use the Complainant's trademark or to register the disputed domain name; \r\n- has no business with the Complainant and this latter does not carry out any activity for the Respondent.\r\n\r\nThus, the Complainant contends that the Respondent has no rights or legitimate interest on the disputed domain name, and has registered and used the domain name only in order to create a likelihood of confusion with the Complainant’s trademarks.\r\n\r\nAccording to the Complainant the Respondent has registered and used the disputed domain name in bad faith, because:\r\n- the disputed domain name is confusingly similar to the well-known trademark of the Complainant, because it is constituted of a misspelled version of the Complainant's trademark; hence, the Complainant retains that this is a clear case of typosquatting;\r\n- the disputed domain name points to a parking page;\r\n- the Respondent has not answered to the cease and desist letter;\r\n- by creating a likelihood of confusion the Respondent attempted to take advantage of the reputation of the Complainant.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain names.\r\n\r\nNo 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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2017-11-28 00:00:00",
    "informal_english_translation": "The Complainant relies on its company name and has demonstrated to be owner of the international trademark \"BOEHRINGER-INGELHEIM\" no. 221544, registered on July 2, 1959 in the classes (Nice classification) 1, 2, 3, 5, 29 and 30 valid in several countries worldwide, amongst which the country where the Respondent is located according to the Whois data (Switzerland).  ",
    "decision_domains": {
        "BOEHRINGER-INGEHEIM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}