{
    "case_number": "CAC-UDRP-101887",
    "time_of_filling": "2018-02-15 10:02:20",
    "domain_names": [
        "boehringer-lngeiheim.com"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM PHARMA GMBH & CO.KG"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Xing Zhang"
    ],
    "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, 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\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.\r\n\r\nThe disputed domain name was registered on February 7, 2018 by the Respondent. The Complainant contends that the disputed domain name is confusingly similar to its trademarks BOHERINGER INGELHEIM®.\r\n\r\nThe disputed domain name is not used.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings between the parties to this dispute or relating to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademarks BOEHRINGER INGELHEIM® and its domain names associated. The disputed domain name constitutes a misspelled word of the Complainant’s registered trademark BOEHRINGER INGELHEIM®. \r\n\r\nThe Complainant contends that the inversion of the letter “L\" and the letter “I” 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\nThis is thus a clear case of \"typosquatting“, i.e. the disputed domain name contains an obvious misspelling of the Complainant’s trademarks. \r\n\r\nFinally, it 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”. \r\n\r\nThus, the disputed domain name is confusingly similar to the Complainant’s trademark.\r\n\r\n\r\nA Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such 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 Policy.\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 disputed domain name is not used and points to a parking website. The Complainant contends that it is not legitimate non-commercial or fair use of the disputed domain name.\r\n\r\nNon-use of a disputed domain name does not demonstrate rights or legitimate interests within the meaning of paragraph 4 (a) of the Policy. \r\n\r\n\r\nThe Complainant states that the disputed domain name <boehringer-lngeiheim.com> is confusingly similar to its trademark BOEHRINGER INGELHEIM ®. Indeed, the disputed domain name contains the Complainant’s trademarks.\r\n\r\nGiven the distinctiveness of the Complainant’s trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant’s trademarks.\r\n\r\nFurther, by registering the domain name <boehringer-lngeiheim.com> with the misspelling of the Trademark BOEHRINGER INGELHEIM, the Complainant can state that this misspelling was intentionally designed to be confusingly similar with the Complainant’s trademarks. \r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\n\r\n\r\nRESPONDENT: 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": "On February 12, 2018, the Registrar transmitted by e-mail to the Czech Arbitration Court (CAC) its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. CAC sent an e-mail communication to the Complainant on February 19, 2018, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on the same day.\r\n\r\nThe 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": [
        "Rodolfo Carlos Rivas Rea"
    ],
    "date_of_panel_decision": "2018-03-16 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 BOHERINGER INGELHEIM® international registration number 221544 since July 2, 1959.",
    "decision_domains": {
        "BOEHRINGER-LNGEIHEIM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}