{
    "case_number": "CAC-UDRP-101907",
    "time_of_filling": "2018-03-02 09:25:52",
    "domain_names": [
        "boerhinger-ingelheim.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM PHARMA GMBH & CO.KG"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "ICS INC."
    ],
    "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 its origins dating back to 1885, when it was founded by Albert Boehringer (1861-1939) in Ingelheim am Rhein. \r\n\r\nSince then, Boehringer has become a global research-driven pharmaceutical enterprise and today has about 140 affiliated companies worldwide 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 disputed domain name was registered on November 22, 2005 by the Respondent. \r\n\r\n",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that :\r\n\r\n1. The disputed domain name is confusingly similar to the Complainant's trademarks\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademarks BOHERINGER INGELHEIM and its associated domain names.\r\n\r\nIn support of this claim, the Complainant refers to prior UDRP cases: CAC Case no, 101807 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Pamela Romito < BOEHRJNGER-INGELHEIM.COM>; and CAC Case no. 101730 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Cimpress Schweiz GmbH <BOEHRINGER-INGEHEIM.COM>. \r\n\r\nThe Complainant further affirms that the present case represents a clear case of typosquatting, owing to the fact that the disputed domain name contains an obvious misspelling of the Complainant’s trademark.\r\n\r\n2. The Respondent does not have any rights or legitimate interest in the disputed domain name\r\n\r\nThe Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent.  \r\n\r\n3. The domain name has been registered and is being used in bad faith\r\n\r\nThe Complainant contends that owing to 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 foreknowledge of the Complainant's trademarks. To this end the Complainant refers to WIPO Case no. D2014-0306 Boehringer Ingelheim Pharma GmbH & Co. KG vs. Klinik Sari Padma, BAKTI HUSADA: “Panel finds it is highly unlikely that Respondent had no knowledge of Complainant’s company name and legal rights to the trademark BOEHRINGER INGELHEIM […], considering its notorious status and success in the pharmaceutical field.” \r\n\r\nThe Complainant further states that, by registering the disputed domain name with the misspelling of the trademark BOEHRINGER INGELHEIM, the Respondent was intentionally choosing a domain name that is confusingly similar to the Complainant’s trademarks.\r\n\r\nRESPONDENT:\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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2018-04-05 00:00:00",
    "informal_english_translation": "The Complainant owns a large portfolio of trademarks including the wording “BOEHRINGER INGELHEIM” in several countries, such as:\r\n\r\n\"BOHERINGER INGELHEIM\", international registration number 221544, which it has held since July 2, 1959.\r\n\r\n“Boehringer Ingelheim”, EUTM registration number 000084657, registered on June 2, 1998.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting of the wording “Boehringer Ingelheim”, such as <boehringer-ingelheim.com> since September 1, 1995 and <boehringeringelheim.com> since July 4, 2004.\r\n",
    "decision_domains": {
        "BOERHINGER-INGELHEIM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}