{
    "case_number": "CAC-UDRP-102012",
    "time_of_filling": "2018-05-21 09:19:18",
    "domain_names": [
        "mobic.app"
    ],
    "case_administrator": "Sandra Lanczová (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM PHARMA GMBH & CO.KG"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "MobiCap"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a family-owned pharmaceutical group of companies founded by Albert Boehringer (1861-1939) in Ingelheim am Rhein, Germany and is a global research-driven pharmaceutical enterprise with over 50,000 employees. \r\n\r\nThe Complainant mainly focuses on three business areas, namely human pharmaceuticals, animal health and biopharmaceuticals. \r\n\r\nIn 2017 alone, net sales of The Complainant, including subsidiaries amounted to about EUR 18.1 billion.\r\n\r\n",
    "other_legal_proceedings": "This Panel is not aware of any other legal proceedings regarding the disputed domain name.",
    "no_response_filed": " No administratively compliant Response has been filed. \r\n",
    "rights": "The Complainant has, to the satisfaction of this Panel, shown the disputed domain name is identical or confusingly similar to the Complainant’s trademark within the meaning of paragraph 4(a)(i) of the Policy.",
    "no_rights_or_legitimate_interests": "The factors needed to be taken into account are, on the one hand, that the Respondent (1) does not have an active website, and (2) that no administratively compliant Response has been filed by the Respondent. However, these factors do not, in themselves, constitute a lack of legitimate interest, especially due to the short period of time from the registration of the disputed domain name and the filing of the Complaint.\r\n\r\nOn the other hand, the trademark MOBIC is a pharmaceutical trademark and, consequently, infringing use hereof e.g. counterfeited products caries significant dangers to public health, thereby making the appropriate period between the registration of the disputed domain names and the filing of the complaint shorter.\r\n\r\nAlso, it should be in the interest of the Respondent to quickly clarify any issues regarding the disputed domain name, should they be planning to use said domain in a none-infringing manor.\r\n\r\nIn conclusion, the Complainant has, to the satisfaction of this Panel, shown that the Respondent has no rights or legitimate interests in respect of the disputed domain name, within the meaning of paragraph 4(a)(ii) of the Policy.\r\n",
    "bad_faith": "Pursuant to the above, the Complainant has, to the satisfaction of this Panel, shown the disputed domain name has been registered in bad faith, within the meaning of paragraph 4(a)(iii) of the Policy.",
    "procedural_factors": "This Panel is satisfied that all procedural requirements under the Policy were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Lars Karnoe"
    ],
    "date_of_panel_decision": "2018-07-01 00:00:00",
    "informal_english_translation": "The Complainant is the proprietor of several registrations of the trademark “MOBIC”, including International Registration No. 563599 “MOBIC” <w>, registered on 28 November 1990, designating several European countries as well as Switzerland and China.\r\n\r\nFurthermore, the Complainant is the proprietor of the EUIPO trademark registration No. 2355998 “MOBIC” registered on 29 August 2001 and US trademark registration No. 75183276 “MOBIC”, registered on 17 October 1996.\r\n\r\nThe Complainant has also registered “MOBIC” with the TradeMark ClearingHouse on 15 April 2014.\r\n\r\nThe Respondent is the holder of the domain name <mobic.app>, registered on 8 May 2018, which has not been active since its registration.\r\n",
    "decision_domains": {
        "MOBIC.APP": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}