{
    "case_number": "CAC-UDRP-102405",
    "time_of_filling": "2019-03-29 11:57:12",
    "domain_names": [
        "jardiance.app"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Boehringer Ingelheim International GmbH"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "smartpatient gmbh "
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Boehringer Ingelheim International GmbH,is a German family-owned pharmaceutical group of companies that was founded in 1885 by Albert Boehringer in Ingelheim am Rhein. It has grown into a global research-driven pharmaceutical enterprise with roughly 50,000 employees. The three business areas of the Complainant are human pharmaceuticals, animal health, and biopharmaceuticals. In 2017 alone, net sales of the BOEHRINGER group of companies amounted to about EUR 18.1 billion. \r\n\r\nJARDIANCE (Empagliflozin) is a prescription medicine used along with diet and exercise to lower blood sugar in adults with type 2 diabetes, and also to reduce the risk of cardiovascular death in adults with type 2 diabetes who have known cardiovascular disease.\r\n\r\nThe disputed domain name was registered on March 7, 2019, and presently resolves to an empty inactive page.  \r\n \r\nThe Respondent filed a Response on April 2, 2019.\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\nComplainant argues that the disputed domain name is identical to the JARDIANCE mark because it contains its entire mark and that the registration of the trademark predates the registration of the disputed domain name.\r\n\r\nComplainant also argues that Respondent does not have rights or legitimate interests in the disputed domain name. Respondent is not commonly known as the domain name or in possession of licensing rights.\r\n\r\nComplainant further argues that the disputed domain name was registered and is being used in bad faith. Complainant argues that Respondent possessed actual notice and knowledge of its JARDIANCE mark due to its fame and Respondent had acted in bad faith by registering the disputed domain name and using it in bad faith. Complainant also argues that by failing to demonstrate any activity in respect of the disputed domain name, it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would be legitimate. Complainant also argues that the Respondent is attempting to disrupt the Complainant’s business. \r\n\r\n\r\nRESPONDENT:\r\nThe Respondent argues that the JARDIANCE mark is registered under class 5 for \"pharmaceutical preparations“ that is unrelated to its software business. \r\n\r\nRespondent contends that its intention of using the disputed domain name was to redirect app users who consume medication, such as JARDIANCE, to its website. \r\n\r\nRespondent also contends that the Complainant had locked the disputed domain less than a month after its registration and the Respondent, therefore, could not use the disputed domain or redirect it to its intended website.  \r\n\r\nThe Respondent also argues that it is in the business of making websites and software and never intended to infringe upon the Complainant’s intellectual property rights as it was under the impression that the JARDIANCE trademark applied in the field of medication, not websites and apps.\r\n",
    "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": [
        "Mr. Jonathan Agmon"
    ],
    "date_of_panel_decision": "2019-05-06 00:00:00",
    "informal_english_translation": "Complainant is the owner of the international trademark “JARDIANCE” (Reg No. 981336 registered in Germany on September 3, 2008), designating countries including Australia, Japan, Korea, and the United States. \r\n\r\nThe Complainant also owns various domain names including <jardiance.com>, registered on April 30, 2008.  \r\n",
    "decision_domains": {
        "JARDIANCE.APP": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}