{
    "case_number": "CAC-UDRP-102891",
    "time_of_filling": "2020-02-04 09:16:23",
    "domain_names": [
        "boehrinsger-ingelheim.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Susan Farwell"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a global leading pharmaceutical company, founded by Albert Boehringer (1861-1939) in Ingelheim am Rhein (Germany). The core businesses of the Complainant are human pharmaceuticals, animal health and biopharmaceuticals. The Complainant has 50,000 employees worldwide and its net sales in 2018 amounted to about Euros 17.5 billion.\r\n\r\nThe disputed domain name was registered with privacy registration service on 29 January 2019. Upon receipt of the Complaint, the registrar disclosed the underlying registration data, identifying as registrant Susan Farwell, an individual residing in the US.\r\n\r\nThe disputed domain name resolves to a parking page with commercial links.\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that the disputed domain name constitutes a misspelled version of the Complainant’s trademark. Neither the addition of the letter “S” in the Complainant's trademark nor the use of the TLD “.COM” are sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant’s mark or change the overall impression of the designation as being connected to such mark.\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant affirms that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent. 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.\r\n\r\nThe Complainant finally contends that the registration of disputed domain name with an intentional misspelling of the Complainant's well-known trademark and, thus, the constructive knowledge on behalf of the Respondent of the Complainant’s potential rights, as well as the use of the disputed domain name resolving to a parking page with commercial links, clearly shows the Respondent’s bad faith both in the registration and in the use of the disputed domain name.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name.\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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2020-02-28 00:00:00",
    "informal_english_translation": "The Complainant is owner of the International trademark BOEHRINGER-INGELHEIM No. 221544, registered on 2 July 1959 in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30, 32, and US trademarks BOEHRINGER-INGELHEIM No. 0641166, registered on 5 February 1957 in class 5, and BOEHRINGER INGELHEIM No. 2096336, registered on 16 September 1997 in class 5. All such marks have been duly renewed.\r\n\r\nThe Complainant is also owner of the domain name <boehringer-ingelheim.com> registered since 1 September 1995.",
    "decision_domains": {
        "BOEHRINSGER-INGELHEIM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}