{ "case_number": "CAC-UDRP-102931", "time_of_filling": "2020-02-21 08:53:05", "domain_names": [ "boehringeringelheipetrebates.com", "boehringeringelhimpetrebates.com", "boehringeringleheimpetrebates.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Zhichao Yang" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DISPUTED DOMAIN NAMES ARE IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant claims that it is a 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 INGELHEIM has become a global research-driven pharmaceutical enterprise and has today about roughly 50,000 employees. The three business areas of BOEHRINGER INGELHEIM are human pharmaceuticals, animal health and biopharmaceuticals. In 2018, net sales of the BOEHRINGER INGELHEIM group amounted to about EUR 17.5 billion.\r\n\r\nThe Complainant owns a large portfolio of trademarks including the terms “BOEHRINGER” and “INGELHEIM” in several countries, including the trademarks mentioned above.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “BOEHRINGER INGELHEIM”, such as since September 1, 1995 and registered since July 4, 2004.\r\n\r\nThe disputed domain names have been registered on February 16, 2020 and redirect to a parking page with commercial links.\r\n\r\nThe Complainant states that the disputed domain names are confusingly similar to its trademark since the disputed domain names include the mark in its entirety, merely misspelling it by changing or removing a single letter, and adds the “.com” gTLD. The substitution, deletion or addition of letters in the disputed domain name consisting of misspellings of trademarks is not sufficient to avoid the likelihood of confusion with the Complainant.\r\n\r\nThe addition of the generic terms “PET REBATES” worsens the likelihood of confusion, as it directly refers to the Complainant’s website www.boehringeringelheimpetrebates.com\/.\r\n\r\nThe Complainant contends that the addition of the generic Top-Level Domain suffix “.COM” does not change the overall impression of the designations as being connected to the trademark. The Complainant refers to a similar CAC case No. 102854. \r\n\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAMES\r\n\r\nThe Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain names, not affiliated with nor authorized by the Complainant in any way and does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademarks, or apply for registration of the disputed domain names by the Complainant.\r\n\r\nThe Complainant adds that the disputed domain names redirect to a parking page with commercial links and past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\n\r\nTHE DISPUTED DOMAIN NAMES WERE REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nThe Complainant’s trademarks BOEHRINGER-INGELHEIM are distinctive and well-known and past Panels have confirmed the notoriety of the Complainant’s trademarks. \r\n\r\nThe Complainant contends that the Respondent choose to register the disputed domain names to create a confusion with the domain name , used by the Complainant to offer rebates on pet health products and given the distinctiveness of the Complainant's trademarks and its reputation, it is reasonable to infer that the Respondent has registered and used the disputed domain names with full knowledge of the Complainant's trademark.\r\n\r\nThe disputed domain names redirect to a parking page with commercial links. The Complainant contends the Respondent has attempt to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith.\r\n\r\nThe Complainant also claims that the Respondent is known in a pattern of bad faith domain names registration and use that is confirmed by previous UDRP panels.\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 names.\r\n", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [ "Igor Motsnyi" ], "date_of_panel_decision": "2020-03-24 00:00:00", "informal_english_translation": "In this proceeding, the Complainant states that it is the owner of “a large portfolio of trademarks including the terms ‘BOEHRINGER’ and ‘INGELHEIM’ in several countries”, and specifically refers to the international trademarks BOEHRINGER-INGELHEIM No. 221544 registered since July 2, 1959 and BOEHRINGER INGELHEIM No. 568844 registered since March 22, 1991.\r\n", "decision_domains": { "BOEHRINGERINGELHEIPETREBATES.COM": "TRANSFERRED", "BOEHRINGERIGELHEIMPETREBATES.COM": "TRANSFERRED", "BOEHRINGERINGELHIMPETREBATES.COM": "TRANSFERRED", "BOEHRINGERINGLEHEIMPETREBATES.COM": "TRANSFERRED", "BOEHRINGERINGELHEIMPETREBATS.COM": "TRANSFERRED", "BOEHRINGERINGELHIEMPETREBATES.COM": "TRANSFERRED", "BOEHRINGERLNGELHEIMPETREBATES.COM": "TRANSFERRED", "BOEHRINGERPETREBATES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }