{
    "case_number": "CAC-UDRP-102940",
    "time_of_filling": "2020-02-25 14:29:27",
    "domain_names": [
        "boehringerlngelheimequinerebates.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Fundacion Comercio Electronico"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe disputed domain name has been registered on February 18, 2020 and redirects to a parking page with commercial links.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark BOEHRINGER-INGELHEIM.\r\n\r\nThe disputed domain name includes the trademark BOEHRINGER-INGELHEIM 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\nMoreover, a misspelling variant to the trademark BOEHRINGER-INGELHEIM in the view of Complainant worsens the likelihood of confusion, as it directly refers to the Complainant’s website www.boehringeringelheimpetrebates.com. \r\n\r\nThe Respondent does not have any rights or legitimate interest in the disputed domain name\r\n\r\nThe Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the WHOIS information was not similar to the disputed domain name.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor 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. \r\nThe Complainant 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 trademark BOEHRINGER-INGELHEIM, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nFurthermore, the disputed domain name redirects to a parking page with commercial links. 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\nThus, in accordance with the foregoing, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark BOEHRINGER-INGELHEIM.\r\n\r\nThe Complainant is one of the world’s 20 leading pharmaceutical companies, with roughly 50,000 employees worldwide and 17.5 billion euros in net sales.\r\n\r\nThe Complainant’s trademark BOEHRINGER-INGELHEIM is a distinctive and well-known trademark. Past panels have confirmed the notoriety of the trademark BOEHRINGER-INGELHEIM.\r\n\r\nBesides, the Complainant contends that the Respondent choose to register the domain name to create a confusion with domain name <boehringeringelheimpetrebates.com>, used by the Complainant to offer rebates on pet health products.\r\n\r\nConsequently, given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the domain names with full knowledge of the Complainant's trademark.\r\n\r\nFurthermore, the disputed domain name redirects 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 trademark for its own commercial gain, which is an evidence of bad faith.\r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.",
    "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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\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": [
        "Jan Christian Schnedler, LL.M."
    ],
    "date_of_panel_decision": "2020-03-25 00:00:00",
    "informal_english_translation": "The Complainant 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. Ever since, Boehringer has become a global research-driven pharmaceutical enterprise and has today about roughly 50,000 employees. The three business areas of Boehringer are human pharmaceuticals, animal health and biopharmaceuticals. In 2018, net sales of the Boehringer group amounted to about EUR 17.5 billion.\r\n\r\nThe Complainant owns a portfolio of trademarks including the wording “BOEHRINGER INGELHEIM” in several countries, such as the international trademark BOEHRINGER-INGELHEIM n°221544, registered since July 2, 1959.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “BOEHRINGER INGELHEIM”, such as <boehringer-ingelheim.com> sinceSeptember 1, 1995 and <boehringeringelheim.com> registered since July 4, 2004.\r\n",
    "decision_domains": {
        "BOEHRINGERLNGELHEIMEQUINEREBATES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}