{ "case_number": "CAC-UDRP-102988", "time_of_filling": "2020-03-25 16:21:13", "domain_names": [ "boehringergelheimpetrebates.com" ], "case_administrator": "Šárka Glasslová (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Fundacion Comercio Electronico" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nPast Panels have confirmed the Complainant’s rights in similar case. Please see CAC Case No. 102854, Boehringer Ingelheim Pharma GmbH & Co.KG v. Fundacion Comercio Electronico . (“The domain name is confusingly similar to the protected trademark as a result of : 1. Misspelling\/Typosquatting (boehringerringelheimpetrebates.com) with a double r at the end of Boehringer and before Ingelheim; 2. Mark combined with generic term. PET REBATES is a generic term also used by Complainant in its own domain name www.boehringeringelheimpetrebates.com to inform visitors of the website about offers for Pet medicines. On top it also worsens likelihood of confusion, because the addition of the terms “PET REBATES” directly refers to the Complainant’s website www.boehringeringelheimpetrebates.com\/”).\r\n\r\nForum Case No. FA 1781783, Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston \/ Elite Media Group (“Here, the WHOIS information of record identifies Respondent as “Chad Moston \/ Elite Media Group.” The Panel therefore finds under Policy paragraph 4(c)(ii) that Respondent is not commonly known by the disputed domain name under Policy paragraph 4(c)(ii).”).\r\n\r\nForum Case No. FA 970871, Vance Int’l, Inc. v. Abend (concluding that the operation of a pay-per-click website at a confusingly similar domain name does not represent a bona fide offering of goods or services or a legitimate noncommercial or fair use, regardless of whether or not the links resolve to competing or unrelated websites or if the respondent is itself commercially profiting from the click-through fees);\r\n\r\nWIPO Case No. D2007-1695, Mayflower Transit LLC v. Domains by Proxy Inc.\/Yariv Moshe (\"Respondent’s use of a domain name confusingly similar to Complainant’s trademark for the purpose of offering sponsored links does not of itself qualify as a bona fide use.\").\r\n\r\nCAC Case No. 102274, BOEHRINGER INGELHEIM PHARMA GMBH & CO.KG v. Karen Liles (“In the absence of a response from Karen Liles and given the reputation of the Complainant and its trademark (see, among others, WIPO Case No. D2016-0021, Boehringer Ingelheim Pharma GmbH & Co.KG v. Kate Middleton), the Panel infers that the Respondent had the Complainant's trademarks BOEHRINGER-INGELHEIM in mind when registering the disputed domain name.”).\r\n\r\nCAC Case No. 102872, Boehringer Ingelheim Pharma GmbH & Co.KG v. Fundacion Comercio Electronico (“The evidence of use for pay per click links is registration and use in bad faith being a deliberate attempt to divert Internet users for commercial gain under Policy 4 (b)(iv) and disrupting the Complainant’s business under Policy 4 (b)(iii).”);\r\n\r\nCAC Case No. 102854, Boehringer Ingelheim Pharma GmbH & Co.KG v. Fundacion Comercio Electronico (“The Panel has reasons to presume that the Respondent has allowed the disputed domain name to be used with the intent to attract Internet users for commercial gain, by creating a likelihood of confusion with the Complainant's trademark as to the source, affiliation, or endorsement of the Respondent's website to which the disputed domain name resolves. Accordingly, the Panel finds that the disputed domain name was registered and is being used in bad faith.”).\r\n", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nFirstly, Complainant alleges that the disputed domain name is confusingly similar to its BOEHRINGER-INGELHEIM trademarks. It argues that the deletion of the letters “in” in the term ”ingelheim” is not sufficient to prevent the risk of confusion nor the overall impression of the designation as being linked to Complainant’s trademarks.\r\n\r\nIt alleges that the addition of the terms “pet rebates” directly refers to its activity and does not prevent the likelihood of confusion. Complainant refers to its website www.boehringeringelheimpetrebates.com, which is similar and prior to the disputed one. Furthermore, the addition of the gTLD “.com” does not change the overall impression of being connected to Complainant. \r\n\r\nSecondly, Complainant alleges that Respondent has no rights or legitimate interest in the disputed domain name. It argues that Respondent is not identified as the disputed domain name in the Whois database. It adds that Respondent has not been authorized by nor affiliated to Complainant. In fact, Complainant did not grant any license nor authorization to Respondent.\r\n\r\nFurthermore, Complainant points out the fact that the disputed domain name resolves to a parking page with commercial links, that is considered not to be a bona fide offering of goods or services nor a legitimate non-commercial or fair use. \r\n\r\nThirdly, the Complainant considers that the disputed domain name has been registered and is being used in bad faith. It alleges that it is one of the world’s 20 leading pharmaceutical companies and that its BOEHRINGER-INGELHEIM trademarks are distinctive and well-known. \r\n\r\nTherefore, it alleges that Respondent chose to register the disputed domain name to create a risk of confusion with Complainant’s website that offers rebates on pet health products. It argues that Respondent registered the domain name with the full knowledge of Complainant’s trademarks.\r\n\r\nComplainant also alleges that Respondent attempted to attract customers for commercial gain on its own website, benefiting from Complainant’s reputation, since the disputed domain name points to a website offering commercial links.\r\n\r\n\r\nRESPONDENT:\r\n\r\nRespondent did not reply to Complainant’s contentions. ", "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": [ "Nathalie Dreyfus" ], "date_of_panel_decision": "2020-04-29 00:00:00", "informal_english_translation": "Complainant is Boehringer Ingelheim Pharma GmbH & Co.KG, a family-owned pharmaceutical group of companies, founded in 1885. Complainant became a global research-driven pharmaceutical enterprise with around 50 000 employees, around the world. Its main fields of activity are related to human pharmaceuticals, animal health and biopharmaceuticals.\r\n\r\nComplainant owned several registered trademarks over the world, under the BOEHRINGER-INGELHEIM sign , including: \r\n-\tThe international trademark BOEHRINGER-INGELHEIM n°221544, of July 2, 1959 and duly renewed since then; \r\n-\tThe international trademark BOEHRINGER INGELHEIM n°568844, of March 22, 1991 and duly renewed since then.\r\n\r\nComplainant also registered several domain names, such as: \r\n-\t registered on September 1, 1995;\r\n-\t registered on July 4, 2004.\r\n\r\nRespondent did not respond to Complainant’s contentions. \r\n\r\nThe disputed domain name is which was registered on March 20, 2020.\r\n\r\n", "decision_domains": { "BOEHRINGERGELHEIMPETREBATES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }