{ "case_number": "CAC-UDRP-103009", "time_of_filling": "2020-04-09 10:33:05", "domain_names": [ "boehringeringheimpetrebates.com", "boehringerlinglheimequinerebates.com" ], "case_administrator": "Šárka Glasslová (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 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, the Complainant has become a global research-driven pharmaceutical enterprise and today is one of the world’s 20 leading pharmaceutical companies with about 50,000 employees. Its three business areas are human pharmaceuticals, animal health and biopharmaceuticals. In 2018, the net sales of the BOEHRINGER INGELHEIM group amounted to about EUR 17.5 billion. \r\n\r\nThe Complainant maintains official websites at the domain names and .\r\n\r\nThe disputed domain names were registered on April 3, 2020 and resolve to parking pages with commercial pay-per-click links.\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.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant states that the disputed domain names are confusingly similar to its BOEHRINGER INGELHEIM trademark, as they incorporate the trademark with some misspelling by changing or removing letters and with the addition of the descriptive elements “pet rebates” or “equine rebates”, which do not change the overall impression of the disputed domain names as being connected to the Complainant’s BOEHRINGER INGELHEIM trademark and do not prevent the likelihood of confusion between the disputed domain names and the Complainant, its trademarks and domain names. The addition of the terms “pet rebates” worsens the likelihood of confusion, as it directly refers to the Complainant’s website at www.boehringeringelheimpetrebates.com.\r\n\r\nThe Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain names, because the Respondent is not commonly known by the disputed domain names and is not affiliated with the Complainant, and the Complainant has not authorized the Respondent to use the Complainant’s BOEHRINGER INGELHEIM trademark or to register the disputed domain names. According to the Complainant, the disputed domain names resolve to parking pages with commercial links, which is not a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\nThe Complainant contends that the disputed domain names were registered and are being used in bad faith. According to the Complainant, the Respondent chose to register the disputed domain names to create a confusion with the Complainant’s domain name , used by the latter to offer rebates on pet health products. Given the distinctiveness of the BOEHRINGER INGELHEIM trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the disputed domain names with full knowledge of the trademark. The disputed domain names resolve to parking pages with commercial links, and the Respondent is involved in a pattern of conduct by which it attempts to attract Internet users for commercial gain to its own website exploiting the reputation of the Complainant and its BOEHRINGER INGELHEIM trademark for commercial gain. The Complainant points out that a similar conduct of the Respondent against the Complainant was found in CAC Case No.102872, Boehringer Ingelheim Pharma GmbH & Co.KG v. Fundacion Comercio Electronico, and in CAC Case No.102854, Boehringer Ingelheim Pharma GmbH & Co.KG v. Fundacion Comercio Electronico.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defence. \r\n", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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": [ "Assen Alexiev" ], "date_of_panel_decision": "2020-06-02 00:00:00", "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the sign BOEHRINGER INGELHEIM (the “BOEHRINGER INGELHEIM trademark”):\r\n\r\n- the International trademark BOEHRINGER-INGELHEIM with registration No. 221544, registered on July 2, 1959 for goods in International Classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32; and\r\n\r\n- the International trademark BOEHRINGER INGELHEIM with registration No. 568844, registered on March 22, 1991 for goods in International Classes 1, 2, 3, 4, 5, 9, 10, 16, 30 and 31.\r\n", "decision_domains": { "BOEHRINGERINGHEIMPETREBATES.COM": "TRANSFERRED", "BOEHRINGERLINGLHEIMEQUINEREBATES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }