{
    "case_number": "CAC-UDRP-103139",
    "time_of_filling": "2020-06-26 09:19:26",
    "domain_names": [
        "pradaxacn.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co. "
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "bai he"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a German family-owned pharmaceutical group of companies with roots going back to 1885, when it was founded by Albert Boehringer in Ingelheim am Rhein.\r\n\r\nEver since, BOEHRINGER has become a global research-driven pharmaceutical enterprise with roughly 50,000 employees. The three business areas of BOEHRINGER are human pharmaceuticals, animal health and biopharmaceuticals. In 2019, net sales of the BOEHRINGER group of companies amounted to about EUR 18,997 million.\r\n\r\nPRADAXA (generic name: Dabigatran) is an oral anticoagulant from the class of the direct thrombin inhibitors. It is being studied for various clinical indications and in some cases it offers an alternative to warfarin as the preferred orally administered anticoagulant (\"blood thinner\") since it cannot be monitored by blood tests for international normalized ratio (INR) monitoring while offering similar results in terms of efficacy.\r\n\r\nThe Complainant is the owner of numerous domain names consisting of the trademark PRADAXA, such as the domain name <pradaxa.com>, which is used by the Complainant to promote its PRADAXA products online.\r\n\r\nThe disputed domain name <pradaxacn.com> was registered on March 16, 2020 and is redirected to a website displaying information regarding PRADAXA products and some links to other online locations where such products can be purchased online. \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 name.",
    "no_response_filed": "COMPLAINANT:\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its trademark PRADAXA as it incorporates the trademark in its entirety with the mere addition of the geographic abbreviation “cn”, which is not sufficient to avoid the likelihood of confusion.\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name since the Respondent has no relationship with the Complainant and has not been authorized to use the trademark PRADAXA or register the disputed domain name.\r\n\r\nThe Complainant also states that the Respondent’s use of the disputed domain name does not amount to a bona fide offering of goods or services or a legitimate use.\r\n\r\nThe Complainant points out that the disputed domain name was registered and is being used in bad faith since the Respondent must have been aware of the Complainant’s trademark PRADAXA at the time the Respondent registered the disputed domain name, as the disputed domain name resolves to a website that makes direct reference to the PRADAXA products and the Complainant, and offers these products for sale.\r\n\r\nThe Complainant further states that, since the Respondent is in the business of the sale of pharmaceuticals, it certainly knew of the Complainant's trademarks at the time of registration of the disputed domain name, and deliberately sought to use their goodwill to attract Internet users seeking the Complainant's product.\r\n\r\nThe Complainant concludes that the Respondent has registered and used the disputed domain name in order to deceive Internet users seeking the Complainant's product, so as to generate revenue from selling unrelated or competing pharmaceuticals.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant’s contentions.\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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2020-07-29 00:00:00",
    "informal_english_translation": "The Complainant is the owner inter alia, of the following trademark registrations consisting of or comprising PRADAXA:\r\n\r\n- International Trademark registration No. 807503 for PRADAXA (word mark), registered on July 9, 2003, in international class 5;\r\n\r\n- International Trademark registration No. 991238 for PRADAXA (figurative mark), registered on October 29, 2008, in international class 5;\r\n\r\n- International Trademark registration No. 131583 for PRADAXA (figurative mark), registered on April 6, 2016, in international class 5.\r\n",
    "decision_domains": {
        "PRADAXACN.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}