{ "case_number": "CAC-UDRP-103270", "time_of_filling": "2020-09-09 10:46:52", "domain_names": [ "boehringeringelheimpetrebayes.com" ], "case_administrator": "Olga Dvořáková (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\nThe Complainant states that it is a 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\nThe Complainant points out that it has become a global research-driven pharmaceutical enterprise, with about 50,000 employees, and that its three business areas are human pharmaceuticals, animal health and biopharmaceuticals. \r\n\r\nThe Complainant underlines that it is the owner of several trademarks containing the wording “Boehringer-Ingelheim”.\r\n\r\nThe Complainant adds that it owns multiple domain names consisting in the wording “BOEHRINGER INGELHEIM”, like for example .\r\n\r\nThe Complainant notes that the disputed domain name was registered on September 1st, 2020 and resolves 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 Complainant argues that the addition of the terms “PET REBAYES”:\r\n- is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark “BOEHRINGER-INGELHEIM”, \r\n- does not change the overall impression of the designation as being connected to the Complainant’s trademark, \r\n- does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and the domain names associated.\r\n\r\nThe Complainant considers that the addition of the terms “PET REBAYES” worsens the likelihood of confusion, as it directly refers to the Complainant’s website .\r\n\r\nThe Complainant asserts that the addition of the generic top-level domain “.COM” does not change the overall impression of the designation as being connected to the trademark “BOEHRINGER-INGELHEIM”.\r\n\r\nThe Complainant argues that the 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, but as “Fundacion Comercio Electronico”. \r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. \r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.\r\n\r\nThe Complainant states that it does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant points out that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark, or apply for registration of the disputed domain name.\r\n\r\nThe Complainant adds that the disputed domain name resolves to a parking page with commercial links and underlines that that this does not constitute a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\nThe Complainant considers that the domain name has been registered and is being used in bad faith.\r\n\r\nThe Complainant submits that its trademark “BOEHRINGER-INGELHEIM” is distinctive and well-known. The Complainant points out that past panels have confirmed the notoriety of the above-mentioned trademark. \r\n\r\nThe Complainant contends that the Respondent choose to register the disputed domain name to create a confusion with the domain name , used by the Complainant to offer rebates on pet health products.\r\n\r\nThe Complainant observes that given the distinctiveness of its trademarks and its reputation, it is reasonable to infer that the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark.\r\n\r\nThe Complainant contends the Respondent, by using a parking page with commercial links, has attempted to attract Internet users to its own website, taking advantage of the “BOEHRINGER-INGELHEIM” trademark for its own commercial gain.\r\n\r\nThe Complainant adds that the Respondent has already been involved in other UDRP complaints filed by the Complainant, for example CAC Cases No. 102872 and 102854.\r\n\r\n", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.", "no_response_filed": "No administratively compliant Response has been filed. ", "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": [ "Michele Antonini" ], "date_of_panel_decision": "2020-10-14 00:00:00", "informal_english_translation": "The Complainant is the registrant, among others, of the international trademark registrations:\r\n\r\n- No. 221544 “Boehringer-Ingelheim”, registered on July 2, 1959, for goods in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32;\r\n\r\n- No. 568844 “Boehringer Ingelheim”, registered on March 22, 1991, for goods in classes 1, 2, 3, 4, 5, 9, 10, 16, 30 and 31.\r\n\r\nThe disputed domain name was registered by the Respondent on September 1st, 2020.", "decision_domains": { "BOEHRINGERINGELHEIMPETREBAYES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }