{
    "case_number": "CAC-UDRP-103370",
    "time_of_filling": "2020-10-30 09:20:50",
    "domain_names": [
        "boehlinger-ingelheim.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "king kong"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a German family-owned pharmaceutical group of companies with roots dating back to 1885.  It has around 51,000 employees, revenues of EUR 19 million and specializes in human pharmaceuticals, animal health and biopharmaceuticals.  It is one of the world’s 20 leading pharmaceutical companies.  \r\n\r\nThe Complainant is the owner of various registered trademarks for BOEHRINGER-INGELHEIM including international registered trademark no. 221544 for the word mark BOEHRINGER-INGELHEIM, registered on July 2, 1959.  \r\n\r\nThe Complainant is the registrant of the domain name <boehringer-ingelheim.com>, registered on September 1, 1995.\r\n\r\nThe disputed domain name was registered on October 21, 2020 and resolves to a page with the appearance of a parking page with commercial links, but the links do not redirect to any other website.  MX records have also been configured.\r\n\r\nThe disputed domain name contains an obvious misspelling of the Complainant’s BOEHRINGER-INGELHEIM registered trademark.  It is a clear case of “typosquatting”.  The deletion of the hyphen and substitution of the letter “r” by the letter “l”, and the use of the generic Top-Level Domain “.com” are insufficient to escape a finding of confusing similarity.  The overall impression is that the disputed domain name is connected to the said mark.  \r\n\r\nThe Respondent is not commonly known as the disputed domain name, but uses the term “king kong”.  The Respondent is not related in any way to the Complainant.  The Complainant does not carry out any activity with, nor has any business with the Respondent.  Neither license nor authorization has been granted by the Complainant to the Respondent to make any use of the Complainant’s trademark or to apply for registration of the disputed domain name.  The disputed domain name is a typosquatted version of the Complainant’s trademark and typosquatting can be evidence of a lack of rights and legitimate interests on the part of a respondent.\r\n\r\nGiven the distinctiveness of the Complainant’s trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the disputed domain name with full knowledge of the Complainant's trademark.  The Respondent has also been involved in a previous case under the Policy brought by the Complainant, namely Boehringer Ingelheim Pharma GmbH & Co. KG v. king kong, CAC Case No. 103212.  \r\n\r\nThe disputed domain name was intentionally designed to be confusingly similar to the Complainant’s mark and past panels have seen such actions as evidence of bad faith.  The disputed domain name resolves to a parking page with commercial links but without any active links, and MX servers are configured.  It is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate, such as by way of passing off, an infringement of consumer protection legislation or an infringement of the Complainant’s rights under trademark law.  \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": "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": [
        "Andrew Lothian"
    ],
    "date_of_panel_decision": "2020-11-20 00:00:00",
    "informal_english_translation": "Among others, the Complainant is the owner of the following International registered trademark:\r\n\r\nBOEHRINGER-INGELHEIM, word mark, registered on July 2, 1959 under number 221544 in use classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30, and 32, and designated in respect of 16 territories. ",
    "decision_domains": {
        "BOEHLINGER-INGELHEIM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}