{ "case_number": "CAC-UDRP-103532", "time_of_filling": "2021-01-29 10:04:25", "domain_names": [ "nexgardchewables.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Mr NYOB" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nThe Complainant provides the Panel with previous UDRP decisions:\r\nIt is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. WIPO Case No. D2003-0888, Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin.\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\nWIPO Case No. D2010-1046, Woolworths Limited v. domainAdminkPrivacyProtect.org\/Smvs Consultancy Privacy Limited (“the panel stated that this type of use of a domain name, offering or linking to competing goods and services, is not bona fide and it is clear that this use cannot confer any rights or legitimate interests upon it.”).\r\n\r\nWIPO Case No. D2016-0823, Boehringer Ingelheim Pharma GmbH & Co. KG. v. Williams Shorell (“the Respondent is in the business of the sale of pharmaceuticals, and no doubt knew of the Complainant's trademarks at the time of registration of the disputed domain names [..]This constitutes bad faith registration and use within the meaning of the Policy. There is also evidence of bad faith use, in that the Respondent is using the disputed domain names to direct Internet traffic to a for-profit on-line pharmacy that sells pharmaceuticals that directly compete with Complainant.”).", "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 DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant, Boehringer Ingelheim Animal Health France, is an international leader in the pet and equine markets.\r\nOn 8 May 2014, the Respondent registered the domain name .\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s trademark \"NEXGARD\". The addition of the term “CHEWABLE” is not sufficient to escape the finding that the domain name is confusingly similar to the trademark NEXGARD. It does not change the overall impression of the designation as being connected to the Complainant’s trademark NEXGARD and does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAME\r\n\r\nThe Respondent has no rights on the disputed domain name, and any use of the trademarks “NEXGARD” has to be authorized by the Complainant.\r\n\r\nThe domain name at stake does not correspond to the name of the Respondent and, to the best of Complainant's knowledge, the Respondent is not commonly known as “NEXGARDCHEWABLES”.\r\n\r\nLastly, the Complainant states it did not find any fair or non-commercial uses of the disputed domain name at stake.\r\n\r\nTHE DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\nThe domain name was registered and is used in bad faith.\r\n\r\nThe disputed domain name is used in connection with an active website making direct reference to NEXGARD-branded products and offering them for sale, which shows the Respondent's knowledge of the Complainant's trademarks.\r\n\r\nIn addition, given the distinctiveness of the Complainant's 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\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\nRESPONDENT:\r\nNO 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": [ "Arthur Fouré" ], "date_of_panel_decision": "2021-03-05 00:00:00", "informal_english_translation": "The Complainant has provided evidence of ownership of the following trademarks:\r\n\r\nInternational trademark registration n. 1166496 “NEXGARD”, registered on 29 May 2013 and designating goods in international class 05; \r\nEU trademark registration n. 011855061 “NEXGARD”, registered on 9 October 2013 and designating goods in international class 05.\r\n", "decision_domains": { "NEXGARDCHEWABLES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }