{
    "case_number": "CAC-UDRP-103577",
    "time_of_filling": "2021-02-15 09:38:00",
    "domain_names": [
        "beoringer-ingelhseim.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": "Nameshield (Enora Milllocheau)",
    "respondent": [
        "mark walton"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a pharmaceutical group of companies founded in 1885 with operations worldwide and about 50 000 employees. Its main businesses are human pharmaceuticals and animal health. Net sales in 2018 amounted to about EUR 17.5 billion.\r\n\r\nBesides the International trademarks No. 221544 dated 2 July 1959 and No. 568844, the Complainant is also the registrant of numerous domain names incorporating its business name “BOEHRINGER INGELHEIM”, including in particular <boehringer-ingelheim.com> (registered since 1 September 1995).\r\n\r\nNo information is known about the Respondent who registered the disputed domain name <beoringer-ingelhseim.com> on 8 February, 2021 under a privacy statement.\r\n\r\nThe disputed domain name currently redirects to parking pages with commercial links. The commercial links do not redirect to any other websites.",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name <beoringer-ingelhseim.com>  and the Complainant's registered trademarks BOEHRINGER-INGELHEIM are confusingly similar. \r\n\r\nParticularly, the Complainant contends that the domain name contains “an obvious misspelling of the Complainant’s trademark: BEORINGER-INGELHSEIM instead of BOEHRINGER-INGELHEIM” and considers the present situation is a clear case of “typosquatting”.\r\n\r\nIndeed, according to the Complainant, the small differences between its registered trademarks and the disputed domain name do alter the overall similar impression the domain name and the registered trademarks leave.\r\n\r\nThe Complainant also points out that the applicable Top-Level suffix “-.com” does not per se prevent the likelihood of confusion.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making any businesses with the Complainant. Moreover, the Complainant states that the Respondent has not been licensed or authorized in other way to use the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states due to its worldwide presence and considering that the Complainant’s sign “BOEHRINGER-INGELHEIM” is a well-known mark, the Respondent certainly had full knowledge of the Complainant rights over the name BOEHRINGER-INGELHEIM at the time of the disputed domain name’s registration.\r\n\r\nMoreover, the Complainant contends that due to the fact that the disputed domain name is a misspelled version of the Complainant’s registered trademarks, the Respondent chose to register the disputed domain name intentionally in order to create a confusion as to the business origin affiliation or endorsement. Now, the disputed domain name resolves to parking pages with commercial links but without any active links and the mail exchange servers are configured, thus according to the Complainant, the Respondent is currently acting 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 trademarks 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 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": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2021-03-14 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of the following trademarks:\r\n- international registration of the trademark BOEHRINGER INGELHEIM, No. 221544 registered since 2 July 1959 in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32 of the International Nice Classification; and\r\n- international registration of the trademark BOEHRINGER INGELHEIM, No. 568844, registered since 22 March 1991 in classes 1, 2, 3, 4, 5, 9, 10, 16, 30 and 31 of the International Nice Classification.",
    "decision_domains": {
        "BEORINGER-INGELHSEIM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}