{
    "case_number": "CAC-UDRP-103637",
    "time_of_filling": "2021-03-08 00:00:00",
    "domain_names": [
        "boehringeringleheimequinerebates.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (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 is a family-owned pharmaceutical group of companies with roots going back to 1885, when it was founded by Albert Boehringer (1861-1939) in Ingelheim am Rhein. Ever since, BOEHRINGER INGELHEIM has become a global research-driven pharmaceutical enterprise and has today about roughly 51,000 employees. The three business areas of BOEHRINGER INGELHEIM are human pharmaceuticals, animal health and biopharmaceuticals. In 2019, net sales of the BOEHRINGER INGELHEIM group amounted to about EUR 19 billion.\r\n\r\nThe disputed domain name was registered on March 1st, 2021 and resolve 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 and its domain names associated.\r\n\r\nThe Complainant contends the misspelling of the trademark BOEHRINGER-INGELHEIM (the reversal of the letter “E” and “L”) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant’s trademark and it does not change the overall impression of the designation as being connected to the trademark BOEHRINGER-INGELHEIM.\r\n\r\nMoreover, in the view of Complainant the addition of the terms “EQUINE REBATES” is not sufficient to escape the finding that the domain name is confusingly similar to its trademarks. It does not change the overall impression of the designation as being connected to the Complainant’s trademarks. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademarks and domain names associated.\r\n\r\nOn the contrary, this addition worsens the likelihood of confusion, as it directly refers to the Complainant’s website https:\/\/www.boehringeringelheimequinerebates.com.\r\n\r\nMoreover, the Complainant asserts that the addition of the generic Top-Level Domain suffix “.COM” does not change the overall impression of the designation as being connected to the trademark BOEHRINGER-INGELHEIM. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademarks and its domain names associated.\r\n\r\nConsequently, the disputed domain name is in the view of Complainant confusingly similar to the Complainant’s trademark.\r\n\r\nThe Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the WHOIS information was not similar to the disputed domain name.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademarks BOEHRINGER-INGELHEIM, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nFurthermore, the disputed domain name resolves to a parking page with commercial links. Past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use. \r\nThus, in accordance with the foregoing, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.\r\n\r\nThe Complainant’s trademark BOEHRINGER-INGELHEIM is distinctive and well-known. Past Panels have confirmed the notoriety of the Complainant’s trademarks. \r\nBesides, the Complainant contends that the Respondent choose to register the domain name to create a confusion with the domain name <boehringeringelheimequinerebates.com>, used by the Complainant to offer rebates on equine health products.\r\n\r\nConsequently, given the distinctiveness of the Complainant's trademarks and its reputation, it is reasonable in the view of Complainant to infer that the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark.\r\n\r\nFurthermore, the disputed domain name resolves to a parking page with commercial links. The Complainant contends the Respondent has attempt to attract Internet users for commercial gain to his own websites thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith.\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\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": [
        "Jan Christian Schnedler, LL.M."
    ],
    "date_of_panel_decision": "2021-03-31 00:00:00",
    "informal_english_translation": "The Complainant owns a large portfolio of trademarks including the terms “BOEHRINGER INGELHEIM” in several countries, such as:\r\n\r\n- the international trademark BOEHRINGER-INGELHEIM n°221544, registered since July 2nd, 1959; and,\r\n- the international trademark BOEHRINGER INGELHEIM n°568844 registered since March 22nd, 1991.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “BOEHRINGER INGELHEIM”, such as <boehringeringelheimequinerebates.com> registered and used since August 14th, 2019.",
    "decision_domains": {
        "BOEHRINGERINGLEHEIMEQUINEREBATES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}