{ "case_number": "CAC-UDRP-103645", "time_of_filling": "2021-03-10 09:33:58", "domain_names": [ "boehringer-infelheim.com", "boehrunger-ingelheim.com" ], "case_administrator": "Denisa Bilík (CAC) (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 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, BOEHRINGER INGELHEIM achieved net sales of 19 billion euros.\r\n\r\nThe Complainant owns a portfolio of trademarks including the International trademark registrations “BOEHRINGER-INGELHEIM”, no. 221544, registered since 02.07.1959, for goods in classes 01, 02, 03, 04, 05, 06, 16, 17, 19, 29, 30, 32, designating several countries for protection and the international trademark “BOEHRINGER INGELHEIM”, no. 568844 registered since 22.03.1991, for goods in classes 01, 02, 03, 04, 05, 09, 10, 16, 30, 31, designating several countries for protection.\r\n\r\nFurthermore, the Complainant is the owner of a numerous portfolio of domain names including the domain name registered since 01.09.1995.\r\n\r\nThe disputed domain name and < boehrunger-ingelheim.com> has been registered on 05.03.2021 and redirects to a parking page with commercial links.\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 names.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant's contentions are the following:\r\n\r\nThe disputed domain names and are confusingly similar to the Complainant's earlier trademarks BOEHRINGER-INGELHEIM.\r\n\r\nThe Complainant sustains that the misspelling of the trademark BOEHRINGER-INGELHEIM (i.e. the substitution of the letters “G” and “F” or “I” and “U”) and the use of the gTLD “.COM” are not sufficient to escape the finding that the disputed domain names are confusingly similar to the Complainant’s trademark and it does not change the overall impression of the designations as being connected to the trademark BOEHRINGER-INGELHEIM.\r\n\r\nThe Complainant contends that, this is a clear case of \"typosquatting“, i.e. the disputed domain names contain an obvious misspelling of the Complainant’s trademark: BOEHRINGER-INFELHEIM and BOEHRUNGER-INGELHEIM instead of BOEHRINGER-INGELHEIM. Further, the Complainant contends that, previous panels have found that the slight spelling variations does not prevent a disputed domain name from being confusing similar to the complainant’s trademark (CAC Case No. 102708, Boehringer Ingelheim Pharma GmbH & Co.KG v. stave co ltd ). It is the common view among UDRP panelists that a domain name which contains a common or obvious misspelling of a trademark normally will be found to be confusingly similar to such trademark, where the misspelled trademark remains the dominant or principal component of the domain name, see Edmunds.com, Inc. v. Digi Real Estate Foundation, WIPO Case No.D2006-1043, . “The disputed domain name is such a typosquatting domain and is accordingly confusingly similar to the trademark of the Complainant.”.\r\n\r\nMoreover, the Complainant contends that, past Panels commonly stated that the gTLD is not relevant in the appreciation of confusing similarity (WIPO Case No. D2006-0451, F. Hoffmann-La Roche AG v. Macalve e-dominios S.A. (“It is also well established that the specific top level of a domain name such as “.com”, “.org” or “.net” does not affect the domain name for the purpose of determining whether it is identical or confusingly similar.”)\r\n\r\nThe Complainant further contends that the Respondent lacks rights or legitimate interests in the disputed domain name for a number of reasons.\r\n\r\nFirst, the Complainant asserts that the Respondent is not known as the disputed domain names. 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\nFurther, the Complainant asserts that the Respondent is not affiliated with nor authorized by the Complainant in any way.\r\n\r\nThe Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent is not a Complainant’s licensee, nor has ever been authorised to make use of the Complainant’s trademark or to apply for the registration of the disputed domain names.\r\n\r\nLastly, the Complainant points out that the disputed domain names redirect to a parking page with commercial links, which is further evidence of the Respondent’s lack of rights or legitimate interests.\r\n\r\nThe Complainant further argues that the disputed domain names have been registered, and are being used in bad faith.\r\n\r\nThe Complainant’s maintains that its BOEHRINGER-INGELHEIM trademark is very distinctive, having a widespread and longstanding use and reputation in the relevant field, that the Respondent choose to register the domain names to create a confusion with the Complainants trademark, that the Respondent has registered and used the disputed domain names with full knowledge of the Complainant’s trademark.\r\n\r\nThe Complainant’s further sustains that, by registering the domain names with the misspelling of the trademark BOEHRINGER-INGELHEIM, the Complainant intentionally designed for the registered domain names to be confusingly similar with the Complainant’s trademark. Previous UDRP Panels have seen such actions as evidence of bad faith.\r\n\r\nFurthermore, the disputed domain names redirect to a parking page with commercial links. The Complainant sustains that the Respondent has attempt to attract Internet users for commercial gain to his own website 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 sustains that the Respondent has registered and is using the disputed domain names in bad faith.\r\n", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2021-04-14 00:00:00", "informal_english_translation": "The Complainant bases its Complaint on the International trademark registrations “BOEHRINGER-INGELHEIM”, no. 221544, registered since 02.07.1959, for goods in classes 01, 02, 03, 04, 05, 06, 16, 17, 19, 29, 30, 32, designating several countries for protection and the international trademark “BOEHRINGER INGELHEIM”, no. 568844 registered since 22.03.1991, for goods in classes 01, 02, 03, 04, 05, 09, 10, 16, 30, 31, designating several countries for protection.", "decision_domains": { "BOEHRINGER-INFELHEIM.COM": "TRANSFERRED", "BOEHRUNGER-INGELHEIM.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }