{
    "case_number": "CAC-UDRP-103697",
    "time_of_filling": "2021-03-29 11:24:00",
    "domain_names": [
        "boehringeringelheimpterrebates.com",
        "boehringeringelheipmetrebates.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": "As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:\r\n\r\n(a) The 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\n(b) the Complainant is the owner of the Complainant’s Trademarks;\r\n\r\n(c) the Complainant owns multiple domain names consisting in the wording “Boehringer Ingelheim”, such as <boehringeringelheimpetrebates.com> registered and used since 14 August 2019;\r\n\r\n(d) Respondent is using the disputed domain names in connection with a website which points to a parking webpage with commercial links.\r\n\r\nThe Complainant seeks transfer of the disputed domain names to the 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 names.",
    "no_response_filed": "THE COMPLAINANT:\r\n\r\nIn addition to the above factual assertions, the Complainant also contends the following:\r\n\r\n(i) disputed domain names are confusingly similar to the Complainant’s Trademarks as the addition of the terms “PET REBATES” or “PTE RREBATES” is not sufficient to escape the such confusing similarity;\r\n\r\n(ii) disputed domain names are also a case of \"typosquatting“, i.e. the disputed domain names contain an obvious misspelling of the domain name the  <boehringeringelheimpetrebates.com> used by the Complainant to offer rebates on pet health products;\r\n\r\n(iii) the Respondent is not affiliated with the Complainant nor authorized by it in any way to use Complainant’s Trademarks. The Complainant does not carry out any activity for, nor has any business with the Respondent;\r\n\r\n(iv) the disputed domain names display a parking page. It demonstrates a lack of legitimate interests of the Respondent in respect of the disputed domain names;\r\n\r\n(v) 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 names with full knowledge of the Complainant's trademark. Registering the disputed domain names which include the Complainant's Trademarks with addition of misspelled terms was an intentional attempt to create confusing similarity with the Complainant’s Trademarks and the domain name already used by the Complainant and thus the registration was done in bad faith; and\r\n\r\n(vi) the Respondent, Fundacion Comercio Electronico, was involved in numerous similar typosquatting cases before the CAC introduced by the Complainant. Please see for instance CAC Cases No. 103516, 103498, 103453, 103455, 103404, 103270, 103181, 103124, 103132, 103065.\r\n\r\nTHE RESPONDENT:\r\n\r\nThe Respondent did not provide any response to the complaint.",
    "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 Uniform Domain Name Dispute Resolution Policy (\"UDRP\" or \"Policy\")).\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "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).\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "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).\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "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": [
        "Michal Matějka"
    ],
    "date_of_panel_decision": "2021-05-08 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of international word trademark “Boehringer-Ingelheim.”, reg. no. 221544, registered on 2 July 1959 for goods and services in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32 and international word trademark “Boehringer-Ingelheim.”, reg. no. 568844, registered on 22 March 1991 for goods and services in classes 1, 2, 3, 4, 5, 9, 10, 16, 30 and 31 (\"Complainant's Trademarks\").\r\n\r\nThe disputed domain names were registered on 22 March 2021.\r\n\r\n\r\n\r\n",
    "decision_domains": {
        "BOEHRINGERINGELHEIMPTERREBATES.COM": "TRANSFERRED",
        "BOEHRINGERINGELHEIPMETREBATES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}