{
    "case_number": "CAC-UDRP-103730",
    "time_of_filling": "2021-04-13 00:00:00",
    "domain_names": [
        "boehringeringelheimpetrebastes.com",
        "boehringeringilheimpetrebates.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, Boehringer Ingelheim Pharma GmbH & Co.KG, is active in the field of human pharmaceuticals, animal health and biopharmaceuticals. According to the Complainant submissions, Boehringer Ingelheim Pharma GmbH & Co.KG, is one of the world’s 20 leading pharmaceutical companies, with roughly 52,000 employees worldwide and 19.6 billion euros in net sales.\r\n\r\nThe Complainant owns the trademark \"BOEHRINGER INGELHEIM\" protected in several countries, including the IR Registration no. 221544 dating back to July 2nd 1959 and the IR Registration no. 568844 dating back to March 22nd 1991\r\n\r\nThe Complainant also owns the domain name <boehringeringelheimpetrebates.com> registered on December 19th, 2019. \r\n\r\nThe disputed domain names were registered on April 6th, 2021 and they are not active.\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 names.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT: \r\n\r\nThe Complainant claims that the disputed domain names are confusingly similar to its prior trademarks and domain name as the addition\/substitution of some letters is not sufficient to exclude a finding of confusing similarity. \r\n\r\nThe Complainant supports its allegations citing several UDRP decisions which confirmed that misspelling of the complainant's trademark does not prevent domain names from being confusingly similar to the trademarks.\r\n\r\nFinally, the Complainant contends that TLD are disregarded when assessing confusing similarity as they are considered as standard registration requirements.\r\n\r\nThe Complainant claims that the Respondent has no rights nor legitimate interest in registering the disputed domain names. According to the Complainant assertions, there is no evidence that the Respondent is known as the disputed domain names or is, in some way, authorized to use the BOEHRINGER INGELHEIM trademark.\r\n\r\nThe Complainant points out that the disputed domain names are not used and such circumstance excludes the finding of a \"bona fide offering of goods or services\" or a \"legitimate non-commercial or fair use\" for the purposes of the Policy.\r\n\r\nAs regards registration and use in bad faith, the Complainant claims that since the BOEHRINGER INGELHEIM trademark is widely known, it is reasonable to infer that the Respondent has registered the disputed domain names with full knowledge of the Complainant's rights. \r\n\r\nRegistration in bad faith could be also inferred by the fact that the domain names are very similar to the domain name <boehringeringelheimpetrebates.com>, used by the Complainant to offer rebates on pet health products. \r\n\r\nThe disputed domain names are inactive and according to the Complainant's submissions it is not conceivable a use of <BOEHRINGERINGELHEIMPETREBASTES.COM> \/ <BOEHRINGERINGILHEIMPETREBATES.COM> which will not exploit the reputation and distinctiveness of the Complainant's trademarks. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not file an administrative reply 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 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 name 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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2021-05-13 00:00:00",
    "informal_english_translation": "The Complainant proved to own the following trademarks:\r\n\r\ni) IR Reg. no. 221544 for the trademark \"Boehringer-Ingelheim.\" registered on July 2nd, 1959 in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30, 32;\r\n\r\nii) IR Reg. no. 568844 for the trademark \"Boehringer Ingelheim\" registered on March 22nd 1991 in classes 1, 2, 3, 4, 5, 9, 10, 16, 30, 31.\r\n\r\nThe Complainant submitted evidence attesting to the registration of the domain name <boehringeringelheimpetrebates.com>.  \r\n\r\n\r\n",
    "decision_domains": {
        "BOEHRINGERINGELHEIMPETREBASTES.COM": "TRANSFERRED",
        "BOEHRINGERINGILHEIMPETREBATES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}