{ "case_number": "CAC-UDRP-103726", "time_of_filling": "2021-04-09 09:27:14", "domain_names": [ "boehringerigngelheimpetrebates.com", "boehringeringelheimpeterbates.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": "The Complainant (Boehringer Ingelheim Pharma GmbH & Co.KG). is German 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.\r\n\r\nThe disputed domain names and were both registered on 1 April 2021 and are held by the Respondent. \r\n\r\nThe domain name websites (i.e. websites available under internet address containing the disputed domain names) are not genuinely used and merely redirect to a third party parking page with various commercial links.\r\n\r\nThe Complainant seeks transfer of the disputed domain names to 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 Parties' contentions are the following:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\n- The Complainant’s trademarks are distinctive and well-known trademarks. Past panels have confirmed the notoriety of the trademark consisting of the term \"BOEHRINGER-INGELHEIM\" in various UDRP case;\r\n\r\n- The disputed domain names contain “BOEHRINGER” and “INGELHEIM” word elements, and it is thus almost identical (i.e. confusingly similar) to Complainant’s trademarks; \r\n\r\n- As for the first disputed domain names, an addition of letter \"G” to into the word INGELHEIM (i.e. forming IGNGELHEIM) is not sufficient to escape confusingly similarity between the disputed domain names and Complainant’s trademarks;\r\n\r\n- As for the second disputed domain name, the only difference between the Complainant’s trademarks and the said disputed domain name is a term “PETERBATES”, which is a misspelled version of the descriptive term “pet rebates\"; and\r\n\r\n- Both disputed domain names represent a clear case of so called “typosquatting” which means that the disputed domain names are based on combination of the Complainant’s trademark \" BOEHRINGER-INGELHEIM\" and the misspelled term pet rebates \"(i.e. PETERREBATES\").\r\n\r\n\r\nThus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain names is clearly established.\r\n\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\n- The Respondent has not been commonly known by the disputed domain names;\r\n\r\n- The Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain names;\r\n\r\n- Furthermore, the disputed domain names link to a parking page. Therefore, the Complainant contends that Respondent has not made any genuine use of disputed domain names since its registration, and it confirms that Respondent has no demonstrable plan to use the disputed domain names;\r\n\r\n- Besides, the Complainant contends that the Respondent choose to register the disputed domain names to create a confusion with Complainant's domain name used by the Complainant to offer rebates on pet health products; and\r\n \r\n- The Complainant refers to previous domain name decisions in this regard. \r\n\r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\n- Seniority of the Complainant's trademarks predates the disputed domain names registration and such trademarks are well known in relevant business circles. The Respondent can be considered to be aware of the Complainant's trademark when registering the disputed domain names due to well-known character thereof, which should have been checked by the Respondent by performing a simple internet search; \r\n\r\n- The disputed domain names (at the time of filing of the complaint) resolve to a mere parking site with no genuine content. In the light of the foregoing, the Complainant asserts that the disputed domain names were registered and used with the sole purpose of selling the disputed domain names to the Complainant or a third party;\r\n\t\r\n- It is well-founded that registration of the disputed domain names that are confusingly similar to the Complainant’s trademarks which enjoys strong reputation, plus other facts, such as above described non-use of the disputed domain names and Respondent’s engagement in typosquatting, are sufficient to establish bad faith under the 4(a)(iii) of the Policy;\r\n\r\n- The Complainant refers to previous domain name decisions contending that registering a domain name (i) incorporating trademarks that enjoy high level of notoriety and well-known character and at the same time (ii) abusing typosquatting, constitute prima facie registration in bad faith, despite a fact that such domain names are not genuinely used;\r\n\r\n- The Complainant refers to previous domain name decisions in this regard. \r\n\r\n\r\nThe Complainant presents the following evidence, which has been assessed by the Panel:\r\n\r\n- Information about the Complainant and its business;\r\n\r\n- Excerpts from trademark database regarding Complainant's trademarks;\r\n\r\n- Excerpts from WHOIS database regarding Complainant's domain names;\r\n\r\n- Excerpt from WHOIS database regarding disputed domain names;\r\n\r\n- Screenshots of the disputed domain names websites (evidencing non genuine use of the same);\r\n\r\n- Screenshots of the website used by the Complainant. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not provided 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 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": [ "JUDr. Jiří Čermák" ], "date_of_panel_decision": "2021-05-15 00:00:00", "informal_english_translation": "The Complainant is, inter alia, a registered owner of the following trademark containing word elements \"BOEHRINGER“ and „INGELHEIM”:\r\n\r\n(i) BOEHRINGER-INGELHEIM (word), International (WIPO) Trademark, registration date 2 July 1959, trademark no. 221544, registered for goods in classes 1, 2, 3, 4, 5, 6, 16, 17, 29, 29, 30 and 32; and\r\n\r\n(ii) BOEHRINGER-INGELHEIM (stylised letters), International (WIPO) Trademark, registration date 22 March 1991, trademark no. 568844, registered for goods in classes 1, 2, 3, 4, 5, 6, 16, 17, 29, 29, 30 and 32;\r\n\r\nbesides other trademarks consisting of the \" BOEHRINGER “ or „INGELHEIM\" denominations (collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the terms “BOEHRINGER“ and „INGELHEIM”, for example domain name used by the Complainant to offer rebates on pet health products.", "decision_domains": { "BOEHRINGERIGNGELHEIMPETREBATES.COM": "TRANSFERRED", "BOEHRINGERINGELHEIMPETERBATES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }