{ "case_number": "CAC-UDRP-103751", "time_of_filling": "2021-04-22 09:29:49", "domain_names": [ "boehringeringelheipetrbates.com", "boehringerringelheempetrebates.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Whois Privacy Corp." ], "respondent_representative": null, "factual_background": "The Complainant is a German family-owned pharmaceutical group of companies with origins dating back to 1885, when it was founded by Albert Boehringer in Ingelheim am Rhein.\r\n\r\nEver since, the Complainant has become a global research-driven pharmaceutical enterprise and has today about 140 affiliated companies worldwide, with approximately 52,000 employees. Its three business areas are \"human pharmaceuticals\", \"animal health\" and “biopharmaceuticals”. In 2020, net sales of the Boehringer group of companies amounted to around 19,6 billion Euros.\r\n\r\nThe disputed domain names and were registered on April 16, 2021 and resolve to a parking page with commercial links. ", "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\nThe Complainant contends that the disputed domain names are confusingly similar to its trademark BOEHRINGER-INGELHEIM.\r\n\r\nThe misspellings in the trademark BOEHRINGER-INGELHEIM, i.e., the deletion of the letter “M” in the disputed domain name , or the addition of the letter “R”, in the domain name , and the substitution of letter “I” by the letter “I”, are not sufficient to escape the finding that the domain names are confusingly similar to its trademarks. It does not change the overall impression of the designations as being connected to the Complainant’s trademarks.\r\n\r\nBesides, the addition of the terms “PET RBATES” or “PET REBATES” is not sufficient to escape the finding that the disputed domain names are confusingly similar to the trademark BOEHRINGER-INGELHEIM. The overall impression of the designations as being connected to the Complainant’s trademark remains the same. Rather, this addition worsens the likelihood of confusion, as it directly refers to the Complainant’s website at https:\/\/www.boehringeringelheimpetrebates.com\/.\r\n\r\nThe Complainant further asserts that the Respondent lacks rights or legitimate interests in the disputed domain names. \r\n\r\nThe Respondent is not affiliated with, nor authorized by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Complainant did not license nor authorized the Respondent to make any use of the Complainant’s trademark or to apply for the registration of the disputed domain names.\r\n\r\nFurthermore, the disputed domain names resolve to a parking page with commercial links. This practice does not amount to a bona fide offering of goods or services or to a legitimate non-commercial or fair use of the disputed domain names.\r\n\r\nLastly, the Complainant maintains that the disputed domain names were registered and have been used in bad faith. \r\n\r\nThe Complainant's trademark is distinctive and well-known. It is therefore inconceivable that the Respondent registered the disputed domain names without being aware of the Complainant's trademark. The Complainant is of the opinion that the Respondent registered the disputed domain names to create confusion with the domain name , used by the Complainant to offer rebates on its pet health products. \r\n\r\nThe disputed domain names resolve to a parking page with commercial links. The Complainant contends the Respondent has attempted 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.", "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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2021-05-28 00:00:00", "informal_english_translation": "The Complainant owns a large portfolio of trademarks including the wording “BOEHRINGER INGELHEIM” in several countries, such as the international trademark BOEHRINGER-INGELHEIM n°221544, registered since July 2, 1959 and duly renewed, designating several countries and claiming protection for goods in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32, as well as the international trademark BOEHRINGER INGELHEIM, No. 568844, registered since March 22, 1991 for goods in classes 1, 2, 3, 4, 5, 9, 10, 16, 30 and 31, and duly renewed. \r\n\r\nIn addition, the Complainant owns multiple domain names including the wording \"BOEHRINGER INGELHEIM\", among which , registered on August 14, 2019. This domain name is used to offer the Complainant's pet food at reduced prices. ", "decision_domains": { "BOEHRINGERINGELHEIPETRBATES.COM": "TRANSFERRED", "BOEHRINGERRINGELHEEMPETREBATES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }