{
    "case_number": "CAC-UDRP-104042",
    "time_of_filling": "2021-09-30 08:51:42",
    "domain_names": [
        "boehrinqer-inqelheim.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Obrain Group"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a 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. Ever since, BOEHRINGER INGELHEIM has become a global research-driven pharmaceutical enterprise and has today about roughly 52,000 employees. The three main business areas of BOEHRINGER INGELHEIM are: human pharmaceuticals, animal health and biopharmaceuticals. In 2020, BOEHRINGER INGELHEIM achieved net sales of 19.6 billion euros. The disputed domain name <boehrinqer-inqelheim.com> was registered on September 24, 2021.\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 name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nGiven Complainant's prominence in the pharmaceutical market it is well-known, and in its niche it is famous. Since BOEHRINGER INGELHEIM is a corporate name that is both distinctive as a mark and distinctive in the marketplace, it is inconceivable that Respondent was unaware of it and registered the domain name for its brand value. The domain name has no independent value except for its association with Complainant.\r\n\r\nThe Complainant states that the disputed domain name <boehrinqer-inqelheim.com> is a typosquatted version of the trademark BOEHRINGER-INGELHEIM® and thus confusingly similar to its trademark BOEHRINGER-INGELHEIM® and its associated domain names. The obvious misspelling of the Complainant’s trademark, i.e. the substitution of the letters “G” by the letter “Q”, is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name. On a side-by-side comparison, the spelling variation is confusingly similar to the Complainant’s trademark. The gTLD is not relevant in the assessment of confusing similarity.\r\n\r\nThe Complainant contends that it has not granted authority or permission to register or use the disputed domain name nor is Respondent commonly known by that name but as “Obrain Group”. Nothing about the domain name or its redirection constitutes making use, or demonstrable preparations for use, of the disputed domain name in connection with a bona fide offering of goods or services, or of making a legitimate non-commercial or fair use of the disputed domain name. Thus, Respondent lacks rights or legitimate interest in the disputed domain name which is typosquatting Complainant's trademark.\r\n\r\nThe Complainant contends further that it is inconceivable that Respondent registered the disputed domain name without actual knowledge of Complainant's legal rights. Finally, Complainant also points out that Respondent has engineered code changes to the MX code. These preparatory steps (configuring `MX' or mail exchange records) have been considered in relation to `use' for the purposes of the Policy by other Panels.\r\n\r\nGiven the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark. The sole inference from the evidence presented is that Respondent registered and is using the disputed domain name in bad faith.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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 name (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 has been registered and is 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": [
        "Gerald M. Levine, Ph.D, Esq."
    ],
    "date_of_panel_decision": "2021-10-25 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, and the international trademark BOEHRINGER INGELHEIM® n°568844 registered since March 22, 1991. Furthermore, the Complainant owns multiple domain names consisting in the wording “BOEHRINGER INGELHEIM”, such as <boehringer-ingelheim.com> registered since September 1, 1995.",
    "decision_domains": {
        "BOEHRINQER-INQELHEIM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}