{
    "case_number": "CAC-UDRP-104075",
    "time_of_filling": "2021-10-12 09:14:54",
    "domain_names": [
        "jardiance.live"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim International GmbH"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Pearl Quest Computer Systems and Software Design LLC"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is part of a family-owned pharmaceutical group of companies with roots going back to 1885. The Complainant’s group has become a global research-driven pharmaceutical enterprise with about 52,000 employees. The main business areas of the Complainant are human pharmaceuticals, animal health and biopharmaceuticals. In 2020, net sales of the Complainant’s group of companies amounted to approximately EUR 19,6 billion. \r\n\r\nThe Complainant developed a prescription medicine used along with diet and exercise to lower blood sugar in adults with type 2 diabetes, and also to reduce the risk of cardiovascular death in adults with type 2 diabetes who have known cardiovascular disease. This medicine is sold under the registered word mark JARDIANCE which covers numerous countries all over the world. The Complainant also owns domain names comprising the same term, such as <jardiance.com> registered on April 29, 2008. \r\n\r\nThe disputed domain name <jardiance.live> was registered on October 6, 2021 and resolves to a parking page including sponsored 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 name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant considers the disputed domain name to be identical to trademarks in which it has rights. The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name. According to the Complainant, the Respondent does not use the disputed domain name in connection with any legitimate use. Also, according to the Complainant, the Respondent is not related in any way to the Complainant and has not been authorized to register or use the disputed domain name. Finally, the Complainant considers that the disputed domain name was registered and is being used in bad faith. The Complainant contends that the Respondent knew of the existence of the Complainant’s trademark. The Complainant further contends that the Respondent has attempted to attract Internet users to his own website thanks to the Complainant’s trademark for its own commercial gain.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant’s contentions.",
    "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": [
        "Flip Petillion"
    ],
    "date_of_panel_decision": "2021-11-16 00:00:00",
    "informal_english_translation": "The Complainant invokes the following registered trademark in this case:\r\n\r\n- JARDIANCE, international trademark No. 981336 registered since September 3, 2008 in class 5, and covering various countries.  ",
    "decision_domains": {
        "JARDIANCE.LIVE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}