{
    "case_number": "CAC-UDRP-104178",
    "time_of_filling": "2021-11-23 09:33:23",
    "domain_names": [
        "boehringer-ingeheim.org"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "khalid chemicals"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a pharmaceutical group of companies founded in 1885 with operations worldwide and with about 50 000 employees. Its main businesses are human pharmaceuticals and animal health. Net sales in 2018 amounted to about EUR 17.5 billion. \r\n\r\nBesides the International trademarks No. 221544 dated 2 July, 1959 and No. 568844 dated  22 March, 1991, the Complainant is also the registrant of numerous domain names incorporating that trademarks, including in particular  <boehringer-ingelheim.com> (since 1 September 1995) and <boehringeringelheim.com> (since July 4, 2004).\r\n\r\nNo information is known about the Respondent who registered the disputed domain name <boehringer-ingeheim.org> on 17 November, 2021. \r\n\r\nThe disputed domain name currently redirects to a WordPress Blog page with no content.",
    "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\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name <boehringer-ingeheim.org> and the Complainant's registered trademarks BOEHRINGER-INGELHEIM are confusingly similar. \r\n\r\nParticularly, the Complainant contends that its trademarks are fully contained within the disputed domain name and points out that the deletion of one letter is less relevant and does alter the overall same impression the domain name and the registered trademarks leave.\r\n\r\nThe Complainant also points out that the applicable Top-Level suffix “.org” does not per se prevent likelihood of confusion.\r\n\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making any businesses with the Complainant. Moreover, the Complainant states that the Respondent has not been licensed or authorized in other way to use the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that due to its worldwide presence and considering that the Complainant’s sign “BOEHRINGER-INGELHEIM” is a well-known mark, the Respondents could not be unaware of the Complainant rights over the name BOEHRINGER-INGELHEIM at the time of the disputed domain name registration.\r\n\r\nMoreover, the Complainant contends that registration of the domain name <boehringer-ingeheim.org> with the misspelling of the trademark BOEHRINGER-INGELHEIM is per se an indication of a bad faith action.\r\n\r\nFinally, the Complainant contends that the disputed domain name resolves to a template webpage with no content ever stored on it and that for all those reasons, it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not respond to the Complaint.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2021-12-19 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of the international trademark BOEHRINGER INGELHEIM, No. 221544.\r\nThe trademark was registered in 2 July 1959, in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32 of the International Nice Classification.\r\n\r\nThe Complainant owns also the international trademark BOEHRINGER INGELHEIM, No. 568844, registered on 22 March 1991 in classes 1, 2, 3, 4, 5, 9, 10, 16, 30 and 31 of the International Nice Classification.",
    "decision_domains": {
        "BOEHRINGER-INGEHEIM.ORG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}