{ "case_number": "CAC-UDRP-104233", "time_of_filling": "2021-12-14 09:09:04", "domain_names": [ "boehninger-lngelheim.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Cassie Gann" ], "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.\r\n\r\nEver 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.\r\n\r\nThe Complainant owns a large portfolio of trademarks including the wording “BOEHRINGER INGELHEIM” in several countries and multiple domain names consisting in the wording “BOEHRINGER INGELHEIM”, such as . \r\n\r\nThe disputed domain name was registered on December 7, 2021 and redirects to a parking page with commercial links .\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark BOEHRINGER-INGELHEIM and its domain names associated.\r\n\r\nThe obvious misspelling of the Complainant’s trademark, i.e. the substitution of the letters “R” and “I” by the letters “N” and “L”, is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name. The disputed domain name is such a very similar typosquatting domain and is in the view of Complainant confusingly similar to the Complainant’s trademark.\r\n\r\nThe Respondent contends that the Respondent is not known as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the WHOIS information was not similar to the disputed domain name. \r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOEHRINGER-INGELHEIM, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nFurthermore, the Complainant also claims that the disputed domain name is a typosquatted version of the trademark BOEHRINGER-INGELHEIM. Typosquatting is the practice of registering a domain name in an attempt to take advantage of Internet users’ typographical errors and can be evidence that a respondent lacks rights and legitimate interests in the domain name. \r\n\r\nFurthermore, the Complainant states that the disputed domain name resolves to a parking page with commercial links. Past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use. \r\n\r\nThus, the Complainant contends that the Respondent has no rights or legitimate interest in the disputed domain name.\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.\r\n\r\nTherefore, by registering the domain name with the misspelling of the trademark BOEHRINGER-INGELHEIM, the Complainant states that this practical was intentionally designed to be confusingly similar with the Complainant’s trademark. \r\n\r\nFurthermore, the disputed domain name resolves to a parking page with commercial links. The Complainant contends the Respondent has attempt to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith.\r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.", "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.", "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": [ "Jan Christian Schnedler, LL.M." ], "date_of_panel_decision": "2022-01-04 00:00:00", "informal_english_translation": "The Complainant owns a 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.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “BOEHRINGER INGELHEIM”, such as registered since September 1, 1995.\r\n\r\nThe disputed domain name was registered on December 7, 2021 and redirects to a parking page with commercial links.", "decision_domains": { "BOEHNINGER-LNGELHEIM.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }