{
    "case_number": "CAC-UDRP-101450",
    "time_of_filling": "2017-02-20 09:52:39",
    "domain_names": [
        "COMBIVENT.ONE"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM PHARMA GMBH & CO.KG"
    ],
    "complainant_representative": "Nameshield (Maxime Benoist)",
    "respondent": [
        "Price Savers"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a family­ owned pharmaceutical group of companies with roots going back to 1885, when it was founded by Albert Boehringer (1861­1939) in Ingelheim am Rhein.\r\n\r\n“COMBIVENT” is a multivitamin and mineral supplements brand developed to enhance people's physical and mental well­being. COMBIVENT is indicated for use in patients with chronic obstructive pulmonary disease (COPD) on a regular aerosol bronchodilator (inhaler) who continue to have evidence of bronchospasm (airway narrowing) and who require a second bronchodilator.\r\n\r\nOn January 30th, 2017, a cease and ­desist letter was sent by email to the Respondent at “red.gloss32@gmail.com”. The Respondent did not answer to this cease and desist letter. Before the cease and desist letter was sent, the website was inactive; the Respondent did only activate the website after receiving the letter.\r\n\r\nReference was made also to:\r\n\r\n-\tCAC case N° 101036, Boehringer Ingelheim Pharma GmbH & Co. KG vs. SKYRXSHOP <dulcolax.xyz>\r\n\r\n-\tWIPO Case no. D2014-0306 Boehringer Ingelheim Pharma GmbH & Co. KG v. Klinik Sari Padma, BAKTI HUSADA\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the Disputed domain name. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Disputed domain name to be 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 to have been registered and 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 that there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2017-03-15 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks containing the name “COMBIVENT”, all registered well before the Respondent registered the Disputed domain name, including:\r\n\r\n- EU trademark 000612911 (word trademark COMBIVENT; filing date 11\/08\/1997; registration date 15\/11\/1999; class 5: \"pharmaceutical and veterinary preparations\");\r\n- Tunisian trademark TN\/E\/1997\/210 (combined trademark COMBIVENT; registration date 04\/02\/1997; class 5 \"pharmaceutical and hygienic preparations\") (the Panel notes that the Respondent is based in Tunisia);\r\n- German trademark 1144867 (word trademark COMBIVENT; filing date 29\/07\/1989; registration date 18\/08\/1989; class 5).\r\n\r\nThe Complainant filed evidence that it is actively using at least its word trademarks. \r\n\r\nThe Complainant also provided evidence that it owns several domain names containing the name “COMBIVENT”, including <combivent.com>, <combivent.de>, <combivent.fr>, and <combivent.eu>, all registered well before the Respondent registered the Disputed domain name.\r\n\r\nFinally, the Complainant filed evidence that it registered its international trademark \"COMBIVENT\" with the Trademark ClearingHouse, well before the Respondent registered the Disputed domain name on 16\/01\/2017.\r\n",
    "decision_domains": {
        "COMBIVENT.ONE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}