{
    "case_number": "CAC-UDRP-101449",
    "time_of_filling": "2017-02-16 08:43:11",
    "domain_names": [
        "boehringer-inqelheim.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM INTERNATIONAL GMBH"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Tia Seki"
    ],
    "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 origins dating back to 1885, when it was founded by Albert Boehringer (1861-1939) in Ingelheim am Rhein.\r\n\r\nEver since, the Complainant has become a global research-driven pharmaceutical enterprise and has today about 140 affiliated companies worldwide, with approximately 46,000 employees. The two main activity areas are \"human pharmaceuticals\" and \"animal health\". In 2013, net sales of the Boehringer group of companies amounted to around 14,1 billion Euros.\r\n\r\nThe Complainant owns a large portfolio of trademarks including the wording \"BOEHRINGER INGELHEIM\" and the Complainant owns multiple domain names containing \"BOEHRINGER INGELHEIM\" among which <boehringer-ingelheim.com>, registered on September 1, 1995, and <boehringeringelheim.com> registered on July 4, 2004. \r\n\r\nThe disputed domain name <boehringer-inqelheim.com> was registered on February 13, 2017 by the Respondent.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its BOEHRINGER INGELHEIM trademarks and associated domain names as the disputed domain name constitutes a misspelled word of the Complainant’s registered trademarks. \r\n\r\nThe Complainant states that the replacement of the letter “G\" by the letter “Q” in the word INGELHEIM, and the use of the gTLD “.COM” is not sufficient to escape the finding that the disputed domain name <boehringer-inqelheim.com> is confusingly similar to the Complainant’s trademarks and it does not change the overall impression of the designation as being connected to the trademark BOEHRINGER INGELHEIM®.\r\n\r\nThe disputed domain name contains an obvious misspelling of the Complainant’s trademark. \r\n \r\nAccording to the Complainant, the Respondent does not have rights or legitimate interests in the disputed domain name.\r\n\r\nThe Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the disputed domain name. \r\n\r\nThe Complainant states that the Respondent is not affiliated with him nor authorized by him in any way. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant's trademark, or apply for registration of the disputed domain name by the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe disputed domain name points to a parking webpage displaying sponsored links related to the Complainant’s activity. The Complainant contends that it is not legitimate non-commercial or fair use of the disputed domain name. \r\n\r\nThus, the Complainant contends that the Respondent has no rights or legitimate interest in the disputed domain name, and has registered and used the disputed domain name only to create a likelihood of confusion with the Complainant’s trademarks. \r\n\r\nThe Complainant states that by registering the disputed domain name <boehringer-inqelheim.com> with the misspelling of the trademark BOEHRINGER INGELHEIM, this was intentionally designed to be confusingly similar with the Complainant’s trademarks.\r\n\r\nGiven the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks.\r\n\r\nThe Respondent uses the disputed domain name in connection with a website which points to a parking webpage displaying sponsored links related to the Complainant’s activity. The Complainant contends that this use is only to attract internet traffic.\r\n\r\nTherefore, 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 pending or decided legal proceedings relating 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": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2017-03-24 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the following trademarks:\r\n\r\n-\tBOEHRINGER INGELHEIM (word), the US, trademark registration No. 2096336, US serial No. 74667607, filed on April 26, 1995 and registered on September 16, 1997, covering goods in class 5;\r\n-\tBOEHRINGER INGELHEIM (word), international registration No. 221544 of July 2, 1959, covering goods in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32;\r\n-\tBOEHRINGER INGELHEIM (device), international registration No. 722462 of July 2, 1999, covering goods in classes 5, 10 and 30;\r\n-\tBOEHRINGER INGELHEIM (device), EUTM registration No. 000084657, registration date June 2, 1998 and duly renewed, covering goods in class 5; \r\n-\tBOEHRINGER (word), international registration No. 799761 of December 2, 2002, covering goods and services in classes 1, 3, 5, 10, 16, 30, 31, 35, 41, 42 and 44. ",
    "decision_domains": {
        "BOEHRINGER-INQELHEIM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}