{ "case_number": "CAC-UDRP-105039", "time_of_filling": "2022-12-02 11:14:02", "domain_names": [ "boehringerhealth.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "John Mark" ], "respondent_representative": null, "factual_background": "

The 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. Ever since, Boehringer has become a global research-driven pharmaceutical enterprise and has today about 140 affiliated companies world-wide with roughly 50,000 employees. The three business areas of Boehringer are: human pharmaceuticals, animal health and biopharmaceuticals. In 2017 alone, net sales of the Boehringer group of companies amounted to about EUR 18.1 billion.<\/p>\n

The disputed domain name <boehringerhealth.com> was registered on 14 November 2022 and redirects to the Complainant’s US website (https:\/\/www.boehringer-ingelheim.us\/<\/span>).<\/p>\n

The facts asserted by the Complainant are not contested by the Respondent.<\/p>", "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.<\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to its trademark, since the BOEHRINGER Trademark is reproduced in its entirety and the addition of the generic term \"health\" does not prevent the likelihood of confusion between the disputed domain name and the Complainant's trademark.<\/p>\n

<\/span>The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. T<\/span>he Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent. 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.<\/span><\/p>\n

Furthermore, the disputed domain name redirects to the Complainant’s website. The Complainant contends that the Respondent has made no demonstrable preparations to use the disputed domain name. Therefore, the Respondent is not using the disputed domain name for a bona fide offering of goods or services.<\/p>\n

Finally, the Complainant contends that the registration of disputed domain name confusingly similar to the well-known trademark of the Complainant and, thus, the constructive knowledge on behalf of the Respondent of the Complainant’s potential rights, as well as the redirection of the disputed domain name to the Complainant's website, clearly shows the Respondent’s bad faith in the registration and use of the disputed domain name.

The Complainant requests the transfer of the disputed domain name.<\/span><\/p>\n

RESPONDENT:<\/p>\n

No administratively compliant Response has been filed.<\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Ivett Paulovics" ], "date_of_panel_decision": "2023-01-09 00:00:00", "informal_english_translation": "

The Complainant is owner of the following registered trademarks:<\/p>\n