{ "case_number": "CAC-UDRP-104786", "time_of_filling": "2022-08-10 09:01:51", "domain_names": [ "boehringeringelheim.pics", "boehringeringelheim.quest", "boehringeringelheim.shop" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "fei na" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nThe Complainant is a German family-owned pharmaceutical group of companies founded by Albert Boehringer in Ingelheim am Rhein, Germany. Since being founded in 1885, BOEHRINGER INGELHEIM has become global research driven pharmaceutical enterprise with around 52,000 employees and its three main business areas are human pharmaceuticals, animal health and biopharmaceuticals. In 2021, BEOHRINGER INGELHEIM had net sales of 20.6 billion euros.\r\nThe Complainant is the owner of a number of trade marks, including registrations for the “Boehringer Ingelheim” and “Boehringer-Ingelheim” word marks.\r\nIn addition, the Complainant is also the owner of numerous domain names which feature the “Boehringer Ingelheim” and “Boehringer-Ingelheim” word marks such as which was registered by the Complainant in 1995 and is being used by the Complainant as their corporate website address.\r\nThe disputed domain names, , and (the ‘Domain Names’) were all registered on 7 August 2022. The websites attached to these domain names are all parking pages featuring commercial links.", "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 names , , and .", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\nCOMPLAINANT:\r\nThe Complainant contends that the three disputed domain names are identical to its registered trade marks.\r\nFurther, the Complainant argues that the addition of the new gTLD suffixes ‘.PICS’, ‘.QUEST’ and ‘SHOP’ are not sufficient to absolve the finding that the disputed domain names are identical to the Complainant’s 'Boehringer-Ingelheim' trade mark and such suffixes do not change the overall impression of the designations as being connected to its trade mark.\r\nThe Complainant also argues that the Respondent does not have any rights or legitimate interests in the three disputed domain names. In this respect, the Complainant contents that the Respondent is not known under any of the disputed domain names. In addition, the Complainant contends that the Respondent is not related in any way to the Complainant and the Complainant does not carry out any activity for, nor has any business with, the Respondent. The Complainant states it has not granted the Respondent any licence; nor has it authorised the Respondent to make any use of the Complainant's “Boehringer-Ingelheim” trade mark; nor has the Complainant authorised the registration of any of the 3 disputed domain names.\r\nFinally, the Complainant contends the Respondent does not have any rights or legitimate interest in the 3 disputed domain names because each of the disputed domain names resolves to a parking page featuring commercial links, which the Complainant contends is not a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\nIn addition to the above, the Complainant also contends that the disputed domain names have been registered and are being used in bad faith.\r\nThe Complainant alleges that the disputed domain names are identical to or confusingly similar to its well-known and distinctive “Boehringer-Ingelheim” trade mark. As a result of this distinctiveness, the Complainant contends that it is reasonable to infer that the Respondent has registered and used the disputed domain names with the full knowledge of the Complainant’s trade mark.\r\nIn addition, as the disputed domain names resolve to parking pages featuring commercial links. The Complainant contends the Respondent has used the Complainant’s trade mark in an attempt to attract internet users for commercial gain to such websites which the Complainant states constitutes evidence of bad faith.", "rights": "The Panel is satisfied the Complainant has shown the disputed domain names are identical or confusingly similar to the trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).", "no_rights_or_legitimate_interests": "The Panel is satisfied the Complainant has shown the Respondent to have no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii) of the Policy).", "bad_faith": "The Panel is satisfied the Complainant has shown the disputed domain names have been registered and are 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.\r\nThe Complainant, being represented by Name Shield S.A.S., first filed its complaint in relation to the disputed domain names with the Czech Arbitration Court (the ‘CAC’) on 8 August 2022. However, the Complainant had not been able to sufficiently identify the Respondent. Following a registrar verification, which identified the Respondent as 'Fei Na' said to be located in Dallas in American Samoa, the Complainant filed an amended complaint on 10 August 2022. The CAC than formally commenced proceedings on 10 August 2022 and the Respondent was notified of the complaint accordingly.\r\nThe Respondent failed to submit a response within the time frame required in the complaint or at all, and a ‘Notification of the Respondent’s Default’ was issued by the CAC on 31 August 2022.\r\nHaving received a Statement of Acceptance and Declaration of Impartiality, the CAC appointed Steve Palmer of Palmer Biggs IP Solicitors in the UK as the Panel in these UDRP proceedings.", "decision": "Accepted", "panelists": [ "Steve Palmer" ], "date_of_panel_decision": "2022-09-15 00:00:00", "informal_english_translation": "Boehringer Ingelheim Pharma GmbH & Co.KG (the ‘Complainant’) is the owner of a number of Trade Mark registrations internationally including for BEOHRINGER INGELHEIM and BEOHRINGER-INGELHEIM in various classes.", "decision_domains": { "BOEHRINGERINGELHEIM.PICS": "TRANSFERRED", "BOEHRINGERINGELHEIM.QUEST": "TRANSFERRED", "BOEHRINGERINGELHEIM.SHOP": "TRANSFERRED" }, "panelist": null, "panellists_text": null }