FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is a German family-owned pharmaceutical group of companies with roots dating back to 1885. It has around 50,000 employees, revenues of EUR 18.1 billion and specializes in human pharmaceuticals, animal health and biopharmaceuticals. <\/p>\n
The Complainant is the owner of various registered trademarks for the BOEHRINGER word mark including international registered trademark no. 799761, registered on December 2, 2002.<\/p>\n
The Complainant is the registrant of the domain name <boehringer.com>, registered on January 12, 2000.<\/p>\n
The disputed domain name was registered on November 25, 2022 and resolves to a Chinese website that is not affiliated to the Complainant.<\/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 contains as follows:<\/p>\n
The disputed domain name is confusingly similar to the Complainant’s BOEHRINGER registered trademark, which is reproduced in its entirety. The addition of the generic term “meso” is insufficient to escape a finding of confusing similarity. The overall impression is that the disputed domain name is connected to the said mark. A dictionary word coupled with a trademark does not create a new or different right to the mark or diminish confusing similarity. The addition of the generic Top-Level Domain suffix “.com” does not change the overall impression of the designation as being connected to the Complainant’s trademark. Previous cases under the Policy have confirmed the Complainant’s rights.<\/p>\n
The Respondent has no rights or legitimate interests in respect of the disputed domain name and is not related in any way to the Complainant. The Complainant does not carry out any activity with, nor has any business with the Respondent. Neither license nor authorization has been granted by the Complainant to the Respondent to make any use of the Complainant’s trademark or to apply for registration of the disputed domain name. The disputed domain name redirects to an unrelated website on which the Chinese content makes reference to a company named “Shenzhen Guangming District Huaili Technology Consulting Co., Ltd.”<\/p>\n
The disputed domain name is confusingly similar to and contains the Complainant’s well-known mark in its entirety. Given 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 said mark. Given the notoriety of the BOEHRINGER registered trademark it seems impossible for the Respondent to use the disputed domain name in good faith. The disputed domain name redirects to an unrelated website. By using the disputed domain name, the Respondent has intentionally attempted to attract for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on that website or location. The Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n
<\/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": [ "Andrew Lothian" ], "date_of_panel_decision": "2023-01-11 00:00:00", "informal_english_translation": "
Among others, the Complainant is the owner of the following International Registered Trademark:<\/p>\n
BOEHRINGER, word mark, registered on December 2, 2002 under number 799761 in use classes 1, 3, 5, 10, 16, 30, 31, 35, 41, 42 and 44, and designated in respect of over 60 territories.<\/p>", "decision_domains": { "boehringermeso.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }