{
    "case_number": "CAC-UDRP-105083",
    "time_of_filling": "2022-12-23 12:07:08",
    "domain_names": [
        "nexgardchewablesfordogs.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Danh Hao"
    ],
    "respondent_representative": null,
    "factual_background": "<p>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT<\/p>\n<p>The Complainant describes itself as the number one global player in the pet and equine pharmaceuticals markets.&nbsp;<\/p>\n<p>The Complainant uses the term \"NEXGARD\" for a drug delivered in a beef-flavoured chew that kills adult fleas and is indicated for the treatment and prevention of flea infestations and the treatment and control of tick infestations in dogs and puppies from eight weeks of age.<\/p>\n<p>The Domain Name was registered on 15 December 2022. It points to a website \"combining information regarding the Complainant&rsquo;s NEXGARD-branded product and blog templates\". The website also displays the stylised text registered trade mark described in the \"Identification of Rights\" section of this decision. The operator of the website is not identified in the \"ABOUT US&rdquo; section of the website.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name (the \"Domain Name\").<\/p>",
    "no_response_filed": "<p>The Complainant submits that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<br \/>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.&nbsp;<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the 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": "<p>The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown the 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": "<p>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": [
        "Matthew Harris"
    ],
    "date_of_panel_decision": "2023-02-01 00:00:00",
    "informal_english_translation": "<p>The Complainant relies upon various registered trade marks that comprise or incorporate the term &ldquo;NEXGARD&rdquo;. These include:&nbsp;<\/p>\n<ul>\n<li>International trade mark registration n&deg; 1166496 in class 5 in respect of NEXGARD as standard characters with a registration date of 29 May 2013, and which has proceeded to grant in approximately 50 territories;&nbsp;<\/li>\n<li>EU trade mark registration n&deg; <span>011855061<\/span>&nbsp;in class 5 in respect of NEXGARD as a word mark with a registration date of 9 October 2013; and&nbsp;<\/li>\n<li>International trade mark registration n&deg; 1676177 in class 5 with a registration date of 19 May 2022, which has proceeded to grant in Germany and the EU and which takes the form of the term \"NexGard\" in stylised text.<\/li>\n<\/ul>",
    "decision_domains": {
        "nexgardchewablesfordogs.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}