According to the information provided by the registrar the disputed domain name <boehringer-ingelhem.com> was registered on 6 April 2023.<\/p>\n
According to the information provided by Complainant the disputed domain name does not resolve to an active website. <\/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": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
COMPLAINANT:<\/p>\n
According to the evidence submitted by Complainant, 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.
Complainant submits that the disputed domain name is confusingly similar to Complainant's trademark. According to Complainant this is a clear case of typosquatting, as the disputed domain name contains an obvious misspelling of Complainant’s trademark, as only the letter “i” in the Ingelheim part of the trademark is deleted in the disputed domain name.
According to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Respondent is not related in any way with the business of Complainant. Complainant does not carry out any activity for, nor has any business with Respondent. Neither license nor authorization has been granted to Respondent to make any use of Complainant’s trademark. According to Complainant the disputed domain name is a typosquatted version of the BOEHRINGER-INGELHEIM trademark.
Furthermore, the disputed domain name does not resolve to an active website which does not result in rights or legitimate interest.
According to Complainant the disputed domain name has been registered and is being used in bad faith. Given the distinctiveness of Complainant's trademark and its reputation, it is reasonable to infer that Respondent has registered the disputed domain name with full knowledge of Complainant's trademark. Complainant’s trademarks are distinctive and well-known. Past Panels have confirmed the notoriety of Complainant’s trademarks.
Furthermore, the disputed domain name is inactive. Complainant contends that Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, an infringement of Complainant’s rights under trademark law, or an attempt to attract, for commercial gain, Internet users to his own website, by creating a likelihood of confusion with Complainant's trademark as to the source, sponsorship, affiliation or endorsement of Respondent's website.<\/p>\n
Finally, although the domain name appears to be unused, Complainant asserts that it has been set up with MX records which suggests that it may be actively used for email purposes.<\/p>", "rights": "
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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "
Complainant has, to the satisfaction of the Panel, shown 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": "
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": [ "Dinant T.L. Oosterbaan" ], "date_of_panel_decision": "2023-05-12 00:00:00", "informal_english_translation": "
According to the evidence submitted by Complainant, Complainant is the owner of International Trademark nr. 221544 BOEHRINGER-INGELHEIM registered on 2 July 1995.
<\/u><\/strong><\/p>",
"decision_domains": {
"boehrlnger-ingelhem.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}