{ "case_number": "CAC-UDRP-105479", "time_of_filling": "2023-05-29 09:10:31", "domain_names": [ "boehringer-ingeiheirn.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "NIANG ELHADJI" ], "respondent_representative": null, "factual_background": "

The Complainant is part of a family-owned pharmaceutical group of companies with roots going back to 1885. The Complainant’s group has become a global research-driven pharmaceutical enterprise with over 53,000 employees. The main business areas of the Complainant are human pharmaceuticals, animal health and biopharmaceutical contract manufacturing. In 2022, net sales of the Complainant’s group of companies amounted to approximately EUR 24.1 billion.<\/p>\n

The Complainant is the owner of registered marks comprising the terms “BOEHRINGER INGELHEIM” in several classes in numerous countries all over the world. The Complainant also owns domain names comprising the same terms, such as <boehringer-ingelheim.com> registered since 1995.<\/p>\n

The disputed domain name <<\/span>boehringer-ingeiheirn.com<\/span>> was registered on May 23, 2023. <\/span>According to evidence provided by the Complainant, the disputed domain name <\/span>resolved to a blank index page<\/span>.<\/span> The Panel observes that the <\/span><\/span>disputed domain name<\/span> is currently inactive. Contrary to the Complainant’s statement, no MX servers are configured in relation to the disputed domain name.<\/span><\/span><\/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 considers the disputed domain name to be confusingly similar to trademarks in which it has rights. The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name. According to the Complainant, the Respondent has not been authorized to register or use the disputed domain name. Also, according to the Complainant,<\/span> t<\/span>he <\/span>disputed domain name is a typosquatted version of the BOEHRINGER-INGELHEIM mark and the <\/span>Respondent does not use the disputed domain name in connection with any legitimate use. Finally, the Complainant considers that the disputed domain name was registered and is being used in bad faith. The Complainant contends that the Respondent knew of the existence of the Complainant’s trademark. The Complainant further contends that the Respondent registered and <\/span>uses<\/span> the disputed domain name to create a likelihood of confusion with the Complainant’s trademark as to source, affiliation or endorsement<\/span> of the Respondent’s website<\/span><\/span>.<\/span> <\/div>\n

RESPONDENT:<\/p>\n

The Respondent did not reply to the Complainant’s contentions.<\/span><\/div>", "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": [ "Flip Petillion" ], "date_of_panel_decision": "2023-07-05 00:00:00", "informal_english_translation": "

The Complainant invokes two registered trademarks in this case:<\/p>\n

    \n
  • BOEHRINGER-INGELHEIM., international trademark No. 221544 registered since July 2nd, 1959 in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32, and covering various countries;

    <\/li>\n
  • BOEHRINGER INGELHEIM, international trademark No. 568844 registered since March 22, 1991 in classes 1, 2, 3, 4, 5, 9, 10, 16, 30 and 31, and covering various countries.<\/li>\n<\/ul>", "decision_domains": { "boehringer-ingeiheirn.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }