Complainant states that it is “a German family-owned pharmaceutical group of companies with roots going back to 1885” and that it “has become a global research-driven pharmaceutical enterprise and has today over 53,000 employees.”<\/p>\n
The Disputed Domain Name was created on August 31, 2023, and is not being used in connection with an active website, but “MX servers are configured.”<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Name.<\/p>", "no_response_filed": "
Complainant contends, in relevant part, as follows:<\/p>\n
Paragraph 4(a)(i): Complainant states that the Disputed Domain Name is confusingly similar to the BOEHRINGER-INGELHEIM Trademark because “the reversal of the letters ‘I’ and ‘N’, is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name.”<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, “the Respondent is not identified in the Whois database as the disputed domain name”; Respondent “is not related in any way with the Complainant”; “[n]either license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOEHRINGER-INGELHEIM®, or apply for registration of the disputed domain name by the Complainant”; “the disputed domain name is a typosquatted version of the trademark BOEHRINGER-INGELHEIM®”; and “the disputed domain name resolves to an inactive page”, which means that “Respondent did not make any use of disputed domain name since its registration, and it confirms that Respondent has no demonstrable plan to use the disputed domain name.”<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, “the misspelling of the trademark BOEHRINGER-INGELHEIM®… was intentionally designed to be confusingly similar with the Complainant’s trademark”; “the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use”; and configuration of MX records “suggests that it may be actively used for email purposes.”<\/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 UDRP).<\/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 UDRP).<\/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 UDRP).<\/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": [ "Douglas Isenberg" ], "date_of_panel_decision": "2023-10-14 00:00:00", "informal_english_translation": "
Complainant states, and provides relevant evidence, that it “owns a large portfolio of trademarks including the wording ‘BOEHRINGER INGELHEIM’ in several countries,” including Int’l Reg. No. 221,544 for BOEHRINGER-INGELHEIM (registered July 2, 1959) and Int’l Reg. No. 568,844 for BOEHRINGER-INGELHEIM (registered March 22, 1991) (the “BOEHRINGER-INGELHEIM Trademark”).<\/p>", "decision_domains": { "boehrniger-ingelheim.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }