The Complainant is a family-owned pharmaceutical group founded in 1885, by Albert Boehringer in Ingelheim am Rhein. BOEHRINGER INGELHEIM has become a global research-driven pharmaceutical enterprise and today has some 52,000 employees. The three business areas of the group are Human Pharma, Animal Health and Biopharmaceutical Contract Manufacturing. In 2021, the group had net sales of some EUR 20.6 billion. One of the Complainant’s products is MOBIC (generic name: meloxicam) a nonsteroidal anti-inflammatory drug (NSAID) that reduces hormones that cause inflammation and pain caused by osteoarthritis or rheumatoid arthritis.<\/p>\n
The disputed domain name <mobic.icu> was registered on 10 October 2023 and resolves to a page entitled “Buy Mobic (Meloxican) online – Best Price.” The tab “BUY SAFE” resolves to an online pharmacy entitled “Mobic – Pain Relief” where the Complainant’s MOBIC branded products are offered for sale. Nothing is known about the Respondent.<\/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 contends that the disputed domain name <mobic.icu> is identical to its trademark MOBIC and the disputed domain name includes the mark in its entirety. The Complainant says the addition of the new gTLD suffix “.ICU” does not change the overall impression or prevent the likelihood of confusion.<\/p>\n
As to Legitimate Rights and interests, the Complainant asserts that as the Respondent is not identified in the Whois as the disputed domain name, the Respondent is not commonly known by the disputed domain name. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and is not related in any way with the Complainant. The Complainant has no business dealings with the Respondent. Neither licence nor authorization has been granted to the Respondent. The Complainant says the use made of the disputed domain name does not represent a bona fide offering of goods or services or a legitimate use.<\/p>\n
As to bad faith, the Complainant contends that the disputed domain name <mobic.icu> is identical to its trademark MOBIC and includes it in its entirety. Moreover, the Complainant contends that the Respondent must have been aware of the Complainant’s trademark when it registered the disputed domain name as the disputed domain name resolves to a website that makes direct reference to the MOBIC products and offer these products for sale. The Respondent deliberately sought to use their goodwill to attract Internet users seeking the Complainant's product. The Respondent has registered and used the disputed domain name in order to deceive such Internet users seeking the Complainant's product, so as to generate revenue from selling unrelated or competing pharmaceuticals. This constitutes bad faith registration and use within the meaning of the Policy. Per WIPO Case No. D2016-0823, Boehringer Ingelheim Pharma GmbH & Co. KG. v. Williams Shorell.
<\/p>\n
RESPONDENT:<\/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": [ "David-Irving Tayer" ], "date_of_panel_decision": "2023-12-17 00:00:00", "informal_english_translation": "
The Complainant is the owner of the stylised word figurative mark MOBIC registered as an international mark no. 563599 in various countries and applied for on 28 November 1990. It indicated that it has many national marks and a portfolio of marks worldwide.<\/p>\n
The Complainant also owns several domain names including the word “MOBIC”, such as <mobic.info> registered since 2001.<\/p>", "decision_domains": { "mobic.icu": "TRANSFERRED" }, "panelist": null, "panellists_text": null }