{ "case_number": "CAC-UDRP-106009", "time_of_filling": "2023-11-28 09:20:13", "domain_names": [ "proboehringer-ingelheim.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Carolina Rodrigues (Fundacion Comercio Electronico)" ], "respondent_representative": null, "factual_background": "

The Complainant is a pharmaceutical group of companies founded in 1885 with operations worldwide and with about 50 000 employees. Its main businesses are human pharmaceuticals and animal health. Net sales in 2018 amounted to about EUR 17.5 billion. <\/span><\/p>\n

Besides the International trademarks No. 221544 dated 2 July, 1959 and No. 568844 dated 22 March, 1991, the Complainant is also the registrant of numerous domain names incorporating that trademark, including in particular <boehringer-ingelheim.com> (since 1 September 1995).<\/p>\n

No information is known about the Respondent, Ms. Carolina Rodrigus, who registered the disputed domain name <proboehringer-ingelheim.com> on 20 November 2023. <\/span><\/p>\n

The disputed domain name currently redirects to a parking page with commercial links.<\/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

Identical or confusingly similar<\/span><\/em><\/strong><\/p>\n

The Complainant argues that the disputed domain name <proboehringer-ingelheim.com> and the Complainant's registered trademark BOEHRINGER-INGELHEIM are confusingly similar. <\/span><\/p>\n

Particularly, the Complainant contends that its trademarks are fully contained within the disputed domain name and points out that the addition of a particle ”-PRO” is less relevant and does alter the overall same impression the domain name and the registered trademark leave.<\/span><\/p>\n

The Complainant also points out that the applicable Top-Level suffix “.com” does not per se prevent likelihood of confusion.<\/span> <\/span><\/p>\n

No rights or legitimate interests<\/span><\/strong><\/p>\n

The Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making any businesses with the Complainant. Moreover, the Complainant states that the Respondent has not been licensed or authorized in other way to use the Complainant’s trademark nor to apply for or use any domain name incorporating such trademarks.<\/span><\/p>\n

Registered and used in bad faith<\/span><\/strong><\/p>\n

As far as bad faith registration is concerned, the Complainant states that due to its worldwide presence and considering that the Complainant’s sign “BOEHRINGER-INGELHEIM” is a well-known mark, the Respondents could not be unaware of the Complainant rights over the name BOEHRINGER-INGELHEIM at the time of the disputed domain name registration.<\/span><\/p>\n

Moreover, the Complainant contends that due to the fact that the disputed domain name a very similar version of the Complainant’s registered trademark, the Respondent chose to register the disputed domain name intentionally in order to create a confusion as to the business origin affiliation or endorsement. Now, the disputed domain name resolves to a parking page with commercial links, thus according to the Complainant, the Respondent is currently acting in bad faith.<\/span><\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not respond to the Complaint.<\/span><\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is confusingly similar to trademarks in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/span><\/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 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": [ "Hana Císlerová" ], "date_of_panel_decision": "2023-12-31 00:00:00", "informal_english_translation": "

The Complainant owns a considerable trademark portfolio, among others it is the registered owner of the international trademark BOEHRINGER INGELHEIM, No. 221544.<\/span><\/p>\n

The trademark was registered on 2 July 1959, in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32 of the International Nice Classification.<\/span><\/p>", "decision_domains": { "proboehringer-ingelheim.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }