{ "case_number": "CAC-UDRP-106710", "time_of_filling": "2024-07-16 12:59:49", "domain_names": [ "nexgard-brasil.online" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Raimundo Ramos" ], "respondent_representative": null, "factual_background": "

The Complainant belongs to the Boehringer Ingelheim Group, a German pharmaceutical company, which is one of the animal healthcare global leaders. The Complainant informs that, as the number one global player in the pet and equine markets, the BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE Business Unit helps to provide longer and healthier lives for companion animals.  As per the Complainant statements, the trademark \"<\/span>NEXGARD\" is used by  BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE to distinguish a drug delivered in a beef-flavoured chew that kills adult fleas and is indicated for the treatment and prevention of flea infestations and the treatment and control of tick infestations in dogs and puppies from eight weeks of age.<\/span><\/p>\n

The disputed domain name <nexgard-brasil.online> was registered on July 6, 2024.
<\/span><\/p>\n

The Complainant states that the disputed domain name <nexgard-brasil.online> is confusingly similar to its trademark \"NEXGARD\". In particular, in the Complainant's view, the addition of the geographical term “BRASIL” is not sufficient to escape the finding that the domain name is confusingly similar to the trademark \"NEXGARD\".  
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Furthermore, the Complainant contends that <\/span>the Respondent is not identified in the Whois database as the disputed domain name and that the same Respondent is not affiliated with nor authorized by the Complainant in any way to use the trademark \"NEXGARD\". The Complainant also notes that the disputed domain name resolves to a website selling a variety of products for pet, especially \"NEXGARD\" branded products and competitive products, and that such use of the domain name in dispute may not be considered as a bona fide offering of goods or services nor as a legitimate noncommercial or fair use of the disputed domain name.  Accordingly, it is the Complainant's view that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/span><\/p>\n

Finally, the Complainant alleges that the disputed domain name has been registered and is being used in bad faith. In particular, in the Complainant's view, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark because of the distinctiveness and reputation of the trademark \"NEXGARD\" at the time in which the domain name in dispute was registered. In addition, according to the Complainant, using the Complainant's mark NEXGARD to offer products for pet is clear evidence of bad faith as it is a way to disrupt the business of the owner of the relevant mark.<\/span><\/p>\n

<\/span><\/p>\n

<\/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´s contentions are summarized above.<\/p>\n

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NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n <\/div>\n<\/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": [ "Guido Maffei" ], "date_of_panel_decision": "2024-08-13 00:00:00", "informal_english_translation": "

The Complainant is the owner, amongst others, of the following trademark registrations:<\/p>\n

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1) International trademark \"NEXGARD\" n° 1166496 registered on May 29, 2013, and duly renewed for class 5;<\/span><\/p>\n

2) In<\/span>ternational trademark \"NEXGARD\" (dev.) n° 1676177 registered on May 19, 2022 for class 5;<\/span><\/p>\n

3) European Union trademark \"NEXGARD\" n°11855061 registered on October 9, 2013, and duly renewed for class 5.<\/span><\/p>\n

<\/p>\n <\/div>", "decision_domains": { "nexgard-brasil.online": "TRANSFERRED" }, "panelist": null, "panellists_text": null }