{
    "case_number": "CAC-UDRP-106711",
    "time_of_filling": "2024-07-16 12:58:42",
    "domain_names": [
        "nexgardbrasil.shop"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Epoca Cosmeticos Oficial"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"text-align: justify;\">The Complainant is active in the field of health products for animals.&nbsp;<\/p>\n<p><\/p>",
    "other_legal_proceedings": "<p>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": "<p><span>COMPLAINANT:<\/span><\/p>\n<p style=\"text-align: justify;\">The Complainant supports that the disputed domain name is confusingly similar to its prior trademarks since the sign NEXGARD is entirely comprised in the disputed domain name. The addition of the geographical element \"BRAZIL\" does not exclude the likelihood of confusion.<\/p>\n<p>The Complainant denies that the Respondent has any rights on the disputed domain name nor that the use of it amounts to a legitimate non-commercial use or a bona fide offering of goods and services for the purpose of the Policy.<\/p>\n<p style=\"text-align: justify;\">The Complainant contends that the disputed domain name was registered in bad faith as at the time of the registration the Respondent was certainly aware of the Complainant exclusive rights on the trademark NEXGARD. Furthermore the use of the disputed domain name is considered in bad faith as the website to which &lt;nexgardbrasil.shop&gt; redirected was confusingly similar to the Complainant's website and reproduced the Complainant's trademark used in the same field of business in which the Complainant is active.<\/p>\n<p>RESPONDENT:<\/p>\n<p>The Respondent did not file any administrative response.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2024-08-19 00:00:00",
    "informal_english_translation": "<p>The Complainant proved to be the owner of the following NEXGARD trademarks:<\/p>\n<p>- International trademark reg. n&deg; 1166496 registered since May 29, 2013;<\/p>\n<p>- European Union trademark reg. n&deg; 011855061 registered since October 9, 2013;<\/p>\n<p>- International trademark reg. n&deg; 1676177 registered since May 19, 2022.<\/p>",
    "decision_domains": {
        "nexgardbrasil.shop": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}