{ "case_number": "CAC-UDRP-106727", "time_of_filling": "2024-07-18 12:58:11", "domain_names": [ "nexgarde-brasil.online" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Joao Santos" ], "respondent_representative": null, "factual_background": "

The Complainant, Boehringer Ingelheim Animal Health France, is an international leader in the pet and equine markets. The Complainant has provided evidence of ownership of the registrations for the marks \"NEXGARD”.<\/p>\n

The disputed domain name <nexgarde-brasil.online<\/strong>> was registered on 16 July 2024 directs points to a website selling pet food and accessories.<\/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:<\/strong><\/p>\n

The disputed domain name is confusingly similar to the Complainant’s trademarks NEXGARD and its domain names. The Complainant contends that the marks are entirely reproduced in the disputed domain name, with the addition of the letter “e” and the generic term “Brasil” to the mark.<\/p>\n

The Respondent is not commonly known by the disputed domain name. The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant equally asserts that the use of the domain name in connection to an active website offering pet products for sale, including goods branded to the Complainant’s trademark is neither fair, legitimate or non-commercial. On the contrary, the Complainant submits that the disputed domain name is used to disrupt the Complainant’s business and creates a false impression of affiliation to the Complainant.<\/p>\n

As regards the bad faith of the Respondent, the disputed domain name includes the distinctive and well-known trademark NEXGARD and directs to a website creating a false affiliation with the Complainant, while selling NEXGARD-branded goods. It is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/p>\n

RESPONDENT:<\/strong><\/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": [ "Arthur Fouré" ], "date_of_panel_decision": "2024-08-23 00:00:00", "informal_english_translation": "

The Complainant has provided evidence of ownership of the following trademarks:<\/p>\n