{
    "case_number": "CAC-UDRP-106853",
    "time_of_filling": "2024-09-11 13:16:19",
    "domain_names": [
        "boehringers-ingelhelms.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Erik  Schnaser"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a German family-owned pharmaceutical group of companies founded in 1885 by Mr. Albert Boehringer in Ingelheim am Rhein.&nbsp; The Complainant employs around 53,500 people worldwide and operates in two business areas, \"human pharma\" and \"animal health\". In 2023, the Complainant realized net sales for Euros 25.6 billions.<\/p>\n<p>The disputed domain name was registered on September 4, 2024 and resolves to a parking page of the hosting provider.&nbsp; The Respondent has set up Mail exchange (\"MX records\") for the disputed domain name.&nbsp;<\/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>The Complainant contends that the disputed domain name is confusingly similar to its BOEHRINGER INGELHEIM mark. The substitution of the letter \"i\" with the letter \"l\" in the word \"ingelhelms\" and the addition of the letter \"s\" at the end of this word are obvious misspellings of the Complainant's mark and are typical of a typosquatting practice intended to create confusion.&nbsp;<\/p>\n<p>The Complainant further contends that the Respondent lacks rights or legitimate interests in the disputed domain name.&nbsp; The Respondent does not appear to be commonly known by the disputed domain name. The name of the Respondent does not coincide with the disputed domain name.&nbsp; The Respondent is not related tothe Complainant, and the Complainant does not carry out any activity for, nor has any business with the Respondent. The Complainant did not authorize the Respondent to make use of its BOEHRINGER INGELHEIM mark, including as part of the disputed domain name. The disputed domain name is a typosquatting of the Complainant's mark and, as such, is evidence of the Respondent's lacks of rights or legitimate interests. The disputed domain name resolves to a parking page; thus, the Respondent is not using the disputed domain name since its registration and there are no demonstrable plans to start using it.<\/p>\n<p>Finally, the Complainant contends that the Respondent registered and is being using the disputed domain name in bad faith. Given the distinctiveness and reputation of the Complainant's mark, and the nature of the disputed domain name, which is a typosquatting of the Complainant's mark, it is reasonable to infer that the Respondent was aware of the Complainant's mark at the time of the registration of the disputed domain name.&nbsp;<\/p>\n<p>The disputed domain name resolves to a parking page.&nbsp; Accordingly, the Respondent has not demonstrated any activity of the disputed domain name, and it is not possible to conceive any plausible actual or contemplated active use of the disputed domain name that would not be illegitimate. Finally, the disputed domain name has been set up with MX records, which suggests that it may be actively used for communication purposes. Such circumstance is also indicative of bad faith registration and use, because any email emanating from the disputed domain name could not be used for any good faith purpose.&nbsp;<\/p>\n<p>The Respondent did not file a Response and did not reply to the Complainant's contentions.<\/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": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2024-10-18 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of a large portfolio of trademarks consisting of, or including, the words \"Boehringer Ingelheim\", among which BOEHRINGER INGELHEIM, international registration No. 221544, registered on July 2, 1959, for goods and services in classes <span>01, 02, 03, 04, 05, 06, 16, 17, 19, 29, 30 and 32.<\/span><\/p>\n<p><span>The Complainant is also the owner of the domain name &lt;boehringer-ingelheim.com&gt;, registered on September 1, 1995, and used to resolve to the Complainant's official website.<\/span><\/p>",
    "decision_domains": {
        "boehringers-ingelhelms.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}