The Complainant is a German family-owned pharmaceutical enterprise with a history tracing back to 1885, when Albert Boehringer established the company in Ingelheim am Rhein. Over the years, the Complainant’s group has grown into a global, research-driven organization employing approximately 53,500 people. Its operations are divided into two primary sectors: Human Pharma and Animal Health. In 2023, the group reported net sales amounting to 25.6 billion euros.<\/p>\n
According to the Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the disputed domain name and is not related in any way to the Complainant’s business.<\/p>\n
The Registrar of the disputed domain name confirmed that the Respondent is the current Registrant, and that English is the language of the registration agreement.<\/p>\n
The facts asserted by the Complainant are not contested by the Respondent.<\/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": "
No administratively compliant Response has been filed.<\/b> <\/p>\n
PARTIES CONTENTIONS:<\/p>\n
COMPLAINANT:<\/p>\n
First element: Confusingly similar to the protected mark <\/strong><\/p>\n The Complainant argues that the disputed domain name is confusingly similar to its BOEHRINGER trademark and related domain names because the trademark is entirely included within the disputed domain name. The addition of the term \"GO\" does not sufficiently differentiate the domain name from the trademark, as it does not alter the overall impression of the name being associated with the Complainant’s brand. Moreover, the Complainant asserts that the inclusion of the generic top-level domain (gTLD) \".COM\" does not affect the overall impression of the designation as being connected to the Complainant’s trademark.<\/p>\n Second element: Rights or legitimate interest<\/strong><\/p>\n The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n The Complainant claims that the Respondent is not identified in the Whois database as the registrant of the disputed domain name.<\/p>\n Further, the Complainant asserts that it is not related in any way to the Respondent has not authorized or licensed the Respondent to use the BOEHRINGER-INGELHEIM trademark or to register the disputed domain name.<\/p>\n The Complainant notes that the disputed domain name resolves to an event-related website prominently featuring the Complainant’s trademark. This site may be intended to collect personal information from the Complainant's clients, posing a risk of deception. Consequently, according to the Complainant, the Respondent’s use of the domain name cannot be considered a bona fide offering of services or fair use, as it is likely to mislead users into believing they are interacting with the Complainant’s official website.<\/p>\n Third element: The domain name has been registered and is being used in bad faith<\/strong><\/p>\n The Complainant asserts that the disputed domain name has been registered and is being used in bad faith.<\/p>\n The Complainant argues that the disputed domain name closely resembles its well-known trademark, BOEHRINGER. This assertion is supported by at least two past UDRP decisions recognizing the trademark’s notoriety. Additionally, the domain redirects to a website prominently displaying the Complainant’s logo, suggesting that the Respondent was aware of the Complainant’s rights at the time of registration.<\/p>\n According to the Complainant, given the distinctiveness and reputation of the BOEHRINGER trademark, it is reasonable to conclude that the Respondent registered and is using the disputed domain name with full knowledge of the Complainant's trademark. The disputed domain name resolves to an event-related website featuring the Complainant’s trademark but does not contain any information about the Respondent. The Complainant claims such use creates a likelihood of confusion, intentionally drawing users to the website for commercial gain by implying a connection to the Complainant. Additionally, the website may facilitate the collection of personal information.<\/p>\n For these reasons, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n RESPONDENT:<\/p>\n The Respondent did not submit an administratively compliant response to the Complaint.<\/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": " On December 4, 2024 the Respondent was notified by the dispute resolution provider (“Provider”) regarding the commencement of the instant UDRP proceedings. In this notice, the Respondent was properly advised that the deadline for their response in the CAC online platform was within 20 days of commencement, with the option to request an additional 4 calendar-day extension of the deadline.<\/p>\n On December 20, 2024, the Provider sent the Respondent a reminder, informing them that the deadline for filing the response on the online platform would expire on December 24, 2024.<\/p>\n On December 20, 2024, the Respondent contacted the Provider via email as follows:<\/p>\n “Greetings,<\/em><\/p>\n I purchased this domain on behalf of our client from GoDaddy. The domain was available when I purchased it back in November, 2024. It is intended to be used at an event in January.<\/em><\/p>\n May I receive more information regarding why it is being disputed and what the next actions are? <\/em><\/p>\n Regards, <\/em><\/p>\n Kelley Stam”<\/em><\/p>\n In response to the Respondent’s above email, on December 23, 2024, the Provider emailed the Respondent and reaffirmed that the UDRP proceedings had been commenced against them, that a response had to be submitted via the online platform, and that the deadline for filing the response was due to expire on December 24, 2024. <\/p>\n The Provider advises that the Respondent accessed the online platform. However, no response was received via the online platform, nor was there a request to extend the deadline, nor did the Respondent provide any further communication regarding the proceedings subsequent to their informal enquiry email of December 20, 2024 reproduced above. As such, no administratively compliant Response was received within the Response deadline or thereafter. <\/span><\/p>\n Accordingly, 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.<\/em><\/p>",
"decision": "Accepted",
"panelists": [
"Claire Kowarsky"
],
"date_of_panel_decision": "2025-01-06 00:00:00",
"informal_english_translation": " The Complainant is the owner of the following registered trademark:<\/p>\n Mark<\/p>\n<\/td>\n Territory<\/p>\n<\/td>\n Registration No.<\/p>\n<\/td>\n Registration date<\/p>\n<\/td>\n Classes<\/p>\n<\/td>\n<\/tr>\n BOEHRINGER<\/p>\n (word)<\/p>\n<\/td>\n IR Designations - AG - AU - BQ - CW - DK - EE - FI - GB - GE - IE - IS - JP - KR - LT - NO - SE - SG - SX - TM - TR - UZ – ZM - AL - AM - AZ - BA - BG - BT - BY - CH - CN - CU - DZ - EG - HR - HU - KE - KG - KP - KZ - LI - LR - LS - LV - MA - MC - MD - ME - MK - MN - MZ - PL - RO - RS - RU - SD - SI - SK - SL - SM - SZ - TJ - UA – VN<\/p>\n<\/td>\n 799761<\/p>\n <\/p>\n<\/td>\n 02.12.2002<\/p>\n <\/p>\n<\/td>\n 01, 03, 05, 10, 16, 30, 31, 35, 41, 42, 44<\/p>\n <\/p>\n <\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n In addition, the Complainant owns at least one domain name including the term BOEHRINGER, namely <boehringer-ingelheim.com>.<\/p>",
"decision_domains": {
"boehringergo.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n\n
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