{ "case_number": "CAC-UDRP-107173", "time_of_filling": "2024-12-13 09:38:46", "domain_names": [ "boehringer-ingelheimnl.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Boehringer Ingelheim Pharma GmbH & Co.KG" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Calltraders" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Complainant is a German family-owned pharmaceutical group established in 1885 by Albert Boehringer in Ingelheim am Rhein. Since its inception, the Complainant has evolved into a global research-driven enterprise, employing approximately 53,500 individuals and generating net sales of EUR 25.6 billion in 2023.<\/p>\n

B<\/strong>. Respondent<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Respondent has failed to submit a Response in this UDRP administrative proceeding, resulting in the Complainant's allegations remaining unchallenged.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or concluded legal proceedings concerning the domain name <boehringer-ingelheimnl.com> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong>'s Submissions<\/strong><\/p>\n

The Complainant's contentions can be summarised as follows:<\/p>\n

A<\/strong>.1 The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant asserts that the disputed domain name <boehringer-ingelheimnl.com> is confusingly similar to the Complainant's trade mark and associated domain names. The inclusion of 'nl' as a geographical term does not diminish the likelihood of confusion, as it fails to alter the overall perception associated with the Complainant's trade mark. The incorporation of a registered trade mark within a domain name suffices to establish confusing similarity under the UDRP. The addition of the generic Top-Level Domain ('the TLD') suffix (<.com>) does not lessen the connection to the Complainant's trade mark or prevent confusion.<\/p>\n

A<\/strong>.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant must establish a prima facie<\/em> case that the Respondent holds no rights or legitimate interests in the disputed domain name. The Respondent has failed to demonstrate any such rights. The Complainant asserts that the Respondent has no affiliation, nor has it received permission or engaged in any commercial relationship with the Complainant. Additionally, the Complainant notes that the disputed domain name redirects to its official website, thereby undermining any claim of a bona fide<\/em> offering of goods or services by the Respondent. <\/p>\n

A<\/strong>.3 The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

The Complainant maintains that the disputed domain name <boehringer-ingelheimnl.com> exhibits confusing similarity to the trade mark BOEHRINGER INGELHEIM. The distinctive nature and reputation of the Complainant's trade mark suggest that the Respondent registered the disputed domain name with knowledge of the Complainant's rights. Moreover, the redirection of the disputed domain name to the Complainant's official website indicates bad faith, as it appears to exploit the well-established reputation of the Complainant's trade mark. The configuration of MX servers suggests that the disputed domain name may be used for email purposes, further reinforcing the perception of bad faith in the Respondent's actions.<\/p>\n

B<\/strong>.<\/span> Respondent<\/strong>'<\/span>s Submissions<\/strong><\/p>\n

The Respondent has defaulted in this UDRP administrative proceeding, failing to advance any substantive defence.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP Policy).<\/p>", "procedural_factors": "

The Panel is satisfied that all procedural requirements under the UDRP have been duly met, with no grounds preventing a decision from being issued. <\/p>", "decision": "Accepted", "panelists": [ "Yana Zhou" ], "date_of_panel_decision": "2025-01-13 00:00:00", "informal_english_translation": "

The Complainant, Boehringer Ingelheim, asserts rights to the following registered trade marks:<\/p>\n

• <\/span>International trade mark registration no. 221544, registered on 2 July 1959, for the word mark BOEHRINGER INGELHEIM, in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30, and 32 of the Nice Classification; and<\/p>\n

• <\/span>International trade mark registration no. 568844, registered on 22 March 1991, for the word mark BOEHRINGER INGELHEIM, in classes 1, 2, 3, 4, 5, 9, 10, 16, 30, and 31 of the Nice Classification.<\/p>\n

The aforementioned trade marks will be referred to as 'the Complainant's trade mark' or 'the trade mark BOEHRINGER INGELHEIM'. Furthermore, the Complainant owns numerous domain names incorporating the term 'boehringeringelheim', notably <boehringer-ingelheim.com>, registered in 1995 and actively utilised as the Complainant’s official website.<\/p>\n

The disputed domain name was registered on 10 December 2024 and currently resolves to the Complainant's official website.<\/p>", "decision_domains": { "boehringer-ingelheimnl.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }