The Complainant belongs to the Boehringer Ingelheim Group, a German pharmaceutical company, one of the animal healthcare global leaders. The Complainant mentions that, as the number one global player in the pet and equine markets, the BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE Business Unit helps to provide longer and healthier lives for companion animals. As per the Complainant statements, the trademark \"NEXGARD\" is used by BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE to distinguish a drug delivered in a beef-flavoured chew that kills adult fleas and is indicated for the treatment and prevention of flea infestations and the treatment and control of tick infestations in dogs and puppies from eight weeks of age.<\/p>\n
The disputed domain name <nexgardbrasil.live> was registered on 5 January 2025. The Complainant filed a complaint on 16 January 2025.<\/p>\n The Complainant states that the disputed domain name <nexgardbrasil.live> is confusingly similar to its trademark \"NEXGARD\". In particular, in the Complainant's view, the addition of the geographical term “BRASIL” is not sufficient to escape the finding that the domain name is confusingly similar to the trademark \"NEXGARD\". Furthermore, the Complainant contends that <\/span>the Respondent is not identified in the Whois database as the disputed domain name and that the same Respondent is not affiliated with nor authorized by the Complainant in any way to use the trademark \"NEXGARD\". The Complainant also notes that the disputed domain name resolves to an error page, and that such use of the domain name in dispute may not be considered as a bona fide offering of goods or services nor as a legitimate noncommercial or fair use of the disputed domain name. Accordingly, it is the Complainant's view that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/span><\/p>\n Finally, the Complainant alleges that the disputed domain name has been registered and is being used in bad faith. In particular, in the Complainant's view, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark because of the distinctiveness and reputation of the trademark \"NEXGARD\" at the time in which the domain name in dispute was registered.<\/span><\/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": " The Complainant contends that the requirements of the Policy have been met and that the disputed domains name should be transferred to it. The Complainant makes a number of legal arguments and also supplies a set of annexes providing evidence of its activities and of the Respondent's use of the disputed domain name.<\/p>\n No administratively compliant Response has been filed by the Respondent. It ought to be indicated that the Centre sent the complaint but neither the written notice of the Complaint nor the advice of delivery thereof was returned to the Czech Arbitration Court. No other address for correspondence was found on the disputed domain name.<\/p>\n The notice of the Commencement of the administrative proceeding was therefore only sent by e-mail. Yet, the e-mail notice sent to postmaster@nexgardbrasil.live was returned back undelivered as the e-mail address had permanent fatal errors. The e-mail notice was also sent to <jhonsr.vsg@gmail.com>, but the CAC never received any proof of delivery or notification of undelivery. No further e-mail addresses could be found on the disputed site.<\/p>\n The Respondent never accessed the online platform.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>",
"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": [
"David-Irving Tayer"
],
"date_of_panel_decision": "2025-02-11 00:00:00",
"informal_english_translation": " The Complainant has evidenced to be the owner of various trademark registrations <\/strong>relating to its NEXGARD brand, including, but not limited to, the following:<\/p>\n word mark NEXGARD, European Union Intellectual Property Office (EUIPO), registration No.: 011855061, filed on 29 May 2013 and registered on 9 October 2013, duly renewed;<\/p>\n<\/li>\n word mark NEXGARD, international registration No. 1166496 registered of 29 May 2013, duly renewed since and claiming a protection in particular in Estonia, Finland, Greece, Israel, Mexico, China, Cyprus, Czech Republic, Spain, Croatia, Portugal, Russian Federation.<\/p>\n<\/li>\n<\/ul>\n Also, the Complainant has substantiated to own and use the domain name <nexgardbrasil.com.br> which resolves to the Complainant’s main website for the territory of Brasil, intended to promote the Complainant’s NEXGARD products and related services.<\/p>\n The disputed domain name <nexgardbrasil.live> was registered on 5 January 2025.<\/p>",
"decision_domains": {
"nexgardbrasil.live": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
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