{
    "case_number": "CAC-UDRP-108030",
    "time_of_filling": "2025-10-09 09:40:00",
    "domain_names": [
        "merialhealth.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOEHRINGER INGELHEIM ANIMAL HEALTH FRANCE "
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Carolina Rodrigues (Fundacion Comercio Electronico)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The <strong>Complainant<\/strong>, Boehringer Ingelheim Animal Health France, is a global leader in the pet and equine markets, dedicated to promoting longer and healthier lives for companion animals. The company Merial was integrated into the Complainant&rsquo;s corporate group in 2017.<\/p>\n<p>The <strong>disputed domain name<\/strong> &lt;merialhealth.com&gt; was registered on 29 October 2024 and is held by the Respondent.<\/p>\n<p>The <strong>disputed domain name website<\/strong> (i.e. website available under internet address containing the disputed domain name) is currently inactive and contains no genuine content accessible to the public; it merely resolves to a parking page displaying pay-per-click links.<\/p>\n<p>The Complainant seeks the transfer of the disputed domain name to the Complainant.<\/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><strong>COMPLAINANT:<\/strong><\/p>\n<p>A) CONFUSING SIMILARITY<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The disputed domain name is confusingly similar to the Complainant&rsquo;s trademark MERIAL. The addition of the generic term &ldquo;HEALTH&rdquo;, which relates to the Complainant&rsquo;s field of activity, does not eliminate the likelihood of confusion and does not alter the overall impression of association with the Complainant&rsquo;s mark.<\/li>\n<li>It is well established under the Policy that a domain name wholly incorporating a registered trademark is sufficient to establish confusing similarity.<\/li>\n<li>The inclusion of the &ldquo;.com&rdquo; generic Top-Level Domain (gTLD) is irrelevant to the assessment of confusing similarity and does not distinguish the disputed domain name from the Complainant&rsquo;s trademark.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>B) NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The Complainant has made a prima facie showing that the Respondent lacks rights or legitimate interests in the disputed domain name.<\/li>\n<li>The Respondent is not identified in the WHOIS database by the disputed domain name and is not commonly known by it.<\/li>\n<li>The Respondent is not affiliated with, authorized by, or licensed by the Complainant in any way.<\/li>\n<li>The Complainant has not permitted the Respondent to use its MERIAL trademark (Complainant&rsquo;s trademark) or to register the disputed domain name.<\/li>\n<li>The disputed domain name resolves to a parking page with commercial pay-per-click links related to the Complainant&rsquo;s activities.<\/li>\n<li>Such use does not constitute a bona fide offering of goods or services or a legitimate non-commercial or fair use.<\/li>\n<li>The Respondent therefore has no rights or legitimate interests in the disputed domain name.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>C) BAD FAITH REGISTRATION AND USE<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>\n<p>The disputed domain name is confusingly similar to the Complainant&rsquo;s trademarks, all registered years before the disputed domain name.<\/p>\n<\/li>\n<li>The term &ldquo;MERIAL&rdquo; is strongly associated with the Complainant, as search results predominantly refer to the Complainant and its health-related activities.<br \/><br \/><\/li>\n<li>It is inconceivable that the Respondent registered the disputed domain name without actual knowledge of the Complainant&rsquo;s trademark rights.<br \/><br \/><\/li>\n<li>The disputed domain name resolves to a parking page with commercial pay-per-click links related to the Complainant&rsquo;s field, indicating an intent to attract internet users for commercial gain by creating confusion with the Complainant&rsquo;s mark.<br \/><br \/><\/li>\n<li>The Respondent is responsible for the content and use of the domain name, which demonstrates bad faith.<\/li>\n<li>\n<p>The Respondent has a history of involvement in multiple UDRP cases, including previous disputes with the Complainant.<\/p>\n<\/li>\n<\/ul>\n<p><strong>RESPONDENT:<\/strong><\/p>\n<p>The Respondent has not provided any response to the Complaint.<\/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": [
        "Jiří Čermák"
    ],
    "date_of_panel_decision": "2025-11-10 00:00:00",
    "informal_english_translation": "<p>The Complainant is, inter alia, a registered owner of the following <strong>trademark<\/strong> containing a word element \"MERIAL&rdquo;:<\/p>\n<p>(i) MERIAL (word), International (WIPO) Trademark, priority date 10 October 1996, registration date 20 March 1997, trademark no. 672420, registered for goods and services in the international classes 5, 9, 10, 16, and 31,<\/p>\n<p>besides other trademarks consisting of the \" MERIAL \" denominations.<\/p>\n<p>(collectively referred to as \"Complainant's trademarks\").<\/p>\n<p>The Complainant has also registered a domain name &lt;boehringer-merial.com&gt; since 31 January 2016.<\/p>",
    "decision_domains": {
        "merialhealth.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}