{
    "case_number": "CAC-UDRP-108270",
    "time_of_filling": "2025-12-22 10:38:50",
    "domain_names": [
        "medischsifrolnl.shop"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co KG"
    ],
    "complainant_representative": null,
    "respondent": [
        "Aureila Hmelicka"
    ],
    "respondent_representative": null,
    "factual_background": "<p><strong>A<\/strong>. <strong>Complainant<\/strong>'<strong>s Factual Allegations<\/strong><\/p>\n<p>The Complainant is a German family-owned pharmaceutical group founded in 1885 and operating globally in the fields of human pharmaceuticals and animal health. As part of its activities, the Complainant markets an antiparkinsonian medicinal product under the SIFROL trade mark.<\/p>\n<p><strong>B<\/strong>.<strong> Respondent<\/strong>'<strong>s Position<\/strong><\/p>\n<p>The Respondent did not submit a Response within the time prescribed under the UDRP Rules and has not otherwise participated in this proceeding.<\/p>\n<p><strong>C<\/strong>. <strong>Disputed Domain Name<\/strong><\/p>\n<p>The disputed domain name &lt;medischsifrolnl.shop&gt; was registered on 19 November 2025.<\/p>\n<p>At the time of this Decision, the disputed domain name resolves to a landing page displaying a notice stating \"Access denied\". However, the Complainant has provided uncontested evidence that, prior to the commencement of this proceeding, the disputed domain name resolved to a website prominently referring to the Complainant's SIFROL pharmaceutical product and containing links to online stores offering pharmaceutical products, including competing goods.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other pending or concluded legal proceedings relating to the domain name &lt;medischsifrolnl.shop&gt; (the \"disputed domain name\").<\/p>",
    "no_response_filed": "<p><strong>A<\/strong>. <strong>Complainant<\/strong><\/p>\n<p>The Complainant submits that:<\/p>\n<p>1. The disputed domain name is confusingly similar to its SIFROL trade mark, which is wholly incorporated within the domain name string, with the additional terms \"medisch\" and \"nl\" being insufficient to dispel confusion;<\/p>\n<p>2. The Respondent has no rights or legitimate interests in the disputed domain name and is not authorised or licensed to use the SIFROL trade mark; and<\/p>\n<p>3. The disputed domain name was registered and used in bad faith in order to divert Internet users seeking the Complainant's pharmaceutical product to competing offerings for commercial gain.<\/p>\n<p>The Complainant requests that the disputed domain name be transferred to it.<\/p>\n<p><strong>B<\/strong>. <strong>Respondent<\/strong><\/p>\n<p>No Response was filed. The Panel therefore proceeds on the basis of the uncontested evidence and may draw such inferences as it considers appropriate pursuant to Rule 14(b) of the UDRP Rules.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark or service 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": "<p>The Complainant has, to the satisfaction of the Panel, shown that 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": "<p>The Complainant has, to the satisfaction of the Panel, shown that 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": "<p>The Panel is satisfied that all procedural requirements under the UDRP Policy, the UDRP Rules, and the CAC Supplemental Rules have been met. The Respondent's failure to submit a Response does not relieve the Complainant of its burden of proof under paragraph 4(a) of the UDRP Policy, but permits the Panel to draw appropriate inferences from the Respondent's default. The dispute is properly before the Panel.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Gustavo Moser (Presiding Panelist)"
    ],
    "date_of_panel_decision": "2026-01-16 00:00:00",
    "informal_english_translation": "<p>The Complainant, Boehringer Ingelheim Pharma GmbH &amp; Co KG, owns several trade mark registrations for SIFROL, including:<\/p>\n<p style=\"padding-left: 40px;\"><span>&bull; <\/span>International trade mark registration no. 530682, registered on 3 December 1988; and<\/p>\n<p style=\"padding-left: 40px;\"><span>&bull;&nbsp;<\/span>International trade mark registration no. 582814, registered on 25 January 1992.<\/p>\n<p>(Each individually a \"trade mark\" and collectively the \"Complainant's trade marks\").<\/p>\n<p>The Complainant also owns domain names incorporating the SIFROL trade mark, including &lt;sifrol.com&gt;, registered on 1 February 2000.<\/p>",
    "decision_domains": {
        "medischsifrolnl.shop": "TRANSFERRED"
    }
}