DECISION

Boehringer Ingelheim International GmbH v. Modern Limited - Cayman Web Development

Claim Number: FA0211000133625

PARTIES

Complainant is Boehringer Ingelheim International GmbH, Ingelheim am Rhein, GERMANY (“Complainant”) represented by Timothy X. Witkowski.  Respondent is Modern Limited - Cayman Web Development, Georgetown, Grand Cayman , CAYMAN ISLANDS (“Respondent”) represented by Ari Goldberger, of ESQwire.com Law Firm.

REGISTRAR AND DISPUTED DOMAIN NAME 

The domain name at issue is <boehringeringelheim.com>, registered with Address Creation.

PANEL

The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.

Bruce Meyerson as Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum (the “Forum”) electronically on November 13, 2002; the Forum received a hard copy of the Complaint on November 15, 2002.

On November 19, 2002, Address Creation confirmed by e-mail to the Forum that the domain name <boehringeringelheim.com> is registered with Address Creation and that the Respondent is the current registrant of the name.  Address Creation has verified that Respondent is bound by the Address Creation registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).

On November 19, 2002, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of December 9, 2002 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@boehringeringelheim.com by e-mail.

A timely Response was received and determined to be complete on December 9, 2002.

Complainant’s additional submission was received on  December 11, 2002 and Respondent’s additional submission was received on December 16, 2002.

On December 31, 2002, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed Bruce E. Meyerson as Panelist.

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

PARTIES’ CONTENTIONS

A. Complainant

Complainant presently markets pharmaceutical products using U.S. registered trademarks having Registration Nos. 2,096,336; 718,142; and 641,166 and claims to have invested substantial sums of money in developing and marketing such products and has been doing so for many decades.  According to Complainant, Respondent is the registrant of record for the domain name <boehringeringelheim.com>.  Complainant contends that <boehringeringelheim.com> is identical or confusingly similar to Complainant’s BOEHRINGER INGELHEIM^® trademarks.

B. Respondent

Respondent contends that when it was served with the unofficial copy of the Complaint, and prior to official notification of the Complaint and commencement of the proceedings, Respondent offered to transfer the disputed domain name to Complainant immediately.  Respondent contends that on or about November 20, 2002, Respondent unilaterally transferred the domain name to Complainant, changing all registrant and contact information to that of Complainant.    According to Respondent, counsel for Complainant stated that it would not accept the voluntary transfer and would continue with this proceeding. 

C. Additional Submissions

Complainant contends there are many significant reasons why a published decision and a transfer by the Panel would be valuable to Complainant and that the Complainant did not intend to forgo such a determination.  Respondent disputes the Complainant’s contentions.   

FINDINGS

            Respondent has stipulated that the domain name may be transferred to Complainant.

DECISION

Respondent has stipulated that the domain name <boehringeringelheim.com> be transferred to Complainant, and, accordingly, the domain name <boehringeringelheim.com> is hereby TRANSFERRED from Respondent Modern Limited - Cayman Web Development to Complainant Boehringer Ingelheim International GmbH

Bruce E. Meyerson, Panelist
Dated: January 9, 2003

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