{ "case_number": "CAC-UDRP-101652", "time_of_filling": "2017-08-15 09:43:40", "domain_names": [ "NOVARTIS.SHOP" ], "case_administrator": "Aneta Jelenová (Case admin)", "complainant": [ " Novartis AG" ], "complainant_representative": "BrandIT GmbH", "respondent": [ "Yu Ke Rong" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complaint is a global healthcare company based in Switzerland. It is the owner of registered trade marks for NOVARTIS. \r\n\r\nThe Complainant has registered a number of domain names including (registered April 02, 1996), (registered April 25, 1998), (registered August 20, 1999), and (registered June 30, 2016). The Complainant uses these domain names to connect to a website through which it informs potential customers about its NOVARTIS mark and its products and services.\r\n\r\nThe disputed domain name was registered on 26 April 2017.", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings related to the disputed domain name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "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).", "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).", "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).", "procedural_factors": "Under Paragraph 11(a) of the Rules, the language of the administrative proceeding shall be the language of the Registration Agreement, but the Panel may allow the proceeding to be conducted in another language, having regard to the circumstances of the case.\r\n\r\nThe language of the registration agreement for the disputed domain name is Chinese. The Complaint has been filed in English and the Complainant has requested the proceedings to be in English. \r\n\r\nThe Complainant submits that:\r\n\r\n1.\tAlthough Respondent replied in Chinese to the cease and desist letter, he did not reply that he did not understand the content of the letter, but instead asked in Chinese the way to transfer the domain name.\r\n2.\tThe disputed domain name includes the Complainant’s mark NOVARTIS. Complainant is a global company whose business language is English. \r\n3.\tRespondent has registered many other domains with words in English. It is unlikely that Respondent is not at least familiar with the English language.\r\n4.\tRespondent has chosen to register the disputed domain name under the top level domain (TLD) “.shop”, which is applicable to a broader audience than merely China. The term “shop” is related to the Complainant’s area of commercial activity. As a major pharmaceutical brand it is likely that consumers would search for NOVARTIS products on the TLD “.shop”. A more suitable TLD if only addressing the Chinese market would be the \".cn\" extension. \r\n5.\tThe proceeding will likely be put through unnecessary trouble and delay if Chinese were made the language of the proceeding and there would be no discernible benefit to the parties or the proceeding, in the circumstances, that may be gained by maintaining the default language. \r\n\r\nThe Respondent has not responded to the Complainant's submissions.\r\n\r\nThe Panel accepts that although the registration agreement is in Chinese, the Respondent appears to understand English. The Respondent has chosen to register the Complainant's trade mark NOVARTIS under the TLD \".shop\". The disputed domain name is not in Chinese characters but in Latin script. The Respondent has registered other domain names with words in English. The Respondent has responded to the Complainant's cease and desist letter and the offer to sell the disputed domain name is expressed in US dollars. Further, the offer to sell the disputed domain name on SEDO.COM is in the English language.\r\n\r\nThe proceeding will likely be put through unnecessary trouble and delay if Chinese were made the language of the proceeding. The Panel finds that the proceedings should be conducted in English. In reaching this decision the Panel has also considered the decisions in Lovehoney Group Limited v Li Wei Wei (CAC Case No. 101557) and Orlane S.A. v Yu Zhou He\/ HeYu Zhou (WIPO Case No D2016-1763).\r\n\r\nThe 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.", "decision": "Accepted", "panelists": [ "Mrs Veronica Bailey" ], "date_of_panel_decision": "2017-09-19 00:00:00", "informal_english_translation": "The Complainant is the registered holder of the following International trade mark registrations:\r\n\r\nNOVARTIS, registered no. 666218 in classes 41; 42, which was registered on 31.10.1996;\r\nNOVARTIS, registered no.663765 in classes: 01; 02; 03; 04; 05; 07; 08; 09; 10; 14; 16; 17; 20; 22; 28; 29; 30; 31; 32; 40; 42, which was registered on 01.07.1996;\r\nNOVARTIS, registered no. 1155214 including classes 41; 42, which was registered on 24.01.2013. ", "decision_domains": { "NOVARTIS.SHOP": "TRANSFERRED" }, "panelist": null, "panellists_text": null }