{ "case_number": "CAC-UDRP-102137", "time_of_filling": "2019-01-23 11:25:04", "domain_names": [ "novartiscorp.com" ], "case_administrator": "Šárka Glasslová (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BrandIT GmbH", "respondent": [ "Black Roses" ], "respondent_representative": null, "factual_background": "The Complainant is a global healthcare company based in Switzerland providing solutions to address the evolving needs of patients worldwide. It manufactures drugs such as clozapine (Clozaril), diclofenac (Voltaren), carbamazepine (Tegretol), valsartan (Diovan), etc. The Complainant’s products are sold in 155 countries and in 2017 they reached nearly 1 billion people globally. The Complainant has about 126 000 employees of 145 different nationalities. The Complainant has a strong presence in the United States where the Respondent is located. Due to the extensive use, advertising and revenue associated with the NOVARTIS Trademark worldwide, the Complainant enjoys a high degree of renown around the world.\r\n\r\nThe disputed domain name was registered with privacy registration service on November 26, 2018. Upon receipt of the Complaint, the Registrar disclosed the registration data, identifying the registrant, Black Roses, in the United States.\r\n\r\nAt the time of sending the cease and desist letter to the Respondent and before filing the Complaint the disputed domain name pointed to an active website with no content. Pending the present administrative proceeding, the disputed domain name has been redirected to the main website of the Complainant (novartis.com).\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.", "other_legal_proceedings": "The Panel is not aware of other legal proceedings which are pending or decided and which relate to the disputed domain name.", "no_response_filed": "PARTIES' CONTENTIONS\r\n\r\nCOMPLAINANT'S CONTENTIONS\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the NOVARTIS Trademark, since it incorporates such well-known mark combined with the generic term “corp”, which is commonly known as abbreviation for the word “corporation”. The addition of the gTLD “.com” does not add any distinctiveness to the disputed domain name. Given that the term “NOVARTIS” is distinctively recognizable in the disputed domain name, this latter should be considered as confusingly similar to the trademark NOVARTIS Trademark.\r\n\r\nThe Complainant asserts that it has never granted the Respondent any right to use the NOVARTIS Trademark within the disputed domain name, nor is the Respondent affiliated to the Complainant in any form. The Respondent is not commonly known by the disputed domain name, nor has any interest over such domain. Should the Respondent have performed a Google or similar search on the Internet before registering the disputed domain name, it would have easily learnt about the Complainant’s trademark registered and used worldwide, in particular in the United States. Moreover, neither the content of the website to which the disputed domain name resolved before filing the Complainant (active website with no content) and nor the content of the website to which it redirects during this administrative proceeding (official website of the Complainant) corroborate that the Respondent is using the disputed domain name in connection with a bona fide offering of goods or services or is making a legitimate, non-commercial or fair use of such domain. Therefore, the Complainant contends that the Respondent has no right nor legitimate interest in respect of the disputed domain name.\r\n\r\nAccording to the Complainant the Respondent has deliberately chosen to incorporate the well-known NOVARTIS Trademark in the disputed domain name and to add the generic term “corp” with the only purpose to mislead Internet users. The Respondent has also concealed its identity by using privacy shield. The Complainant sent a cease and desist letter and several reminders to the Respondent without obtaining any response. Before filing the Complaint the disputed domain name was passively held and after bringing this administrative proceeding it was redirected to the Complainant’s website. All these circumstances show the bad faith of the Respondent in registering and using the disputed domain name.\r\n\r\nRESPONDENT'S CONTENTIONS\r\n\r\nNO 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": "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.", "decision": "Accepted", "panelists": [ "Avv. Ivett Paulovics" ], "date_of_panel_decision": "2019-02-20 00:00:00", "informal_english_translation": "TRADEMARKS\r\nThe Complainant owns numerous trademarks registered worldwide characterized by the distinctive term “NOVARTIS”. The Complainant has sufficiently demonstrated to be owner, inter alia, of the US word marks “NOVARTIS” registration no. 2997235, filed on February 10, 2004, granted on September 20, 2005 in class 5 and registration no. 4986124, filed on September 12, 2013, granted on June 28, 2016 in classes 5, 9, 10, 41, 42 and 44.\r\n\r\nDOMAIN NAMES\r\nThe Complainant has also registered several domain names, such as created on April 2, 1996 and used as its main website and , created on April 25, 1998.\r\n\r\nTRADE \/ COMPANY NAME\r\nThe Complainant also relies on the trade \/ company name “NOVARTIS” under which it has carried out business and sold its products all over the globe.\r\n\r\nThe Complainant has proved its rights in the NOVARTIS Trademark for the purposes of the Policy.", "decision_domains": { "NOVARTISCORP.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }