{
    "case_number": "CAC-UDRP-102629",
    "time_of_filling": "2019-08-20 09:56:33",
    "domain_names": [
        "novartispharmaceutical.website"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "elobb  y"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nI. LANGUAGE OF PROCEEDINGS\r\n\r\nThe language of the proceeding is English.\r\n\r\nReasons:\r\n\r\nThe Complainant requested that the proceeding language should be English because the Respondent obviously understands English even though the language of the Registration Agreement of the disputed domain name is a language other than English.\r\n\r\nThe Panel met the request raised by the Complainant because according to the WHOIS record the Respondent is located in India where English is a widely-spoken language, The Respondent chose to register the disputed domain name incorporating the trademark NOVARTIS and the term “pharmaceutical”. This term is in English and as such correctly spelled. The Complainant is a global company whose business language is English, and the main website operated by the Complainant is in English (see novartis.com). The proceeding will likely be put through unnecessary trouble and delay if any other languages used in India were made as 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. Moreover the Respondent has chosen to register the disputed domain name under the Top-Level domain name “.com” which is a commercial TLD, applicable to a broader audience than merely India.\r\n\r\nII. ABOUT COMPLAINANT AND THE BRAND NOVARTIS\r\n\r\nNovartis AG is a global healthcare company based in Switzerland that provides solutions to address the evolving needs of patients worldwide (see novartis.com). Novartis manufactures drugs such as clozapine (Clozaril), diclofenac (Voltaren), carbamazepine (Tegretol), valsartan (Diovan) and many others.\r\n\r\nThe Complainant’s products are sold in about 155 countries and they reached nearly 800 million people globally in 2018. About 125 000 people of 145 nationalities work at Novartis around the world.\r\n\r\nThe Complainant has a strong presence in India where the Respondent is located. The below links connect customers to the official local sales and service locator and to the official websites of the Complainant:\r\n\r\n- Global Website for NOVARTIS: <novartis.com>\r\n\r\n Local Website for NOVARTIS in India: <novartis.in>",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating 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": "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": [
        "JUDr. Vojtěch Trapl"
    ],
    "date_of_panel_decision": "2019-10-23 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the registered well-known trademark NOVARTIS as a word and figure mark in several classes in numerous of countries all over the world including in India.\r\n\r\nAmongst many other trademarks worldwide, the Complainant is the proprietor of the Indian trademark registration NOVARTIS 700020 applied for on February 28, 1996.\r\n\r\nThe Complainant has registered a number of domain names containing the term NOVARTIS, for example, <novartis.com> (created on April 02, 1996) and <novartis.net> (created on April 25, 1998).  \r\n\r\nThe Respondent registered the disputed domain name on 3 April 2019.\r\n\r\nThe trademark registrations and the domain names registrations predate the registration of the disputed domain name. \r\n\r\nThe Complainant has previously successfully challenged several NOVARTIS disputed domain names through UDRP processes (see among others the following CAC cases: 101726, 101736, 101652, 101653, 101654. 102542, 102602, 102627). ",
    "decision_domains": {
        "NOVARTISPHARMACEUTICAL.WEBSITE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}