{
    "case_number": "CAC-UDRP-102702",
    "time_of_filling": "2019-10-04 09:21:27",
    "domain_names": [
        "novartis.tech"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Xian Zhong Wu"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant requests that the language of the proceedings should be English. \r\nComplainant submits that Respondent has registered other domain names that contain terms in English, e.g. caronline.top, chinagame.biz, sixdomain.biz and sixdomainchain.biz. The disputed domain name includes Complainant’s trademark NOVARTIS in its entirety combined with a gTLD “.tech”, which is very often used for “technology”, and is related to Complainant’s business activities in the context that the terms are used together. According to Complainant it is a global company whose business language is English, and the main website operated by Complainant is in English (see www.novartis.com).\r\nComplainant concludes that these facts show that Respondent obviously understands English. To avoid any potential unfairness or unwarranted delay Complainant requests that the language of the proceedings should be English.  \r\n\r\nAccording to the evidence submitted by Complainant, Complainant is a global healthcare company based in Switzerland. Complainant’s products are sold in about 155 countries and reached nearly 800 million people globally in 2018. About 125 000 people of 145 nationalities work at Complainant around the world. Complainant submits that it has a strong presence in China where Respondent is located. Complainant also owns a number of domain names, which include the trademark NOVARTIS.  \r\nThe disputed domain name <novartis.tech> was registered on  27 August 2019. The trademark registration of Complainant has been issued prior to the registration of the disputed domain name.\r\n\r\nAccording to Complainant the disputed domain name is identical to Complainant's trademark as it incorporates Complainant’s well-known, distinctive trademark NOVARTIS in its entirety. The addition of the gTLD “.tech” does not add any distinctiveness to the disputed domain name, to the contrary, as the term “tech” is very often used for “technology” “technic” in short, which is closely related to Complainant’s business activities; it creates the misleading impression that the disputed domain name is authorized or somehow related to Complainant.. \r\n\r\nAccording to Complainant, Respondent has no rights or legitimate interest in the disputed domain name and Respondent is not related in any way with the business of Complainant. Respondent is not using the disputed domain name to offer any goods or services. The disputed domain name does not resolve to any active website.\r\n\r\nAccording to Complainant the disputed domain name is registered and is being used in bad faith. Given the distinctiveness of Complainant's trademark Complainant submits that the registration of the Complainant’s trademarks pre-dates the registration of the disputed domain name and that Respondent has never been authorized by Complainant to use these trademarks nor to register the disputed domain name. \r\nConsidering that Complainant’s trademark is a well-known, distinctive mark worldwide, including in China where the Respondent is located, and that Respondent has been passively holding the disputed domain name Complainant therefore concludes that Respondent has been using the disputed domain name in bad faith.\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "Complainant has, to the satisfaction of the Panel, shown 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": "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": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2019-11-07 00:00:00",
    "informal_english_translation": "Complainant is the owner of the international trademark NOVARTIS nr. 663765, date of registration 1 July 1996, also applicable in China. ",
    "decision_domains": {
        "NOVARTIS.TECH": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}