{
    "case_number": "CAC-UDRP-102980",
    "time_of_filling": "2020-03-19 10:30:57",
    "domain_names": [
        "novartisimmunologyprizes.org"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "li ying liu"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Novartis AG, is a global healthcare company and medical drugs manufacturer based in Switzerland that provides solutions to address the needs of patients worldwide.  The 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 for Novartis around the world.\r\n\r\nThe Complainant has a strong presence in China, where the Respondent is located. Customers can access a local sales and service locator, and to the official websites of the Complainant, through the following links:\r\n\r\n-\tGlobal Website for NOVARTIS: https:\/\/www.novartis.com\r\n-\tLocal Website for NOVARTIS in China: https:\/\/www.novartis.com.cn.\r\n\r\nThe Respondent registered the disputed domain name <novartisimmunologyprizes.org> on 27 January 2020.  As at the date of this decision, the disputed domain name resolves to an error page with the message \"No input file specified\" and is inactive.  The Complainant submitted evidence that the disputed domain name previously resolved to an active website containing gambling information and links to other gambling sites.  ",
    "other_legal_proceedings": "The Panel is not aware of any other 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 trade mark 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 notes that the CAC was not able to ensure that written notice of the Complaint was delivered to the Respondent by postal service because the destination country of the Respondent did not provide delivery services at the relevant time under the constraints imposed by the COVID-19 pandemic.  Furthermore, the notices sent by the CAC to the e-mail addresses goucai003@aliyun.com and postmaster@novartisimmunologyprizes.org went undelivered as these e-mail addresses had permanent fatal errors.  The CAC could find no further e-mail address on the website accessed through the disputed domain name. \r\n\r\nParagraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (\"UDRP Rules\") requires the Provider \"to employ reasonably available means calculated to achieve actual notice to Respondent\".  The Panel believes that, if the CAC sent the Complaint by all means anticipated by paragraph 2(a)(ii) of the UDRP Rules, including electronically to the e-mail address identified by the Respondent when registering the disputed domain name, then the CAC complied with the requirements of the UDRP Rules as to notice.  The UDRP Rules do not require that these notices actually have to be delivered to the Respondent.  According to the case administrator, ICANN expressly confirmed that UDRP proceedings can continue as they normally would even if a postal mail notice may not have been delivered due to unforeseen circumstances.   \r\n \r\nThe Panel is therefore 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": [
        "Gregor Kleinknecht"
    ],
    "date_of_panel_decision": "2020-05-06 00:00:00",
    "informal_english_translation": "The Complainant owns a large portfolio of word and figurative trade marks consisting of the name NOVARTIS in multiple classes and numerous countries around the world, including the Chinese trade mark NOVARTIS, registration number 663765, first registered on 26 May 1997 in international classes 01-05, 07-10, 14, 16, 17, 20, 22, 28-32, 40 and 42.  These trade mark registrations predate the registration of the disputed domain name.  Furthermore, the Complainant owns multiple domain names consisting of the name NOVARTIS, including <novartis.com>, registered on 02 April 1996, and <novartis.net>, registered on 25 April 1998, which are connected to the Complainant's official global website.  \r\n\r\nThe Panel notes that previous panels have found the Complainant's trade mark NOVARTIS to be well-known worldwide (see WIPO Case No. D2016-1688, Novartis AG v. Domain Admin, Privacy Protection Service INC d\/b\/a PrivacyProtect.org\/Sergei Lir <novartis-bio.com>).  The Panel accepts that the Complainant's trade mark NOVARTIS is well-known around the world, including in China, where the Respondent is located.  ",
    "decision_domains": {
        "NOVARTISIMMUNOLOGYPRIZES.ORG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}