{
    "case_number": "CAC-UDRP-103191",
    "time_of_filling": "2020-07-23 08:58:26",
    "domain_names": [
        "novartisglobal.net"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Ambrose  Quin"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Novartis AG, is the holding company of the Novartis Group, active in the pharmaceutical and healthcare sector. \r\n\r\nThe Complainant’s products are manufactured and sold in many regions worldwide. The Complainant has a strong presence in the United States of America (‘USA’), where the Respondent seems to be located. In 2019, 34% of Novartis Group’s total net sales were constituted in the USA.\r\n\r\nThe Complainant is the owner of the trademark NOVARTIS registered as both a word and device mark in several classes worldwide, including in the USA. The vast majority of the Complainant’s trademark registrations significantly predates the registration of the disputed domain name. \r\n\r\nThe disputed domain name has been registered on May 16, 2020. According to screen prints provided by the Complainant, the disputed domain name has been used to resolve to a website using the Complainant’s NOVARTIS trademark and logo and applying an overall look-and-feel confusingly similar to the Complainant’s official website.\r\n\r\nOn June 15, 2020, the Complainant sent a cease and desist notice to the Respondent but received no response.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT: \r\n\r\nThe Complainant considers the disputed domain name to be confusingly similar to trademarks in which it has rights. The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name. According to the Complainant, the Respondent does not use the disputed domain name in connection with any legitimate use. Also, according to the Complainant, the Respondent has not been authorized to register or use the disputed domain name. Finally, the Complainant considers that the disputed domain name was registered and is being used in bad faith. The Complainant contends that the Respondent knew of the existence of the Complainant’s trademarks. The Complainant further contends that the incorporation of the Complainant’s well-known trademark in the disputed domain name by the Respondent, coupled with a website reproducing the Complainant’s trademark and website layout, evidences bad faith registration and use. This is reinforced by the use of a privacy service and the fact that the Respondent has very likely provided false contact information.\r\n\r\n\r\nRESPONDENT: \r\n\r\nThe Respondent did not reply to the Complainant’s contentions.",
    "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": [
        "Flip Petillion"
    ],
    "date_of_panel_decision": "2020-09-02 00:00:00",
    "informal_english_translation": "The Complainant is the holder of trademark rights, including for the following marks:\r\n\r\n- NOVARTIS, U.S. trademark registration No. 5420583 registered on March 13, 2018 in classes 9, 10, 41, 42, 44 and 45; and\r\n\r\n- NOVARTIS, U.S. trademark registration No. 2997235 registered on September 20, 2005 in class 5, with first use in commerce in 1997.  ",
    "decision_domains": {
        "NOVARTISGLOBAL.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}