{
    "case_number": "CAC-UDRP-103326",
    "time_of_filling": "2020-10-02 10:09:53",
    "domain_names": [
        "NovartisGeneTherapies.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "shenchaoyong"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nA. LANGUAGE OF THE PROCEEDING \r\n\r\nThe Complainant requested that the Panel adopt English in this proceeding in accordance with paragraph 11 of the UDRP Rules for the following reasons:\r\n\r\n•\tThe disputed domain name is composed of the mark “NOVARTIS” and the English terms “GENE” and “THERAPIES”, both of which are correctly spelled. The Complainant asserts the choice of registering and using a domain name with English terms shows that the Respondent understands English and its intention is to target internet users who understand English.\r\n\r\n•\tThe website of the disputed domain name displays the following statement: “This domain name novartisgenetherapies.com is for sale! If you would like to purchase this domain name, please click here to make an offer”. The Complainant asserts this demonstrates that the Respondent clearly understands English.\r\n\r\n•\tOn September 15, 2020 the Complainant sent a cease and desist letter to the Respondent, to which it replied on September 16, 2020.  The Complainant asserted this also indicated that the Respondent clearly understands English well. \r\n\r\n•\tThe Complainant asserts if the Complainant had to translate the Complainant’s subsequent communications in Chinese, such translation would entail significant additional costs for the Complainant and delay in the proceedings (see Ape & Partners S.p.A. and PJS International S.A v Pjs Parajumpers, WIPO Case No. D2015-0637). \r\n\r\nFinally, the Complainant asserts the respondent would not be jeopardized by the adoption of English as an alternative language of these UDRP proceedings, while the adoption of Chinese would be troublesome for the Complainant. \r\n\r\nB. THE COMPLAINANT \r\n\r\nThe Complainant is a global pharmaceutical and healthcare group. It provides solutions to address the evolving needs of patients worldwide by developing and delivering innovative medical treatment and drugs.  The Complainant was created in 1996 through a merger of two other companies, being Ciba-Geigy and Sandoz, and is the holding company of the Novartis Group. \r\n\r\nThe Complainant’s products are manufactured and sold in many regions worldwide including China. The Complainant has a presence in China where the Respondent is located. \r\n\r\nThe Complainant argues that the disputed domain name is confusingly similar to the Complainant’s trademarks, the Respondent has no rights or legitimate interest in the disputed domain name and has registered it in bad faith and is using it in bad faith. \r\n\r\n\r\nC. THE RESPONDENT\r\n\r\nThe disputed domain name was registered on September 9, 2020 to shenchaoyong. Currently, the disputed domain name does not resolve to a website with actual content, but at the time of filing of the Complainant, hosted a landing page offering the sale for the disputed domain name. \r\n\r\nScreenshots of that website contain the following statement ““This domain name novartisgenetherapies.com is for sale! If you would like to purchase this domain name, please click here to make an offer”.  Despite this claim the Complainant denies the Respondent had authorized use to include the trademark in the disputed domain name, or to make any other use of the trademark in any manner whatsoever.  The Complainant also confirms that it is not in the possession of, nor aware of the existence of, any evidence tending to demonstrate that the Respondent is commonly known by the domain name, as individual, business, or other organization. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate 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": [
        "Mr Andrew Norman Sykes"
    ],
    "date_of_panel_decision": "2020-11-14 00:00:00",
    "informal_english_translation": "- International trademark registration number IR666218 “NOVARTIS”, granted January 31, 1996 in classes 41 and 42; and\r\n\r\n- International trademark registration number IR663765 “NOVARTIS”, granted January 7, 1996 in classes 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40 and 42.\r\n\r\nThe Complainant also owns the domain names <novartis.com.cn> (created on August 20, 1999), <novartis.com> (created on April 2, 1996) and <novartispharma.com> (created on October 27, 1999).\r\n",
    "decision_domains": {
        "NOVARTISGENETHERAPIES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}