{
    "case_number": "CAC-UDRP-103351",
    "time_of_filling": "2020-10-15 10:25:59",
    "domain_names": [
        "novartisrheumatologyacr2020.com",
        "novartisrheumatologyvirtual.com "
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "ZEIT, Inc."
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, is the holding company of the Novartis Group. The Complainant declares that Novartis Group is one of the biggest global pharmaceutical and healthcare groups. It provides solutions to address the evolving needs of patients worldwide by developing and delivering innovative medical treatments and drugs. \r\n\r\nThe Complainant informs that Novartis Group products are manufactured and sold in many regions worldwide. According to the Complainant, Novartis Group has especially a strong presence in the United States of America where the Respondent is located. The Complainant, in particular, has duly proved to be the owner of the registered well-known trademark NOVARTIS in several classes in numerous countries all over the world including in the United States of America, where the Respondent is located and that these trademark registrations predate the registration of the disputed domain names (September 2020).\r\n\r\n\r\nThe Complainant outlines that in the WIPO Case No. D2016-1688, Novartis AG v. Domain Admin, Privacy Protection Service INC d\/b\/a PrivacyProtect.org, \/ Sergei Lir , the panel has stated that NOVARTIS is a well-known trademark. The Complainant has registered a number of domain names including the trademark NOVARTIS such as <novartis.us>, <novartis.com> and <novartispharma.com>. The Complainant uses these domain names to promote the NOVARTIS mark with related products and services.\r\n\r\nAccording to the Complainant, the domain names in dispute are similar to its NOVARTIS trademark since both incorporate the well-known distinctive trademark NOVARTIS in its entirety combined with generic terms\r\n\r\nThe Complainant has not found that the Respondent is commonly known by the domain names or that it has interest over the domain names.  The Complainants has also proved that when searched for “Novartis” “rheumatology acr 2020” “rheumatology virtual” in the Google search engine, the returned results all pointed to the Complainant and its business activities. The Complainant argues that the Complainant trademarks predate the registration of both domain names in dispute and that the Respondent has never been authorized by the Complainant to register the domain names. \r\n\r\nIn the Complainant's view the overall composition of the disputed domain names, i.e. using the term \"Novartis\" in connection with the generic terms “rheumatology acr 2020” \/ “rheumatology virtual”, closely related to the Complainant and its business activities, is a deliberate and calculated attempt to improperly benefit from the Complainant’s rights and reputation. The Complainant informs that an attempt to contact the Respondent was made on September 24, 2020 through a cease and desist letter and that it has never received any response from the Respondent. The Complainant insists that there is no active website associated with the domain names in dispute which constitutes passive holding of the disputed domain names.  Finally, Complainant notes that the Respondent has been using privacy shield to conceal its identity.\r\n\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 names.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2020-11-17 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks. In particular, Novartis AG owns:\r\n\r\n- US trademark NOVARTIS (word) no. 5420583 registered on March 13, 2018 for classes 9, 10, 41, 42, 44 and 45;\r\n\r\n- US trademark NOVARTIS (word) no. 2997235 registered on September 20, 2005 and duly renewed for class 5.",
    "decision_domains": {
        "NOVARTISRHEUMATOLOGYACR2020.COM": "TRANSFERRED",
        "NOVARTISRHEUMATOLOGYVIRTUAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}