{
    "case_number": "CAC-UDRP-103376",
    "time_of_filling": "2020-10-30 10:57:23",
    "domain_names": [
        "novartis-teva.site "
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Alexx Reverso"
    ],
    "respondent_representative": null,
    "factual_background": "According to the evidence submitted by Complainant, Complainant 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. Complainant was created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz. Complainant’s products are manufactured and sold in many regions worldwide. Complainant has a strong presence in Russia where Respondent is located. In particular, Complainant uses the domain name <novartis.ru> to communicate with its Russian customers. \r\n\r\nThe disputed domain name <novartis-teva.site> was registered on 5 October 2020 and is held by Respondent.\r\nAccording to the information provided by Complainant there is no website to which the disputed domain name resolves.  \r\n\r\nThe 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 confusingly similar to Complainant's trademark as it incorporates Complainant’s well-known, distinctive trademark NOVARTIS in combination with another brand “teva”, separated by the symbol “-“.\r\nAccording to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Complainant and Respondent have never had any previous relationships, nor has Complainant ever granted Respondent with any rights to use the NOVARTIS trademark in any form, including in the disputed domain name. Complainant submits that Respondent is not commonly known by the disputed domain name or that it has interest in the disputed domain name. By the time Complainant prepared its Complaint on 28 October 2020, the disputed domain name resolved to a blank website that displayed a sentence “Default campaign not found”. Complainant concludes that Respondent has no right nor legitimate interest in respect of the disputed domain name and has not been using the disputed domain name for any bona fide offering of goods or services.\r\n\r\nAccording to Complainant the disputed domain name is registered and is being used in bad faith. It is highly unlikely that Respondent was not aware of Complainant’s prior rights in the trademark NOVARTIS at the time of registering the disputed domain name, given Complainant’s worldwide renown. As noted above, Complainant asserts that the disputed domain name resolves to a blank website which falls into the category of passive holding, which means bad faith use. \r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings related to the disputed domain name.   ",
    "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": "2020-11-24 00:00:00",
    "informal_english_translation": "According to the evidence submitted by Complainant, Complainant is the owner of the well-known trademark NOVARTIS registered as both a word and device mark in several classes worldwide, including Russia. Complainant’s trademark registrations in Russia applying to the present proceedings include the following trademark: NOVARTIS, Registration no: 663765, Registration date: 1 July 1996. ",
    "decision_domains": {
        "NOVARTIS-TEVA.SITE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}