{
    "case_number": "CAC-UDRP-103343",
    "time_of_filling": "2020-10-26 09:45:38",
    "domain_names": [
        "novartsi.com "
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Riccardo Weingart  (GRAVA99180) "
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is NOVARTIS AG, a Switzerland based company active in the pharmaceutical field. The Complainant's products are distributed worldwide.\r\n\r\nThe Complainant owns numerous trademark registrations for NOVARTIS, having effects in Switzerland and in other countries around the world.\r\n\r\nThe Complainant also owns domain names composed by NOVARTIS.\r\n\r\nThe disputed domain name was registered on September 30, 2020 and it linked to a webpage containing sponsored links. Following the filing of the UDRP Complaint, the Parties informed the CAC that negotiations were taking place in order to settle the matter. As a consequence, the UDRP was suspended. Later on, the Complainant informed the CAC that the parties did not manage to settle the matter and consequently the UDRP was resumed.\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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant claims that the disputed domain name is confusingly similar to its prior trademarks as the mere inversion of the last two letters (\"novart -is-\" \/ \"novart -si\") is not sufficient to exclude confusing similarity with the NOVARTIS trademarks.\r\n\r\nThe Complainant also contends that TLD are disregarded when assessing confusingly similarity as they are considered as standard registration requirements.\r\n\r\nThe Complainant claims that the Respondent has no rights nor legitimate interest in registering the disputed domain name. According to the Complainant assertions, there is no evidence that the Respondent is known as the disputed domain name or is, in some way, authorized to use the Complainant's trademarks.\r\n\r\nFurthermore, the use of the disputed domain name is not considered a \"bona fide offering of goods or services\" or a \"legitimate non-commercial or fair use\" for the purposes of the Policy.\r\n\r\nAs regards registration and use in bad faith, the Complainant claims that since the NOVARTIS trademarks are widely known and were registered well before the disputed domain name, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's rights.\r\n\r\nMoreover, the use of the disputed domain name in connection with sponsored links is, according to the Complainant, an index of use in bad faith of the domain name.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent submitted a brief reply to the Complaint stating that the disputed domain name was intended to be used for an artistic project. The Respondent also informed that, following the Complaint, he changed the name of the potential group.",
    "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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2020-12-30 00:00:00",
    "informal_english_translation": "The Complainant proved to be the owner of multiple \"NOVARTIS\" trademarks having effects in Switzerland and in numerous other countries. \r\n\r\nThe Complainant also proved to own domain names composed by NOVARTIS, including <novartis.net>, <novartispharma.com> and <novartis.com>.\r\n",
    "decision_domains": {
        "NOVARTSI.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}