{
    "case_number": "CAC-UDRP-103426",
    "time_of_filling": "2020-11-26 09:53:29",
    "domain_names": [
        "NovartisCareer.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Cathy  Simmons"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant was created in 1996 through a merger of the companies Ciba-Geigy and Sandoz, and is the holding company of the Novartis Group, one of the biggest global pharmaceutical and healthcare groups. The Complainant has a strong presence in the United States where the Respondent is located, and in 2019, 34% of the total net sales of the Novartis Group were made there.\r\n\r\nThe Complainant is the owner of the domain names <novartis.us>, created on 19 April 2002, <novartis.com>, created on 2 April 1996, and <novartispharma.com>, created on 27 October 1999. The Complainant uses these domain names to promote the NOVARTIS trademark and its products and services.\r\n\r\nThe Respondent registered the disputed domain name <novartiscareer.com> on 26 October 2020, and the disputed domain name <novartiscareer.net> on 6 November 2020. The disputed domain names are currently inactive.\r\n\r\nThe Complainant notes that on 2 November 2020 it sent to the Respondent a cease-and-desist letter in respect of the disputed domain name <novartiscareer.com>, but the Respondent did not respond.\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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant submits that the disputed domain names are confusingly similar to the NOVARTIS trademark, which they incorporate in its entirety combined with the generic term “career”, which is closely related to the Complainant and its business activities. \r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain names. The Complainant submits that it has never had any relationship with the Respondent and has not granted to the Respondent any rights to use the NOVARTIS trademark in any forms, including in the disputed domain names. The Respondent is not commonly known by the disputed domain names, and they do not resolve to active websites. According to the Complainant, the Respondent deliberately chose to use the well-known, distinctive NOVARTIS trademark for the disputed domain names, with the intention to attract Internet traffic by benefiting from the Complainant’s worldwide renown. Internet users who search for information about the Complainant are likely to be confused by the disputed domain names and believe that they are somehow related to the Complainant.\r\n\r\nThe Complainant contends that the disputed domain names were registered and are being used in bad faith. It highlights that its well-known NOVARTIS trademark predates the registration of the disputed domain names, and that, considering the renown of the Complainant and of its NOVARTIS trademark and the overall composition of the disputed domain names, their registration was a deliberate and calculated attempt to improperly benefit from the Complainant’s rights and reputation. The Complainant submits that the disputed domain names do not resolve to active websites, but their passive holding does not prevent a finding of bad faith, because the circumstances of the case are indicative of bad faith – the Complainant’s NOVARTIS trademark is well-known, the Respondent has not filed a Response to the Complaint, and it has concealed its identity through the use of a privacy service.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response in this proceeding.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2021-01-12 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following registrations in the United States of America (“United States”) of the trademark NOVARTIS (the “NOVARTIS trademark”):\r\n\r\n- the United States trademark NOVARTIS with registration No. 2997235, registered on 20 September 2005 for goods in International Class 5; and\r\n\r\n- the United States trademark NOVARTIS with registration No.5420583, registered on 13 March 2018 for goods and services in International Classes 9, 10, 41, 42, 44 and 45.\r\n",
    "decision_domains": {
        "NOVARTISCAREER.COM": "TRANSFERRED",
        "NOVARTISCAREER.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}