{
    "case_number": "CAC-UDRP-103459",
    "time_of_filling": "2020-12-14 12:10:39",
    "domain_names": [
        "NovartisCoVid-19Vaccine.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Digital Marketing"
    ],
    "respondent_representative": null,
    "factual_background": "The 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. Novartis AG, created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, is the holding company of the Novartis Group.\r\n\r\nThe Complainant’s products are manufactured and sold in many regions worldwide. The Complainant has a strong presence in Spain where the Respondent is located. The Complainant has subsidiaries and associated companies based in Spain. \r\n\r\nThe Complainant is the owner of the trademark NOVARTIS registered as both a word and device mark in several classes worldwide, including Spain. \r\n\r\nThe vast majority of the Complainant’s trademark registrations predates the registration of the disputed domain name. \r\n\r\nThe Complainant owns numerous domain names composed of either its trademark NOVARTIS alone, including <novartis.es>  and <novartis.com> or in combination with other terms, e.g. <novartispharma.com>. The Complainant uses these domain names to promote the NOVARTIS mark with related products and services.\r\n\r\nThe Complainant enjoys a strong presence online also via its official social media platforms.\r\n\r\nThe Respondent is a specialised journalist, based in Spain. \r\n\r\nNo website has been created in connection with the disputed domain name.\r\n\r\nOn December 3, 2020, the Complainant sent the Respondent a cease and desist letter.\r\n\r\nAn exchange of emails between the parties took place until December 16, 2020, when the Respondent informed the Complainant that someone offered him 3600 Euros for the disputed domain name and invited the Complainant to make a better offer by the end of that week, otherwise he would have sold the disputed domain name to the first bidder.\r\n\r\n\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 name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nNOVARTIS is a well-known, distinctive trademark worldwide.\r\n\r\nThe Complainant’s trademarks registration predates the registration of the disputed domain name.\r\n\r\nThe Respondent has no rights in the mark NOVARTIS, bears no relationship to the Complainant, and is not commonly known by the disputed domain name - accordingly it has no legitimate interest in the disputed domain name.\r\n\r\nIt is highly unlikely that the Respondent was not aware of Complainant’s prior rights in the trademark NOVARTIS at the time of registering the disputed domain name, given the Complainant’s worldwide renown.\r\n\r\nThe Respondent has not been making a bona fide offering of goods or services of the disputed domain name.\r\n\r\nThe Respondent has provided false contact information in the WHOIS to conceal its identity.\r\n\r\nThe Respondent has been offering the disputed domain name for sale and has directly contacted the Complainant threatening to sale the disputed domain name to a third party.\r\n\r\nConsequently, the Respondent should be considered to have registered the disputed domain name confusingly similar to the Complainant’s well-known, distinctive trademark NOVARTIS.\r\n\r\nThe Complainant has not found that the Respondent had any legitimate right or interest in using the disputed domain name, but rather registered and has been using the disputed domain name in bad faith.\r\n\r\nRESPONDENT:\r\n\r\nNovartis AG does not exist. The Complainant should be Novartis Pharma Services AG.\r\n\r\nNo authorization of Novartis Pharma Services AG to the Complainant's representative has been attached to the Complaint.\r\n\r\nThe Respondent's intention is not to use the Complainant's trademark, but to use the contraction of the generic Latin words NOVA and ARTIS, together with the generic words COVID-19 and VACCINE. The meaning of the disputed domain name is \"a new craft COVID-19 vaccine\".\r\n\r\nThe word NOVARTIS consists of 8 characters, while the wording novartiscovid-19vaccine consists of 23 characters, therefore they are neither identical nor confusingly similar. For these reasons, the Respondent had the right to register and keep the disputed domain name.\r\n\r\nThe Respondent has the intention to create a public and informative website about the societal transformation caused by COVID-19. The new website would describe the new society, the art and the new way of working. The website is not yet hosted and the content is being redeveloped.\r\n\r\nThe disputed domain name, together with the domain <thecovid-19vaccines.com> and its Spanish version <lasvacunascovid-19.com>, are intended to be international fora for personal experiences of COVID-19 vaccines.\r\n\r\nThe Respondent was committed to cooperate with the Complainant, therefore cannot be accused of bad faith.\r\n\r\nThe Complainant's correspondence with the Respondent constitutes a scam and should be considered as spam.\r\n\r\nThe Respondent did not have any profit from the disputed domain name because he did not sell it.\r\n\r\nThere is no harm to the Complainant's interests because no content has been published using the disputed domain name.\r\n\r\nThe Respondent wanted to collaborate with the Complainant, but did not receive the supporting documents from the Complainant's representative proving the power to act on behalf of Novartis Pharma Services AG. He contacted the Complainant's Spanish subsidiary, and no confirmation about the powers of the Complainant's representative was received.",
    "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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2021-01-31 00:00:00",
    "informal_english_translation": "The Complainant is the owner of numerous registrations for the trademark \"NOVARTIS\", including the international trademark  No 663765, registered on July 1, 1996, for goods and services in classes 1, 2, 3, 4, 5, 7, 8, 9, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40 and 42.\r\n\r\nThe disputed domain name was registered by the Respondent on November 9, 2020.",
    "decision_domains": {
        "NOVARTISCOVID-19VACCINE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}