{ "case_number": "CAC-UDRP-103330", "time_of_filling": "2021-01-14 09:28:47", "domain_names": [ "novrtis.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Carolina Rodrigues\/Fundacion Comercio Electronico, Domain Administrator\/Fundacion Privacy Services LTD" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nThe Complainant was created in 1996 through a merger of two other companies, Ciba-Geigy and Sandoz. It is the holding company of the Novartis Group, which is one of the biggest global pharmaceutical and healthcare groups. The Complainant’s products are manufactured and sold in many regions worldwide. The Complainant has an active presence in Panama, where the Respondent is located. \r\nThe Complainant is the owner of the trade mark NOVARTIS as a word and figure mark in several classes in numerous of countries all over the world, including in Panama. These trade mark registrations predate the registration of the disputed domain names.\r\n\r\nThe disputed domain names were registered as follows:\r\n• on 4 December 2020 \r\n• on 7 December 2020\r\n• on 4 January 2021\r\n\r\nThe Complainant sent the Respondent a cease-and-desist letter on 21 December 2020 but received no reply. ", "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 trade mark 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": "Preliminary issue: Domain names under common control\r\nUnder paragraph 3(c) of the UDRP Rules, a complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.\r\nThe original complaint filed against the Respondent, Fundacion Privacy Services Ltd, involved the disputed domain names, and . Subsequently, the Complainant filed an amended complaint against the Respondents Carolina Rodrigues\/Fundacion Comercio Electronico, Domain Administrator\/Fundacion Privacy Services LTD, which included the third disputed domain name, . The Complainant submits that the three disputed domain names are under common control and seeks to consolidate the complaint relating to all three. \r\nThe registrant of is Fundacion Privacy Services LTD, located in Panama with the e-mail address fundacionprivacy@protonmail.com. The registrant of and is Carolina Rodrigues\/Fundacion Comercio Electronico, also located in Panama with e-mail address domains@owld.net.\r\nThe Complainant asserts that both e-mail addresses fundacionprivacy@protonmail.com and domains@owld.net belong to the same person, Carolina Rodrigues. It also submits that both and have close IP addresses (192.187.111.221 and 192.187.111.220), the same name server (ns1.panamans.com) and same e-mail server (1 mail.h-email.net), and on 13 January 2021 also displayed the same name server and email. All three disputed domain names are listed for sale on the same platform, SEDO. \r\nFundacion Privacy Services Ltd, was shown as the registrant for all three disputed domain names. GoDaddy, the registrar for the disputed domain names and has confirmed that the Respondent, Fundacion Privacy Services LTD is the registrant of and , and that the registrant's name is Carolina Rodrigues. Media Elite Holdings, the registrar for the disputed domain name, and has confirmed that the Respondent, Fundacion Privacy Services LTD, is the registrant.\r\nIt appears from the evidence submitted by the Complainant that the three disputed domain names are controlled by the same person or entity. The e-mail addresses for the disputed domain names belong to the same person, Carolina Rodgrigues. The disputed domain names, and have close IP addresses, the same name server and the same e-mail server; and on 13 January 2021, also displayed the same name server and e-mail server. All three disputed domain names were registered using the privacy service, Fundacion Privacy Services LTD, and are listed for sale on the same platform, SEDO. The Panel also notes that in, Target Brands, Inc. v. Carolina Rodrigues\/Fundacion Comercio Electronico\/Domain Administrator\/Fundacion Privacy Services LTD, Forum Case No. FA1906001848345, the Respondents were treated as a single entity.\r\nTaking all these factors into consideration, and the uncontested evidence submitted by the Complainant that the disputed domain names are under common control, the Panel will proceed to determine the complaint on the basis that all three disputed domain names are registered by the same domain name holder. \r\nThe 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": [ "Veronica Bailey" ], "date_of_panel_decision": "2021-03-03 00:00:00", "informal_english_translation": "The Complainant owns the following trade mark registrations in Panama that predate the registration of the disputed domain names:\r\n• NOVARTIS, registration no. 80548, registered on 25 April 1996 \r\n• NOVARTIS, registration no. 253960, registered on 25 October 2016 \r\nThe Complainant also owns numerous domain names composed of its trade mark NOVARTIS, including created on 2 April 1996, and created on 25 April 1998. ", "decision_domains": { "NOVRTIS.COM": "TRANSFERRED", "NOVARTISEYEMED.COM": "TRANSFERRED", "NOVARTISBENEFITS.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }