{ "case_number": "CAC-UDRP-103879", "time_of_filling": "2021-06-24 10:35:45", "domain_names": [ "Novartis-AdaCap.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Mike Sanders" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe 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. The Complainant, Novartis AG, was created in 1996 through a merger of two other companies, Ciba-Geigy and Sandoz, and 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 Germany, where the Respondent is located. The Complainant has numerous subsidiaries and associated companies based in Germany. Moreover, in 2020, 9% of Novartis Group’s total net sales were achieved in Germany. Furthermore, the Complainant enjoys a strong presence online also via its official website dedicated to Germany: https:\/\/www.novartis.de\/ and its social media platforms \r\n\r\nThe Respondent registered the disputed domain name on 9 May 2021. As at the date of this decision, the disputed domain name resolves to an error page and is inactive. The Complainant submitted evidence to show that the disputed domain name previously resolved to a parking page. There is no evidence before the Panel that the disputed domain name has ever been used for an active website since it was registered. ", "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": "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 name is 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 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": "By non-standard communication dated 3 August 2021, the Panel observed that the disputed domain name included, in addition to the name element NOVARTIS, the further name element ADACAP. The Complainant submitted that this was a reference to Advanced Accelerator Applications, an affiliate company of the Complainant and a member of the Novartis Group. The rights of Advanced Accelerator Applications therefore appeared also to be affected by the registration and\/or use of the disputed domain name and by the present administrative proceedings.\r\n\r\nIt was unclear from the Complainant’s submissions whether the name Advanced Accelerator Applications, or the abbreviation AdaCap, were subject to separate trade mark protection and\/or other rights and, if so, who the rightsholder in respect of these names was. Given that Advanced Accelerator Applications appeared to be a separate legal entity from Novartis (albeit a member of the same group), it was not inconceivable that this separate legal entity owned rights in the names Advanced Accelerator Applications and\/or the abbreviation AdaCap.\r\n\r\nAgainst this background, the Panel raised certain questions with the Complainant and gave further procedural directions, inter alia, for the owner of the rights in the name Advanced Accelerator Applications and\/or the abbreviation AdaCap either to be joined to the present administrative proceedings as a joint complainant, if these rights were not also owned by the Complainant, or for the Complainant to demonstrate the agreement of the rightsholder in the name Advanced Accelerator Applications and\/or the abbreviation AdaCap to the transfer of the disputed domain name to the Complainant.\r\n\r\nFollowing a further exchange of non-standard communications, the Complainant produced evidence of agreement by Advanced Accelerator Applications to the transfer of the disputed domain name to the Complainant. The agreement was executed by the holders of a power of attorney on behalf of that company. Although a copy of the power of attorney, pursuant to which the document is said to have been executed, was not produced by the Complainant (which would clearly have been normal procedure), the Complainant of course certified in the Complaint, and again in the Amended Complaint, that \"the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.\" \r\n\r\nThe Panel is therefore satisfied in the circumstances that Advanced Accelerator Applications has consented to the transfer of the disputed domain name to the Complainant. \r\n\r\nThe Panel is satisfied that all other procedural requirements under UDRP were also met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Gregor Kleinknecht" ], "date_of_panel_decision": "2021-09-03 00:00:00", "informal_english_translation": "The Complainant owns a large portfolio of word and device trade marks consisting of the name NOVARTIS in multiple classes and numerous countries around the world, including the International trade mark NOVARTIS, registration number 663765, first registered on 1 July 1996 in international classes 01-05, 07-10, 14, 16, 17, 20, 22, 28-32, 40 and 42. The trade mark registration predates the registration of the disputed domain name. Furthermore, the Complainant owns multiple domain names consisting of the name NOVARTIS, including , registered on 2 April 1996, , registered on 25 January 2008, , registered on 19 April 2002, and , registered on 27 October 1999, which are all connected to the Complainant's official websites.\r\n\r\nThe Panel further notes that previous panels have found the Complainant's trade mark NOVARTIS to be well-known worldwide (see WIPO Case No. D2016-1688, Novartis AG v. Domain Admin, Privacy Protection Service INC d\/b\/a PrivacyProtect.org\/Sergei Lir ). The Panel accepts that the Complainant's trade mark NOVARTIS is well-known around the world, including in Germany, where the Respondent is located.", "decision_domains": { "NOVARTIS-ADACAP.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }