{
    "case_number": "CAC-UDRP-103588",
    "time_of_filling": "2021-08-16 10:27:12",
    "domain_names": [
        "Verify-novartis.info"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Victor Ilyushkin"
    ],
    "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. The Complainant Novartis AG, created in 1996 through a merger of two other companies (Ciba-Geigy and Sandoz), is the holding company of Novartis Group.\r\n\r\nThe Complainant’s products are manufactured and sold in many regions worldwide. The Complainant has a strong presence in Russia where the Respondent is located. The Complainant has numerous subsidiaries and associated companies based in Russia. \r\n\r\nThe Complainant owns numerous domain names composed of its trademark NOVARTIS, including <novartis.ru> (created on 1 June 2000) and <novartis.com> (created on 2 April 1996). The Complainant uses these domain names to promote the NOVARTIS mark with related products and services.\r\n\r\nThe Complainant and the Respondent have never had any business relationships, nor has the Complainant ever granted the Respondent with any rights to use the NOVARTIS trademark in any forms.\r\n\r\nThe Complainant has not found that the Respondent is commonly known by the disputed domain name or that it has legitimate interest over the disputed domain name. \r\n\r\nThe disputed domain name resolves to an active website displaying information which was copied from another official online presence of the Complainant’s Sandoz brand (https:\/\/www.sandoz.com\/). In the upper part of the website there is a section named ‘product validation’; once the website users click on the sentence “Check the product for authenticity”, they are asked to enter an e-mail address.  ",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain name. The Panel is aware, however, of the CAC Case No. 103580, seemingly between the same parties as in the present case regarding the similar domain name <verify-novartis.com>.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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.\r\n\r\nAccording to Article 11(a) of the Rules, “unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding”.\r\n\r\nThe language of the Registration Agreement is Russian. The Complainant, however, has requested that the language of the proceeding be English instead of Russian. \r\n\r\n\r\nThe Panel uses its discretionary authority to decide that the language of the proceedings shall be English for the following reasons: \r\n\r\n(a) The disputed domain name resolves to an active website entirely in English. This demonstrates that the Respondent has a good understanding and knowledge of English and the intention of the Respondent is to address its visitors in English language, i.e. English speaking visitors;\r\n\r\n(b) the Respondent chose to register the disputed domain name with the generic top level TLD .info. This proves that by registering the disputed domain name the Respondent tried to target a broad audience, not limited to Russian speaking visitors;\r\n\r\n(c) the disputed domain name is composed by the English term “verify” and the Complainant’s name “Novartis”, both are correctly spelt. This further demonstrates that the Respondent understands English;\r\n\r\n(d) the Complainant is a Swiss-based company, the Respondent is located in Russia. The English language, being commonly used internationally, would be considered as neutral for both parties in the present case; \r\n\r\n(e) a translation of the Complaint to Russian would entail significant additional costs for the Complainant and delay in the proceedings; and\r\n\r\n(d) the Respondent has neither submitted any objection to the use of English language, nor reacted in any other way which would indicate that the Respondent is unable to communicate in English.",
    "decision": "Accepted",
    "panelists": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2021-09-27 00:00:00",
    "informal_english_translation": "The Complainant owns numerous “NOVARTIS” trademark registrations worldwide, including the following:\r\n\r\n- Russian trademark registration no. 534451 with priority of 21 January 2012 for “NOVARTIS да здравствует жизнь“ (with design; the Russian words are in smaller font size below the word “NOVARTIS” and can be translated as “long live life”); and\r\n\r\n- Russian trademark registration no. 526567 with priority of 6 August 2013 for “NOVARTIS лекарства. открытия. надежда.“ (with design; the Russian words are in smaller font size below the word “NOVARTIS” and can be translated as “medicines. discovery. hope.”).\r\n\r\n\r\nThe disputed domain name was registered on 18 July 2021, i.e. the Complainant’s trademark registrations cited above predate the registration of the disputed domain name.",
    "decision_domains": {
        "VERIFY-NOVARTIS.INFO": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}