{
    "case_number": "CAC-UDRP-104085",
    "time_of_filling": "2021-10-18 09:31:30",
    "domain_names": [
        "LoadingNovartisCare.site"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Yu Wu"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states that it is “the holding company” of Novartis Group, which is “one of the biggest global pharmaceutical and healthcare groups” and was “created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz.” Complainant further states that its “products are manufactured and sold in many regions worldwide including China” and that it “has a strong presence in China where the Respondent is located.”\r\n\r\nThe Disputed Domain Name was created on August 18, 2021, and is being used in connection with what appears to be a monetized pay-per-click (“PPC”) parking page and also is being advertised for sale for US $5,000.\r\n\r\nComplainant contends, in relevant part, as follows:\r\n\r\nParagraph 4(a)(i): Complainant states that the Disputed Domain Name is confusingly similar to the NOVARTIS Trademark because it “incorporates the Complainant’s well-known, distinctive trademark NOVARTIS in its entirety combined with the terms ‘Loading’ and ‘Care’, which is closely related to the Complainant and its business activities.”\r\n\r\nParagraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, “Complainant has never granted the Respondent any right to use the NOVARTIS trademark within the Disputed Domain Name, nor is the Respondent affiliated to the Complainant in any form”; “Complainant has not found that the Respondent is commonly known by the Disputed Domain Name”; “the Respondent is named “Wu Yu”, which is not related to the Complainant nor to the term ‘Novartis’ in any way”; and because the Disputed Domain Name “resolve[s] to a pay-per-click website…, the Respondent has not been using the Disputed Domain Name for any bona fide offering of goods or services.”\r\n\r\nParagraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, “incorporating the well-known trademark NOVARTIS in the Disputed Domain Name is a deliberate and calculated attempt to improperly benefit from the Complainant’s rights and reputation”; previous panels have found that using a disputed domain name in connection with a PPC site, as here, constitutes bad faith; and by listing the Disputed Domain Name for sale, “Respondent intends to collect commercial gain by selling the Disputed Domain Name which incorporates the Complainant’s well-known, distinctive trademark NOVARTIS.”",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Name.",
    "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 UDRP).",
    "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 UDRP).",
    "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 UDRP).",
    "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": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2021-11-22 00:00:00",
    "informal_english_translation": "Complainant states, and provides evidence to support, that it is the owner of at least 177 trademark registrations that consist of or contain the mark NOVARTIS (the “NOVARTIS Trademark”), including Int’l Reg. No. 666,218 for NOVARTIS (registered October 31, 1996).",
    "decision_domains": {
        "LOADINGNOVARTISCARE.SITE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}