{
    "case_number": "CAC-UDRP-104225",
    "time_of_filling": "2021-12-08 09:37:02",
    "domain_names": [
        "Novartisenterprises.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "richard  mcnally"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant was created in 1996 through the merger of the companies Ciba-Geigy and Sandoz, and is the holding company of the Novartis Group, one of the biggest global pharmaceutical and healthcare groups. The Complainant has a strong presence in the United States where the Respondent is located, and in 2019, 34 % of the total net sales of the Novartis Group were made there.\r\n\r\nThe Complainant is the owner of the domain names <novartis.us>, created on 19 April 2002, <novartis.com>, created on 2 April 1996, and <novartispharma.com>, created on 27 October 1999. The Complainant uses these domain names to promote the NOVARTIS trademark and its products and services.\r\n\r\nThe Respondent registered the disputed domain name on 22 June 2018. The disputed domain name redirects to the website of the company “Imaginique Enterprises” where various products are offered for sale. \r\n\r\nThe Complainant notes that on 16 November 2021 it sent to the Respondent a cease-and-desist letter in respect of the disputed domain name, but the Respondent did not respond.\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\nThe Complainant submits that the disputed domain name is confusingly similar to the NOVARTIS trademark, which it incorporates in its entirety combined with the generic term “enterprises”, which is closely related to the Complainant and its business activities. \r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant submits that it has never had any relationship with the Respondent and has not granted to the Respondent any rights to use the NOVARTIS trademark in any forms, including in the disputed domain name, and the Respondent is not commonly known by it. \r\n\r\nAccording to the Complainant, the Respondent deliberately chose to use the well-known, distinctive NOVARTIS trademark for the disputed domain name with the intention to attract Internet traffic by benefiting from the Complainant’s worldwide renown. Internet users who search for information about the Complainant are likely to be confused by the disputed domain name and believe that it is somehow related to the Complainant. \r\n\r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. It highlights that its well-known NOVARTIS trademark predates the registration of the disputed domain name, and that, considering the renown of the Complainant and of its NOVARTIS trademark and the overall composition of the disputed domain name, its registration was a deliberate and calculated attempt to improperly benefit from the Complainant’s rights and reputation.\r\n \r\nThe Complainant points out that the disputed domain name redirects visitors to the website of an entity that sells various products. The Complainant submits that by such use of the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or location by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on the Respondent’s website or location.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response in this proceeding.",
    "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": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2022-01-05 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following registrations in the United States of America (“United States”) of the trademark NOVARTIS (the “NOVARTIS trademark”):\r\n\r\n- the United States trademark NOVARTIS with registration No. 2997235, registered on 20 September 2005 for goods in International Class 5; and\r\n\r\n- the United States trademark NOVARTIS with registration No.5420583, registered on 13 March 2018 for goods and services in International Classes 9, 10, 41, 42, 44 and 45.\r\n",
    "decision_domains": {
        "NOVARTISENTERPRISES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}