{
    "case_number": "CAC-UDRP-104413",
    "time_of_filling": "2022-03-15 10:05:01",
    "domain_names": [
        "Novartis2022.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "jXun  Lee"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant contends that the 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. Novartis AG, created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, 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 an active presence in Malaysia where the Respondent is located. Being on the local market for over 40 years, the Complainant has established a strong, positive reputation, e.g. the Complainant was winner of TalentCorp’s LIFE AT WORK 2019 AWARD for Outstanding Practice: Learning Platform and was awarded Top Employer in Malaysia for the year 2022.\r\n\r\nThe Complainant is the owner of the well-known trademark NOVARTIS registered as both a word and device mark in several classes worldwide, including Malaysia. The vast majority of the Complainant’s trademark registrations significantly predates the registration of the disputed domain name.\r\n\r\nThe Complainant also contends that previous UDRP Panels have stated that the NOVARTIS trademark is well-known (inter alia Novartis AG v. Domain Admin, Privacy Protection Service INC d\/b\/a PrivacyProtect.org, \/ Sergei Lir, WIPO Case No. D2016-1688).\r\n\r\nThe Complainant owns numerous domain names composed of either its trademark NOVARTIS alone, including <novartis.us> (created on 19 April 2002) and <novartis.com> (created on 2 April 1996) or in combination with other terms, e.g. <novartispharma.com> (created on 27 October 1999). The Complainant uses these domain names to promote the NOVARTIS mark with related products and services.\r\n\r\nThe Complainant enjoys a strong presence online also via its official social media platforms and official websites dedicated to Malaysia: https:\/\/www.novartis.com\/.",
    "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.",
    "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": [
        "Udo Pfleghar, B.A. "
    ],
    "date_of_panel_decision": "2022-04-28 00:00:00",
    "informal_english_translation": "The Complainant is the holder of numerous trademarks and domains bearing the name NOVARTIS, which is also the Complainant's company name. \r\n\r\nIn Malaysia, the Complainant bases the claim on Registration No. 96007911, dated 30 March 2004 and registered broadly in Class 05 of the Nice Classification.",
    "decision_domains": {
        "NOVARTIS2022.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}