{ "case_number": "CAC-UDRP-104560", "time_of_filling": "2022-05-06 10:18:19", "domain_names": [ "Allnovartisbio.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "a.K. allnovartisbio Kulik" ], "respondent_representative": null, "factual_background": "The Complainant has requested English as the Language of the Proceedings, which will be addressed in this Decision. \r\n\r\nThe Complainant is one of the biggest global pharmaceutical and healthcare groups. The Complainant provides solutions to address the evolving needs of patients worldwide by developing and delivering innovative medical treatments and drugs. The Complainant, Novartis AG, based in Basel, Switzerland was 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 Ukraine where the Respondent is located. The Complainant has subsidiaries and associated companies based in Ukraine and has been playing an active role on the local market and in Ukraine society since 2013. \r\n\r\nThe Complainant holds Trademark Rights over the name NOVARTIS since July 1,1996.\r\n\r\nThe Complainant also owns its domain names portfolio, composed of either its trademark NOVARTIS alone: registered on April 2, 1996; registered on April 25, 1998; registered on 19 April 2002 or in combination with other terms, e.g. registered on 27 October 1999. The Complainant uses these domain names to promote the NOVARTIS mark with related products and services. \r\n\r\nAccording to the submitted evidence before the Panel, the disputed domain name was registered on September 24, 2021. By April 21, 2021, the website was active impersonating the Complainant, by reproducing Complainant’s Business, Trademark, Logo, offering for sale a pharmaceutical drug, a human growth hormone (hGH) named SOMATROPIN in liquid presentation. By April 25, 2022, the content of the website was removed, resolving in an inactive website. \r\n\r\nBy the time of this Decision, the disputed domain name and the website are inactive. ", "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": "Response:\r\n\r\nThe Respondent did not reply to any of the Complainant's contentions.\r\n\r\n\r\nCOMPLAINANT CONTENTIONS:\r\n\r\n1) The Complainant asserts that the disputed domain name is confusingly similar to its trademark NOVARTIS, since incorporates the Complainant’s well-known, distinctive trademark NOVARTIS in its entirety in combination with the terms “all” and “bio”, which is closely related to the Complainant and its business activities. \r\n\r\n2) The Complainant asserts that it has never had any previous relationships with the Respondent, nor has the Complainant ever granted the Respondent with any rights to use the NOVARTIS trademark in any forms, including the disputed domain name.\r\n\r\n3) The Complainant asserts that 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. When searched for “All Novartis bio” in the Google search engine, the search results all pointed to the Complainant and its business activities. \r\n\r\n4) The Complainant contends that the Respondent obviously knew about the Complainant and its trademark NOVARTIS when it registered the disputed domain name. However, the Respondent still chose to register it, due to in 2021 the Complainant noticed that the website associated to the disputed domain name displayed content that infringed the Complainant’s intellectual property rights. The website displayed content that impersonated Novartis’ official website (https:\/\/www.novartis.com) and that not only was the general look-and-feel copied from the official website, but it was also using the Novartis logo in a prominent position. Moreover, it offered “Somatropin Human Growth Hormone” products under the name “Novartis-Bio”, printed on the package of the products, as shown on the website. Subsequently, the Complainant filed an abuse report to the hosting provider. The Website was removed on April 25, 2022. \r\n\r\n5) The Complainant asserts that the Respondent has been impersonating the Complainant and has been trying to mislead internet user into believing that the Website was authorized by \/ associated with the Complainant. The Respondent has not been using the disputed domain name for any bona fide offering of goods or services. \r\n\r\n6) The Complainant also contends, that the disputed domain name shall be deemed as registered in bad faith, due to a) The Respondent obviously knew about the Complainant and its trademark; b) The Complainant’s trademark NOVARTIS is a distinctive, well-known trademark worldwide and in Ukraine where the Respondent resides; c) The Respondent has failed in presenting a credible evidence-backed rationale for registering the disputed domain name. \r\n\r\n7) The Complainant contends, that by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website. \r\n\r\n8) The Complainant also contends that the Respondent has been using privacy shield to conceal its identity. According to the Registrar Verification, the Respondent has provided its first name as “allnovartisbio” and last name as “Kulik”. The Complainant considers it as deliberate provision of false WhoIs. Both factors have added up to the finding of bad faith. ", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [ "Ms. MARÍA ALEJANDRA LÓPEZ GARCÍA" ], "date_of_panel_decision": "2022-06-17 00:00:00", "informal_english_translation": "The Complainant is one of the biggest global pharmaceutical and healthcare groups. The Complainant provides solutions to address the evolving needs of patients worldwide by developing and delivering innovative medical treatments and drugs. The Complainant, Novartis AG, based in Basel, Switzerland was 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, including in Ukraine where the Respondent is located. \r\n\r\n\r\nThe Complainant holds an ample portfolio of the well-known trademark NOVARTIS registered as both a word and device mark in several classes at a worldwide level, including in Ukraine. As an example of some of them: \r\n\r\n- International Trademark NOVARTIS, Reg. No. 663765 granted on July 1, 1996, in force until July 1, 2026, in connection with classes 01, 02, 03, 04, 05, 07, 08, 09, 10 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40 and 42. \r\n\r\n- International Trademark NOVARTIS, Reg. No. 1349878 granted on November 29, 2016, in force until November 29, 2026, in connection with classes 09, 10, 41, 42, 44 and 45. \r\n\r\n- International Trademark NOVARTIS AND DESIGN, Reg. No. 1\/129100 granted on September 9, 2020, in connection with class 41. \r\n\r\n\r\nThe disputed domain name was registered on September 24, 2021, and by the time of this Decision, resolves to an inactive website.", "decision_domains": { "ALLNOVARTISBIO.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }