{
    "case_number": "CAC-UDRP-104557",
    "time_of_filling": "2022-05-05 09:23:07",
    "domain_names": [
        "Novartis-india.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "NOVARTIS INDIA LIMITED"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1) The Complainant declares to be one of the biggest pharmaceutical and healthcare groups worldwide. According to the Complainant, Novartis AG products are sold in about 155 countries and reached nearly 800 million people globally in 2018.\r\n\r\n2) The Complainant has duly proved to be the owner of the registered well-known trademark \"NOVARTIS\" in several classes and in numerous countries all over the world including India, where the Respondent is located and that these trademark registrations long predate the registration of the disputed domain names which was created only on March 14, 2022.\r\n\r\n3) In the Complainant's view, due to extensive use, advertising and revenue associated with its trademarks worldwide, the Complainant enjoys a high degree of renown around the world, including India, where the Respondent is located. The Complainant has previously successfully challenged several domain names including the word \"NOVARTIS\" through UDRP processes.\r\n\r\n4) The Complainant outlines that in the WIPO Case No. D2016-1688, Novartis AG v. Domain Admin, Privacy Protection Service INC d\/b\/a PrivacyProtect.org, \/ Sergei Lir, the Panel confirmed that \"NOVARTIS\" is a well-known trademark.\r\n\r\n5) The Complainant has registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term \"NOVARTIS\", for example, <novartis.com> (created on April 2, 1996), <novartis.in> (created on February 15, 2005) and Novartis.us (created on April 19, 2002). The Complainant uses these domain names to connect to a website through which it informs potential customers about its \"NOVARTIS\" mark and its products and services.\r\n\r\n6) According to the Complainant, the domain name in dispute is similar to its \"NOVARTIS\" trademark since the disputed domain name resolves in the \"NOVARTIS\" mark along with the geographic identifier “INDIA”.\r\n\r\n7) The Complainant has never granted the Respondent with any rights to use the \"NOVARTIS\" trademark. In addition, the Complainant has duly noted that the Respondent's name \"NOVARTIS INDIA LIMITED\" fully corresponds to the Complainant's Indian subsidiary name. From the Complainant's point of view, it proves that the Respondent wishes to impersonate the Complainant with a false address and it cannot constitute a valid right or legitimate interest in respect of the domain name in dispute.\r\n\r\n8) Furthermore, the Complainant outlines that the domain name <novartis-india.com> used to resolve to a mere pay-per-click page and that currently it has been suspended due to pending WHOIS verification.\r\n\r\n9) The Complainant informs that an attempt to contact the owner of the disputed domain names was made on March 29, 2022 through a cease-and-desist letter. The Respondent has never answered.\r\n\r\n10) In the Complainant's view, by using the domain name <novartis-india.com> the Respondent has clearly and intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's mark and business.    ",
    "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.\r\n\r\n",
    "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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2022-06-16 00:00:00",
    "informal_english_translation": "The Complainant owns many trademark registrations for \"NOVARTIS\" which enjoy protection in numerous countries.\r\n\r\nIn particular, the Complainant outlines to be the owner of the Indian word mark \"NOVARTIS\", filed on February 28, 1996 (application No. 700020), and duly registered and renewed.  ",
    "decision_domains": {
        "NOVARTIS-INDIA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}