{
    "case_number": "CAC-UDRP-104628",
    "time_of_filling": "2022-06-03 10:30:56",
    "domain_names": [
        "Novartisit.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Novatris it"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nI. COMPLAINANT \r\n\r\nThe Complainant is one of the biggest global pharmaceutical and healthcare groups. Novartis AG (the “Complainant”), 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 sold in about 155 countries and they reached nearly 800 million people globally in 2018. About 125 000 people of 145 nationalities work at Novartis around the world.\r\n\r\nAccording to the Complainant's submissions, the NOVARTIS trademark has a strong presence in India where the Respondent is located, this also thanks to its official website Novartis.in, dedicated to India, and social media platforms.\r\n\r\nMoreover, 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.in> (created on 15 February 2005), <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\n\r\nII. The Disputed Domain Name and the Respondent\r\n\r\n<Novartisit.com> was registered on 20 March 2022 and currently links to an inactive website. According to the information provided by the Registrar, the Respondent is Novatris it, based in India.",
    "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 Disputed Domain Name is confusingly similar to the Complainant's trademark as it entirely incorporates the NOVARTIS trademark, in combination with the term “IT”, which could be easily interpreted by the public as “Information technology” or the country abbreviation for “Italy”, therefore is closely related to the Complainant and its business activities. The addition of the gTLD “.com” does not add any distinctiveness to the disputed domain name.\r\n\r\nThe Complainant denies that the Respondent has rights or legitimate interests in respect of the disputed domain name and Novartis AG has never had any business relationship with the Respondent. Moreover, the Complainant excludes that the Respondent is known with the disputed domain name as there is no evidence that NOVARTISIT is an active business.\r\n\r\nThe Complainant supports that the disputed domain name is registered and used in bad faith, given the high reputation of the NOVARTIS trademark and the fact that <novartisit.com> has never been actively used.\r\n\r\n\r\nRESPONDENT: \r\n\r\nThe Respondent did not file any administrative reply to the Complaint.  ",
    "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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2022-07-05 00:00:00",
    "informal_english_translation": "The Complainant proved to be the owner of numerous \"NOVARTIS\" trademark registrations all over the world including the following Indian trademark registration:\r\n\r\nTrademark: NOVARTIS\r\nApplication. no: 700020\r\nApplication date: 28 February 1996\r\nUser date: 28 July 1997  ",
    "decision_domains": {
        "NOVARTISIT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}