{ "case_number": "CAC-UDRP-104825", "time_of_filling": "2022-09-09 09:48:45", "domain_names": [ "novartispharma-services.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Marie Therese Affognon" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n

    \n
  1. LANGUAGE OF PROCEEDINGS REQUEST: <\/li>\n<\/ol>\n

    To the best of Complainant’s knowledge, the language of the Registration Agreement of the disputed domain name <novartispharma-services.com> is English. Therefore, the language of the proceedings should be English.<\/p>\n

     <\/span><\/p>\n

     2. <\/span>ABOUT COMPLAINANT<\/span> <\/span><\/p>\n

    The Complainant is a pharmaceutical company based in Basel, Switzerland. The Complainant is active in the pharmaceutical business for many decades and has as group about 126 000 people of 145 nationalities work at Novartis around the world. The complainant is represented by BrandIT GmbH, Zürich, Switzerland.<\/span><\/p>\n

    The Complainant is the owner of the registered well-known trademark NOVARTIS as a word and figure mark in several classes in numerous of countries all over the world including in Benin. The Complainant has a presence in Benin, on <\/span>the African continent, through its subsidiaries and associated companies. For instance, the Complainant showed evidence that it established a dedicated organization to reach more patients in Sub-Saharan Africa (SSA). The Complainants SSA unit, for which about 700 employees work, aims to expand the availability of the Complainants full portfolio of medicines, taking a high-volume, lower-price approach – with an aspiration to double patient reach in the region by 2022.<\/p>\n

    The Complainant is the owner of the well-known trademark NOVARTIS registered as both a word and device mark in several classes worldwide, including in Benin. The vast majority of the Complainant’s trademark registrations significantly predates the registration of the disputed domain name.<\/p>\n

    The Complainant owns numerous domain names composed of either its trademark NOVARTIS alone, including <novartis.com> (created on April 2, 1996) or in combination with other terms, e.g. <novartispharma.com> (created on October 27, 1999) and many others. The Complainant uses these domain names to promote the NOVARTIS mark with related products and services. The Complainant enjoys a strong presence online also via its official social media platforms.<\/p>\n

    <\/p>\n

      \n
    1. ABOUT RESPONDENT<\/li>\n<\/ol>\n

      The Respondent is a Benin citizen, using a hidden domain holder name, who is represented by his Registry nameweb.biz. On September 9, 2022 the Respondent registered disputed domain name. She uses the disputed domain name not active.<\/p>\n

      <\/p>\n

      4. SUMMARY of Complainant
      <\/span><\/p>\n

        \n
      • NOVARTIS is a well-known, distinctive trademark worldwide.<\/span><\/li>\n
      • \n

        Complainant’s trademarks registration predates the registration of the disputed domain name.<\/p>\n<\/li>\n

      • \n

        Respondent has no rights in the mark NOVARTIS, bears no relationship to the Complainant, and is not commonly known by the disputed domain name - accordingly it has no legitimate interest in the disputed domain name.<\/p>\n<\/li>\n

      • \n

        It is highly unlikely that Respondent was not aware of Complainant’s prior rights in the trademark NOVARTIS at the time of registering the disputed domain name, given the Complainant’s worldwide renown.<\/p>\n<\/li>\n

      • \n

        Respondent has been passively holding the disputed domain name.<\/p>\n<\/li>\n

      • \n

        Respondent failed in responding to cease-and-desist letter sent by the Complainant.<\/p>\n<\/li>\n

      • \n

        Respondent has been using privacy shield to conceal its identity.<\/p>\n<\/li>\n<\/ul>\n

         <\/span><\/p>\n

        Consequently, the Respondent should be considered to have registered the disputed domain name confusingly similar to the Complainant’s well-known, distinctive trademark NOVARTIS. Especially the generic term \"Pharma\" in the disputed domain name makes obvious that the Respondent was aware what he has done. The Complainant has not found that the Respondent is of any legitimate right or interest in using the disputed domain name, but rather registered and has been using the disputed domain name in bad faith.<\/p>", "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.<\/p>", "no_response_filed": "

        NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/span><\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Harald von Herget" ], "date_of_panel_decision": "2022-10-28 00:00:00", "informal_english_translation": "

        The Complainant is Owner of trademarks in Benin and all over the world. E.g. he has following valid trademarks in Benin with the name NOVARTIS:<\/span><\/p>\n

         <\/span><\/p>\n

        Trademark: NOVARTIS<\/span><\/p>\n

        Swiss Reg. No: <\/span>2P-427370<\/p>\n

        Reg. Date: <\/span>July 1, 1996, in classes 1, 2, 3, 4, 5, 7, 8, 9, 10, 14, 16, 17, 20, 28, 29, 30, 31, 32, 40 and 42<\/p>\n

         <\/span><\/p>\n

        International trademark registration: NOVARTIS<\/span><\/p>\n

        Reg. No. 663765<\/span><\/p>\n

        Reg. date: July 1, 1996<\/span> in classes 1, 2, 3, 4, 5, 7, 8, 9, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40 and 42<\/p>\n

        Reg. No.: 1249666<\/span><\/p>\n

        Reg. date: April 28, 2015 in classes 01, 03, 05, 09, 10, 16, 29, 30, 31, 32, 35, 40, 41, 42, 44 and countries GE-IN-OA-PH-RW<\/span><\/p>\n

         <\/span><\/p>\n

        African (OAPI) trademark registration: NOVARTIS ACCESS<\/span><\/p>\n

        Reg. No. 094567<\/span><\/p>\n

        Reg. date: September 14, 2018 in classes 5 and 10 in OA<\/span><\/p>\n

         <\/span><\/p>\n

        The Complainant also provided evidence that it owns a domain name containing the name <novartis.com>, registered on April 2, 1996, or in combination with other terms, such as <novartispharma.com> (registered in 1999) well before the Respondent registered the disputed domain name.<\/p>", "decision_domains": { "novartispharma-services.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }