{
    "case_number": "CAC-UDRP-102819",
    "time_of_filling": "2019-12-23 09:14:03",
    "domain_names": [
        "novartis-live.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "sicbon infotech inc."
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a multinational healthcare company based in Switzerland. Novartis was founded in 1996 and nowadays manufactures several well-known drugs which are commercialized worldwide. Its operations overs most of the important jurisdictions, including the EU, US and China.\r\n\r\nNo information is known about the Respondent who registered the disputed domain name <novartis-live.com> on November 11, 2019 under a privacy statement. The disputed domain name is not currently used in connection with any goods or services and resolves in error page.\r\n\r\nIn view of the above-mentioned, on November 18, 2019, the Complainant sent a cease and desist letter to the Respondent, via the Registrar’s online contact form, and two subsequent reminders on December 2, 2019 and December 10, 2019. The Complainant has not received any response.   ",
    "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.\r\n",
    "no_response_filed": "COMPLAINANT' CONTENTIONS:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name <novartis-live.com> and the Complainant's registered trademarks NOVARTIS are confusingly similar. \r\n\r\nThe Complainant argues that its trademarks are fully contained within the disputed domain name and points out that the elements in which the signs vary, are generics and thus do not alter the overall confusion between the signs. \r\n\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making a bona fide offering of goods or services. \r\n\r\nMoreover, the Complainant states that the Respondents have not been licensed or otherwise authorized to use any of the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.\r\n\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states due to its worldwide presence and considering that the Complainant’s trademark are well known mark, the Respondents could not be unaware of the Complainant rights over the name NOVARTIS at the time of the disputed domain name registration.\r\n\r\nFinally, the website at the disputed domain name is currently inactive and there is no evidence of it having ever been associated with any goods or services. The Complainant underlines that, although the domain name is not being actively used by the Respondent, passive holding may amount to bad faith use under certain circumstances, as in this case.\r\n\r\n\r\nNO 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": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2020-02-07 00:00:00",
    "informal_english_translation": "The Complainant owns several trademarks consisting either of the word element “NOVARTIS” alone or of composed trademarks in which “NOVARTIS” represents the main distinctive feature. \r\n\r\nSome of the most relevant trademarks registered by the Complainant are as follows:\r\n\r\n• Word EU trademark “NOVARTIS”, No. 000304857, registered in Classes 1,5,9,10,29,30,31,32 with priority date from July 5, 1996;\r\n\r\n• Word EU trademark “NOVARTIS”, No. 013393641, registered in Classes 9,10 with priority date from October 22, 2014;\r\n\r\n• International Registration of a word trademark “NOVARTIS”, No. 663765 in Classes 1;2;3;4;5;7; 8; 9; 10; 14; 16; 17; 20; 22; 28; 29; 30; 31; 32; 40 and 42, where China is one of the designated territories.\r\n\r\n\r\nMoreover, the Complainant owns an important domain names portfolio containing the wording NOVARTIS, such as:\r\n\r\n• <novartis.com> (registered in 1996);\r\n\r\n• <novartis.net> (registered in 1998).  ",
    "decision_domains": {
        "NOVARTIS-LIVE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}