{
    "case_number": "CAC-UDRP-104981",
    "time_of_filling": "2022-11-09 09:46:32",
    "domain_names": [
        "novartispharma-us.com",
        "novartispharm-us.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG "
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Roy   Schonberg  (Novartis Pharmaceuticals )",
        "Novartis Pharmaceuticals  "
    ],
    "respondent_representative": null,
    "factual_background": "<p><span>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><br \/><br \/><span>The Complainant states that it is one of the biggest global pharmaceutical and healthcare groups and provides solutions to address the evolving needs of patients worldwide by developing and delivering innovative medical treatments and drugs.&nbsp;<\/span><br \/><br \/><span>The Complainant submits that its products are manufactured and sold in many regions worldwide. <\/span><\/p>\n<p><span>The Complainant underlines that it has a strong presence in the USA where the Respondent is located. The Complainant points out that it has been playing an active role on the local market and in the USA society.&nbsp;<\/span><br \/><br \/><span>The Complainant points out that the majority of its trademark registrations predate the registration of the disputed domain names.<\/span><br \/><br \/><span>The Complainant notes that previous UDRP panels have stated that the NOVARTIS trademark is well-known.&nbsp;<\/span><br \/><br \/><\/p>\n<p>The Complainant submits that it has registered several domain names containing the term &ldquo;NOVARTIS&rdquo;, for example, &lt;novartis.com&gt; (registered in 1996) and &lt;novartispharma.com&gt; (registered in 1999).<\/p>\n<p><br \/><span>The Complainant clarifies that it uses these domain names to connect to a website through which it informs potential customers about its \"NOVARTIS\" trademark and its products and services.<\/span><\/p>\n<p><span>The Complainant adds that it enjoys a strong presence online via its official social media platforms.&nbsp;<\/span><\/p>\n<p><span>The Complainant points out that the NOVARTIS trademark is clearly recognizable within the disputed domain names and that the mere addition of a descriptive term would not prevent a finding of confusing similarity to a trademark.<\/span><\/p>\n<p><span>T<\/span>he Complainant considers that the addition of the top-level domain &ldquo;.COM&rdquo; does not add any distinctiveness to the disputed domain names.<\/p>\n<p>The Complainant submits that the disputed domain names should be considered as confusingly similar to the trademark \"NOVARTIS\".<\/p>\n<p>The Complainant notes that:<\/p>\n<ul>\n<li>it has never had any previous relationships with the Respondent;<\/li>\n<li>it has never granted the Respondent any rights to use the NOVARTIS trademark in any form, including the disputed domain names;<\/li>\n<li>the Respondent is not commonly known by the disputed domain names;<\/li>\n<li>when searched for &ldquo;novartispharma-us.com&rdquo; or &ldquo;novartispharm-us.com&rdquo; in the Google search engine, the search results all pointed to the Complainant and its business activities;&nbsp;<\/li>\n<li>\n<p>when searching for the Respondents' names as revealed by the Registrar Verification along with the terms contained in the disputed domain names there are no relevant results showing that the Respondent is known by the disputed domain names;<\/p>\n<\/li>\n<li>\n<p>the WHOIS records show that the Respondent appears as &ldquo;Novartis Pharmaceuticals&rdquo; with two different addresses in the US and there are no such organizations in the locations listed;<\/p>\n<\/li>\n<li>it has numerous entities in the US operating under the name &ldquo;Novartis Pharmaceuticals Corporation&rdquo; located in New Jersey, Texas, Illinios, California and New York;<\/li>\n<li>it sent \"cease-and-desist\" letters:&nbsp;<br \/>- &nbsp; &nbsp;In relation to &lt;novartispharma-us.com&gt; on September 28, 2022;&nbsp;<br \/>- &nbsp; &nbsp;In relation to &lt;novartispharm-us.com&gt; on October 14, 2022;<\/li>\n<\/ul>\n<p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;and did not receive any response;<\/p>\n<ul>\n<li>at the time of sending the \"cease-and-desist\" letters and at least until the date of filing the complaint, both disputed domain names did not resolve to any active pages;<\/li>\n<li>there is no evidence that the Respondent engages in, or has engaged in any activity or work, i.e., legitimate or fair use of the disputed domain names, that demonstrates a legitimate interest in the disputed domain names.<\/li>\n<\/ul>\n<p>The Complainant observes that the Respondent, who should have performed a simple online search before registering the disputed domain names, has chosen to incorporate the distinctive well-known trademark NOVARTIS in the disputed domain names in its entirety without any authorization.<\/p>\n<p>The Complainant argues that it is inconceivable that the Respondent was unaware of the existence of the Complainant when it registered the disputed domain names, also using the names &ldquo;Novartis Pharmaceuticals&rdquo; in the corresponding registration requests.&nbsp;<\/p>\n<p>The Complainant submits that the Respondent registered the disputed domain names incorporating the trademark NOVARTIS intentionally in order to take advantage of the reputation of the trademark NOVARTIS and of its goodwill.&nbsp;<\/p>\n<p>The Complainant highlights that under the doctrine of passive holding, which should apply to this case, &ldquo;the non-use of a domain would not prevent a finding of bad faith&rdquo;.&nbsp;<\/p>\n<p>The Complainant adds that the Respondent's decision not to reply to the \"cease-and-desist\" letters is a further evidence of bad faith.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain names.<\/p>",
    "no_response_filed": "<p>No administratively compliant Response has been filed.&nbsp;<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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": "<p>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 names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
    "procedural_factors": "<p>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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2022-12-31 00:00:00",
    "informal_english_translation": "<p><span>The Complainant is the owner of numerous registrations for the trademark \"NOVARTIS\", including the US trademark No 4986124, registered on June 28, 2016, for goods and services in classes 5, 9, 10, 41, 42 and 44.<\/span><br \/><br \/><span>The disputed domain names were registered by the Respondent on September 20, 2022 and on October 7, 2022.<\/span><\/p>",
    "decision_domains": {
        "novartispharma-us.com": "TRANSFERRED",
        "novartispharm-us.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}