{
    "case_number": "CAC-UDRP-104132",
    "time_of_filling": "2022-01-17 09:32:59",
    "domain_names": [
        "novartis.africa"
    ],
    "case_administrator": "Iveta Špiclová (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "E-MARKETPLACE PTY LTD"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant (NOVARTIS AG) is a global healthcare company based in Switzerland that provides solutions to address the evolving needs of patients worldwide. The Complainant manufactures drugs such as clozapine (Clozaril), diclofenac (Voltaren), carbamazepine (Tegretol), valsartan (Diovan) and many others.\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\nThe Complainant has a strong presence in Australia where the Respondent is located. The Complainant has several subsidiaries and associated companies based in Australia and has been playing an active role on the local market and in the Australian society, e.g. active measures against COVID-19 in Australia.\r\n\r\nThe disputed domain name <novartis.africa> was registered on 28 December 2021 and is held by the Respondent. \r\n\r\nThe domain name website (i.e. website to which the disputed domain name resolves) has no genuine content apart from a notification that reads \"Domain Parked by OnlyDomains.\" and information on the registrar (OnlyDomains).\r\n\r\nThe Complainant seeks transfer of the disputed domain name to Complainant. \r\n",
    "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": "COMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\n- The disputed domain name contains the distinctive “NOVARTIS” word element, and it is thus identical to Complainant’s trademarks.\r\n\r\n- The addition of the term “AFRICA” as top-level-domain is not sufficient to escape the finding that the disputed domain name is confusingly similar to Complainant's trademarks, as it does not prevent the likelihood of confusion between the disputed domain name and the Complainant, Complainant's trademarks and its business. On the contrary, such geographical indication may further mislead the consumers.\r\n\r\nThus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.\r\n\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\n- The Respondent has not been commonly known by the disputed domain name.\r\n\r\n- The Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner.\r\n\r\n- Furthermore, the domain name website has been inactive, which implies that there is no Respondent’s intention to use the disputed domain name for legitimate purposes.\r\n\r\n \r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\n- Complainant’s trademarks pre-dates the registration of the disputed domain name and the Respondent has never been authorized by the Complainant to register it.\r\n\r\n- Complainant’s trademarks enjoy status of well-known trademarks and the Respondent must have been aware of their existence while registering the disputed domain name.\r\n\r\n- The purpose of the use and registration of the disputed domain has been, inter alia, an intentional attempt to attract, for commercial gain, companies by creating a likelihood of confusion with the Complainant’s trademarks and its company name.\r\n\r\n - Disputed domain name does not resolve to any genuine content, which constitutes passive holding. Registration and passive holding of a domain name, which has no other legitimate use and clearly refers to the Complainant's trademark, may constitute registration and use in bad faith.\r\n\r\n- Complainant has tried to reach the Respondent by a cease-and-desist letter. After some communication, the Respondent (denying any infringement of Complainant's trademark rights) offered to sale the disputed domain name to the Complainant for at least 3,999 USD.\r\n\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not provided any response to the complaint.\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": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2022-02-28 00:00:00",
    "informal_english_translation": "The Complainant is, inter alia, a registered owner of the following trademarks containing a word element \"NOVARTIS”:\r\n\r\n(i) NOVARTIS (word), Australian trademark, priority date 10 July 1996, registration date 24 April 1998, trademark registration no. 712454, registered for goods and services in int. classes 1, 5, 9, 10, 29, 30, 31, and 32;\r\n\r\n(ii) NOVARTIS (word), EU Trademark, priority date 5 July 1996, trademark application no. 000304857, registered for goods and services in int. classes 1, 5, 9, 10, 29, 30, 31, and 32.\r\n\r\nBesides other national, EU and International (WIPO) trademarks consisting of the \"NOVARTIS\" denomination.\r\n\r\nThe word element \"NOVARTIS\" is also a part of Complainant's registered company name NOVARTIS AG and various other companies affiliated with the Complainant. \r\n\r\nThe Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “NOVARTIS”.\r\n\r\n",
    "decision_domains": {
        "NOVARTIS.AFRICA": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}