FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT<\/p>\n
The Complainant is part of the Novartis Group, which is one of the biggest global pharmaceutical and healthcare groups. The Complainant is headquartered in Switzerland, was created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, and is the holding company of the Novartis Group.<\/p>\n
The Complainant’s products are manufactured and sold in many countries worldwide, including in Panama, where Respondent is located. Subsidiaries of the Complainant in Panama include “Novartis Pharma (Logistics), Inc” and “Novartis Panama, SA”.<\/p>\n
The Complainant owns numerous domain names incorporating its trade mark NOVARTIS, including <novartis.com> (registered in 1996) and <novartispharma.com> (registered in 1999). The Complainant uses these domain names to resolve to its official websites through which it informs Internet users and potential consumers about its NOVARTIS mark and its related products and services.<\/p>\n
According to the publicly available WHOIS records, the Domain Name was registered on 22 February, 2022. <\/p>\n
At the time of filing of this complaint, the Domain Name resolves to an active Pay Per Click page displaying various links such: “Labaratorios”, “Healthcare”, “Sales”<\/p>\n
The Complainant sent a “cease and desist” letter in respect of the Domain Name on 1 March 2023. The cease and desist Letter was been sent via on-line form as provided by the Registrar – GoDaddy LLC as well as via abuse contact of the Registrar. There was no response from the Respondent.<\/p>\n
The Respondent has been involved in numerous domain name disputes and appears as a respondent in many decisions of different providers, including WIPO, ADR Forum, CAC. The Respondent holds numerous other domain names including those with incorporate the trade marks of third parties. <\/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 (the \"Domain Name\").<\/p>", "no_response_filed": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the 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 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 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": [ "Matthew Harris" ], "date_of_panel_decision": "2023-04-19 00:00:00", "informal_english_translation": "
The Complainant is the owner of a number of registered trade marks that comprise of incorporate the term ‘Novartis’. They include:<\/p>\n
- United States trade mark no. 4986124 with a registration date of 28 June, 2016 for \"NOVARTIS\" as a standard character mark in classes 5, 9, 10, 41, 42 and 44. <\/p>\n
- International trade mark registration no. 1544148 with a registration date of 29 June, 2020 for “NOVARTIS” as a standard character mark in classes 9, 35, 38 and 42, which has proceeded to registration in over 20 territories. <\/p>\n
- Panamanian trade mark no. 80548, with a registration date of 25 April, 1996 for \"NOVARTIS\" in the form of what appears to be a word mark in class 5; and <\/p>\n
- Panamanian trade mark no. 253960 , with a registration date of 25 October, 2016 for \"NOVARTIS\" in the form of what appears to be a word mark in class 9. <\/p>", "decision_domains": { "novartishcp.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }