The Novartis Group is one of the largest thus global pharmaceutical and healthcare groups. It provides solutions to address the evolving needs of patients worldwide by developing and delivering innovative medical treatments and drugs. Novartis AG (the \"Complainant\"), with headquarter in Switzerland, created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, is the holding company of the Novartis Group.<\/p>\n
The Complainant's products are manufactured and sold in many countries worldwide including in Canada (the location of the Respondent), where it has an active presence through its subsidiaries and associated companies. The Complainant owns numerous domain names composed of its trademark NOVARTIS alone, including <novartis.com> (registered in 1996), <novartis.ca> (registered in 2000) or in combination with other terms, such as <novartispharma.com> (registered in 1999). The Complainant uses these domain names to resolve to its official website through which it informs Internet users and potential consumers about its NOVARTIS mark and its related products and services. The Complainant also enjoys a strong presence online via its official social media platforms.<\/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": "
COMPLAINANT:<\/p>\n
The Complainant alleges that the domain name <novvartis.com> (hereinafter referred to as “Disputed Domain Name“) incorporates in its second level-portion a misspelled version of the Complainant's well-known trademark NOVARTIS to which an additional letter \"v\" has been inserted after the letter \"o\". The Disputed Domain Name was registered on May 30, 2022, thus postdating the NOVARTIS trademark by many years. The Complainant contends that the registration and use of the Disputed Domain Name violates its rights and the terms of the Uniform Domain Name Dispute Resolution Policy. It further contends that the addition of the extra \"v\" typosquats on its trademark NOVARTIS and that the misspelling is purposeful, namely, to capitalize on Internet users' possible typing or reading errors when looking for information, or to communicate with, the Complainant online. The Complainant further alleges that it did not give the Respondent permission to register the Disputed Domain Name and it was not authorized to do so. The cumulative evidence supports the conclusion that the Respondent had actual knowledge of the Complainant. This is underscored by the use of the Disputed Domain Name in that it resolves to an active website containing hyperlinks to websites suggestive of healthcare and pharmaceutical products for which the Complainant has a world-wide reputation.
<\/p>\n
RESPONDENT:<\/p>\n
The Respondent has not appeared formally or informally to controvert the evidence submitted by the Complainant.<\/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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2023-04-24 00:00:00", "informal_english_translation": "
The Complainant owns numerous trademarks NOVARTIS registered in numerous jurisdictions<\/p>\n
(hereafter “the NOVARTIS trademark”), which were registered many years before the registration of<\/p>\n
the disputed domain name on May 30, 2022, such as but not limited to:<\/p>\n
- The Swiss trademark NOVARTIS No. 2P-427370, registered on July 1, 1996, 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
- The International trademark NOVARTIS No. 663765, registered on July 1, 1996, 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
- The International trademark NOVARTIS No. 1349878, registered on November 29, 2016, in classes 9, 10, 41, 42, 44 and 45;<\/p>\n
- The Canada trademark NOVARTIS No. TMA523129, registered on February 15, 2000, in classes 1, 3, 5, 9, 29, 30, 31, 32; and - The Canada trademark.<\/p>", "decision_domains": { "novvartis.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }