The Novartis Group is one of the biggest 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”), created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, is the holding company of the Novartis Group. The Complainant’s products are manufactured and sold in many regions worldwide. The Complainant enjoys a local presence in the United States, where the Respondent is located. The Complainant has subsidiaries and associated companies based in the United States and has been playing an active role on the local market and in its society. <\/p>\n
The disputed domain name was registered on March 1, 2023.<\/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
i) The Complainant has rights in the “NOVARTIS” mark as identified in section “Identification of rights” above. The disputed domain name is confusingly similar to the Complainant's NOVARTIS mark because it incorporates, in its second level portion, a typo of the Complainant’s well-known, distinctive trademark NOVARTIS by the addition of a second letter “i” after the letter “o.”<\/p>\n
ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name: the Respondent does not have any previous relationships with the Complainant, nor has the Complainant ever granted the Respondent with any rights to use the NOVARTIS trademark in any forms, including the disputed domain name; the Respondent is not commonly known by the disputed domain name; the Respondent registered the disputed domain name for capitalizing on Internet users’ misspelling mistakes, without legitimate interest and did not intend to use it for any bona fide<\/em> offering of goods or services; and the disputed domain name does not resolve to any active page.<\/p>\n iii) The Respondent has registered and is using the disputed domain name in bad faith: the Respondent has registered and used the disputed domain name with actual knowledge of the Complainant's rights in the NOVARTIS mark; the mere registration of the disputed domain name that is confusingly similar to the Complainant’s famous trademark can by itself create a presumption of bad faith; the disputed domain name does not resolve to any active page, and such a passive holding constitutes bad faith registration and use of the disputed domain name given several factual considerations; typosquatting itself and active MX records associated with the disputed domain name constitute evidence of bad faith registration. RESPONDENT:<\/p>\n Respondent did not submit a response in this proceeding.<\/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": [
"Mr. Ho-Hyun Nahm Esq."
],
"date_of_panel_decision": "2023-05-14 00:00:00",
"informal_english_translation": " The Complainant is the owner of the well-known trademark NOVARTIS registered as both a word and device mark in several classes worldwide, including in the United States. The trademark registrations with the United States Patent and Trademark Office (USPTO) include: “NOVARTIS” Reg. No. 4986124 registered on June 28, 2016, in classes of ICGS: 5, 9, 10, 40, 41, 42, 44; “NOVARTIS” Reg. No. 5420583 registered on March 13, 2018, in classes of ICGS: 9, 10, 41, 42, 44, 45. The Complainant owns International Reg. No. 1544148 for the mark “NOVARTIS” registered on June 29, 2020, in classes of ICGS: 9, 35, 38, 42.<\/p>",
"decision_domains": {
"noivartis.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
<\/p>\n