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. The Complainant, Novartis AG, 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. The Complainant has a strong presence in the United States, where the Respondent is located. The Complainant has subsidiaries and associated companies based in the United States. Furthermore, the Complainant enjoys a strong presence online via its official social media platforms.<\/p>\n
The Respondent registered the disputed domain name <globalnovartis.com> on 18 April 2023. The disputed domain name resolves to an error page and is inactive. There is no evidence before the Panel that the disputed domain name has ever been used for an active website since it was registered.<\/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": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n
No administratively compliant Response has been filed. <\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark 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 that 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": [ "Gregor Kleinknecht LLM MCIArb" ], "date_of_panel_decision": "2023-07-04 00:00:00", "informal_english_translation": "
The Complainant owns a large portfolio of trade marks consisting of the name NOVARTIS in multiple classes and numerous jurisdictions around the world, including in the United States: United States United States (USPTO) trade mark NOVARTIS, registration number 2336960, first registered on 4 April 2000 in international classes 1, 5, 9, 10, 29, 30, 31, 32 and 42; United States (USPTO) trade mark registration NOVARTIS, registration number 4986124, first registered on 28 June 2016 in international classes 5, 9, 10, 41, 42 and 44; and the International trade mark NOVARTIS, designating the United States, registration number 1349878, first registered on 29 November 2016 in international classes 9, 10, 41, 42, 44 and 45. These trade mark registrations all predate the registration of the disputed domain name.<\/p>\n
Furthermore, the Complainant owns multiple domain names consisting of or incorporating the name NOVARTIS, including <novartis.com>, registered on 2 April 1996, and <novartispharma.com>, registered on 27 October 1999, which are all connected to the Complainant's official websites.<\/p>\n
The Panel further notes that previous panels have found the Complainant's trade mark NOVARTIS to be well-known worldwide (see WIPO Case No. D2016-1688, Novartis AG v. Domain Admin, Privacy Protection Service INC d\/b\/a PrivacyProtect.org\/Sergei Lir <novartis-bio.com>; and WIPO Case No. D2020-3203, Novartis AG v. Amartya Sinha, Global Webs Link, Novartis RO <novartisro.com>). The Panel accepts that the Complainant's trade mark NOVARTIS is well-known around the world, including in the United States, where the Respondent is located.<\/p>", "decision_domains": { "globalnovartis.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }